LEARNING OUTCOME AND OBJECTIVES:  Upon completion of this course, you will be prepared to comply with the ethics, laws, and rules that govern nursing practice in the state of Texas, including those from the Texas Statutes (Occupations Code), the Texas Board of Nursing Rules (Administrative Code), and Texas Board of Nursing position statements. Specific learning objectives include:

• Discuss the Texas Board of Nursing and the Texas Nursing Practice Act.
• Identify the levels of nursing practice in Texas.
• Discuss the factors for safe delegation to unlicensed assistive personnel.
• Define the standards and scope of nursing practice in Texas.
• Discuss Texas nursing law violations and disciplinary actions.
• Summarize the principles of nursing ethics.
• Describe professional boundaries as related to nursing practice.

TEXAS BOARD OF NURSING AND NURSING PRACTICE ACT

“All states and territories legislate a nurse practice act (NPA) which establishes a board of nursing (BON) with the authority to develop administrative rules or regulations to clarify or make the law more specific. Rules and regulations must be consistent with the NPA and cannot go beyond it. Once enacted, rules and regulations have the full force and effect of law (NCSBN, 2020).”

The purpose of nurse practice acts is to:

• Outline the authority, power, and composition of a nursing board
• Set the standards for nursing education
• Set the standards and scope of nursing practice
• Outline the various types of titles and licenses
• Outline the requirements to obtain a nursing license
• State the situations where disciplinary action may be required, as well as additional violations and the possible remedies
  (Coxwell, 2018)

Texas Board of Nursing

The NPA defines responsibilities of the Texas Board of Nursing (BON) for regulating nursing education, licensure, and practice. Chapters of the Texas Occupational Code define nursing practice and give the BON the authority to make rules that implement and interpret the NPA. The BON makes rule changes as needed to assist in the application of the NPA to evolving practice conditions and settings. These rules may be found in the Texas Administrative Code, Title 22, Part 11 (TX SOS, n.d.-a).

The mission of the Texas Board of Nursing (BON or Board) is to protect and promote the welfare of the people of Texas by ensuring that each person holding a license as a nurse in this state is competent to practice safely. The Board fulfills its mission through the regulation of the practice of nursing and the approval of nursing educational programs. This mission, derived from the Nursing Practice Act, supersedes the interest of any individual, the nursing profession, or any special interest group (TX BON, 2020a).

The BON is funded and supported by mandatory licensure fees paid by nurses wishing to practice legally in the state of Texas.

Texas Nursing Laws and Rules

In Texas, nursing standards are codified in the Texas Statutes, a permanent collection of state laws. Only the Legislature can change the NPA, so statutory changes only occur every two years.

The Texas Occupations Code (TOC) is updated by laws that create, amend, transfer, or repeal statutory material. The TOC has three chapters related to nursing. These chapters define nursing practice and give the BON the authority to make rules that implement and interpret the NPA.

• Chapter 301, Nursing Practice Act (NPA)
• Chapter 303, Nursing Peer Review
• Chapter 304, Nursing Licensure Compact
  (TX BON, 2019)

The Texas Administrative Code (TAC) is the official compilation of all state agency rules for Texas. The Office of the Secretary of State oversees the publishing of the TAC. Title 22, Part 11, of the TAC outlines rules related to nursing (TX SOS, n.d.-b).