DISCIPLINE RELATED TO NURSING PRACTICE

[This section is taken from Texas Occupations Code, Ch. 301. Nurses (Texas Legislature, 2013).]

The BON utilizes its authority to decide whether misconduct or unsafe practice has occurred and what action should be taken. Violations are taken very seriously since they can put patients at risk. This is why every nurse is responsible for understanding his/her scope of practice and other requirements outlined in the law (NCSBN, 2011).

The Texas Board of Nursing protects the public’s health and welfare by overseeing and ensuring the safe practice of nursing. It regulates and oversees nursing practice by enforcing the nursing laws of Texas. Violations of the Texas law related to nursing (TAC Title 22, Part 11, and TOC Chapter 301–305) are serious and may result in complaints being filed and in discipline by the Board of Nursing.

Violations of nursing laws and rules can result in written warnings, public reprimands, fines, limitations or restrictions on the person’s license, citations, denial, revocation, or suspension of licenses.

Grounds for Disciplinary Action

Violations of Texas law that are grounds for disciplinary action include, but are not limited to:

  • Violation of the Texas Nursing Practice Act, a rule or regulation not inconsistent with this act, or an order issued under this act
  • Fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing
  • Conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or a misdemeanor involving moral turpitude
  • Conduct that results in the revocation of probation imposed because of conviction for a felony or for a misdemeanor involving moral turpitude
  • Use of a nursing license, diploma, or permit, or the transcript of such a document, that has been fraudulently purchased, issued, counterfeited, or materially altered
  • Impersonating or acting as a proxy for another person in the licensing examination required under Sections 301.253 or 301.255
  • Directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized practice of nursing
  • Revocation, suspension, or denial of, or any other action relating to, the person’s license or privilege to practice nursing in another jurisdiction or under federal law
  • Intemperate use of alcohol or drugs that the Board determines endangers or could endanger a patient
  • Unprofessional or dishonorable conduct that, in the Board’s opinion, is likely to deceive, defraud, or injure a patient or the public
  • Adjudication of mental incompetency
  • Lack of fitness to practice because of a mental or physical health condition that could result in injury to a patient or the public
  • Failure to care adequately for a patient or to conform to the minimum standards of acceptable nursing practice in a manner that, in the Board’s opinion, exposes a patient or other person unnecessarily to risk of harm

Required Suspension, Revocation, or Refusal of a License

The Board shall suspend a nurse’s license or refuse to issue a license to an applicant on proof that the nurse or applicant has been initially convicted of:

  • Murder, capital murder, or manslaughter
  • Kidnapping or unlawful restraint
  • Sexual assault
  • Aggravated sexual assault
  • Continuous sexual abuse of a young child or children or indecency with a child
  • Aggravated assault
  • Intentionally, knowingly, or recklessly injuring a child, elderly individual, or disabled individual
  • Intentionally, knowingly, or recklessly abandoning or endangering a child
  • Aiding suicide
  • An offense involving a violation of certain court orders or conditions of bond punished as a felony
  • An agreement to abduct a child from custody
  • The sale or purchase of a child
  • Robbery
  • Aggravated robbery
  • An offense for which a defendant is required to register as a sex offender
  • An offense under the law of another state, federal law, or the Uniform Code of Military Justice that contains elements that are substantially similar to the elements of an offense listed above