| (a) Every individual who seeks to practice nursing
in Texas must have good professional character related to the practice
of nursing. This requirement includes all individuals seeking to obtain
or retain a license or privilege to practice nursing in Texas.
(b) The Board defines good professional character as
the integrated pattern of personal, academic, and occupational behaviors
that indicate an individual is able to consistently conform his/her
conduct to the requirements of the Nursing Practice Act, the Board's
rules, and generally accepted standards of nursing practice. An individual
who provides satisfactory evidence that he/she has not committed a
violation of the Nursing Practice Act or a rule adopted by the Board
is considered to have good professional character related to the practice
of nursing.
(c) A determination that an individual does not have
good professional character related to the practice of nursing must
be based on a showing by the Board of a clear and rational connection
between a violation of the Nursing Practice Act or a rule adopted
by the Board and the individual's ability to effectively practice
nursing. When evaluating the rationale connection between the relevant
conduct and the ability to effectively practice nursing, the Board
will consider the following factors:
(1) whether the individual will be able to practice
nursing in an autonomous role with patients/clients, their families,
significant others, healthcare professionals, and members of the public
who are or who may become physically, emotionally, or financially
vulnerable;
(2) whether the individual will be able to recognize
and honor the interpersonal boundaries appropriate to any therapeutic
relationship or health care setting;
(3) whether the individual will be able to make appropriate
judgments and decisions that could affect patients/clients and/or
the public;
(4) whether the individual has exhibited an inability
to conform his/her behavior to the requirements of the Nursing Practice
Act, Board rules and regulations, including §217.11 (relating
to Standards of Nursing Practice) and §217.12 (relating to Unprofessional
Conduct) of this title, and generally accepted standards of nursing
practice; and
(5) whether the individual will be able to promptly
and fully self-disclose facts, circumstances, events, errors, and
omissions, when such disclosure could enhance the health status of
patients/clients or the public and/or could protect patients/clients
or the public from an unnecessary risk of harm.
(d) Actions from Other Jurisdictions A certified copy
of the order of the denial, suspension, or revocation or other action
relating to an individual's license or privilege to practice nursing
in another jurisdiction or under federal law is conclusive evidence
of that action.
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