| (1) Texas Occupations Code §301.4535. The Board
is required under Texas Occupations Code §301.4535(b) to deny
an individual initial licensure or licensure renewal and to revoke
an individual's nursing license or privilege to practice nursing in
Texas upon a final conviction or a plea of guilty or nolo contendere
for a criminal offense specified in §301.4535(a). Further, an
individual is not eligible for initial licensure or licensure endorsement
in Texas or for licensure reinstatement before the fifth anniversary
of the date the individual successfully completed and was dismissed
from community supervision or parole for an offense specified in §301.4535(a).
(2) Imprisonment. Pursuant to Texas Occupations Code §53.021(b),
an individual's license or multistate licensure privilege to practice
nursing in Texas will be revoked by operation of law upon the individual's
imprisonment following a felony conviction, felony community supervision
revocation, revocation of parole, or revocation of mandatory supervision.
(3) Texas Occupations Code Chapter 108
(A) Pursuant to Chapter 108, Subchapter B, the Board
is required to deny or revoke, as applicable, the license of an individual
who:
(i) is required to register as a sex offender under
the Code of Criminal Procedure Chapter 62;
(ii) has been previously convicted of or placed on
deferred adjudication community supervision for the commission of
a felony offense involving the use or threat of force; or
(iii) has been previously convicted of or placed on
deferred adjudication community supervision for the commission of
an offense:
(I) under the Texas Penal Code §§22.011,
22.02, 22.021, or 22.04 or an offense under the laws of another state
or federal law that is equivalent to an offense under one of these
sections;
(II) committed when the individual held a license as
a health care professional in this state or another state and in the
course of providing services within the scope of the individual's
license; and
(III) in which the victim of the offense was a patient
of the individual.
(B) An individual's eligibility for reapplication or
reinstatement of licensure is governed by the Texas Occupations Code
Chapter 108, Subchapter B.
(l) Arrests. The fact that an individual has been arrested
will not be used as grounds for sanction. If, however, evidence ascertained
through the Board's own investigation from information contained in
the arrest record regarding the underlying conduct suggests actions
violating the NPA or Board rules, the Board may consider such evidence.
(m) The Executive Director is authorized to close an
eligibility file when the individual seeking licensure has failed
to respond to a request for information, a proposed eligibility order,
or denial of licensure within 60 days of the request for information,
proposed eligibility order, or denial.
(n) Pursuant to the Nurse Licensure Compact, Texas
Occupations Code §304.0015, Article III, (c)(7), an individual
will not be eligible to hold a multistate licensure privilege if the
individual has been convicted or found guilty, or has entered into
an agreed disposition, of a felony offense under applicable state
or federal criminal law. Further, pursuant to the Nurse Licensure
Compact, Texas Occupations Code §304.0015, Article III, (c)(8),
an individual will not be eligible to hold a multistate licensure
privilege if the individual has been convicted or found guilty, or
has entered into an agreed disposition, of a misdemeanor offense related
to the practice of nursing, as determined on a case-by-case basis
by the Board.
|
| Source Note: The provisions of this §213.28 adopted to be effective February 25, 2018, 43 TexReg 867; amended to be effective November 24, 2021, 46 TexReg 7876; amended to be effective October 18, 2022, 47 TexReg 6882 |
