| sobriety, effective clinical management, and/or appropriate
ongoing treatment may be required. Further, if an individual's criminal
history implicates his/her current fitness to practice, the individual
may also be required to meet the requirements of §213.29 to ensure
he/she is safe to practice nursing.
(h) Factors. The following factors will be considered
when determining the appropriate sanction, if any, in eligibility
and disciplinary matters involving criminal conduct:
(1) the nature, seriousness, and extent of the individual's
past criminal activity;
(2) the age of the individual when the crime was committed;
(3) the amount of time that has elapsed since the individual's
last criminal activity;
(4) the conduct and work activity of the individual
before and after the criminal activity;
(5) evidence of the individual's rehabilitation or
rehabilitative effort while incarcerated or after release;
(6) other evidence of the individual's fitness, including
letters of recommendation from prosecutors and law enforcement and
correctional officers who prosecuted, arrested, or had custodial responsibility
for the individual; the sheriff or chief of police in the community
where the individual resides; and any other individual in contact
with the convicted individual;
(7) a record of steady employment;
(8) support of the individual's dependents;
(9) a record of good conduct;
(10) successful completion of probation/community supervision
or early release from probation/community supervision;
(11) payment of all outstanding court costs, supervision
fees, fines, and restitution ordered;
(12) the actual damages, physical or otherwise, resulting
from the criminal activity;
(13) the results of an evaluation performed pursuant
to Texas Occupations Code §301.4521 and §213.33(k) and (l)
of this chapter;
(14) evidence of remorse and having learned from past
mistakes;
(15) evidence of current support structures that will
prevent future criminal activity;
(16) evidence of current ability to practice nursing
in accordance with the NPA, Board rules, generally accepted standards
of nursing; and other laws that affect nursing practice; and
(17) any other matter that justice requires.
(i) Evaluations. Pursuant to Texas Occupations Code §301.4521
and §213.33(k) and (l) of this chapter, the Board may request
or require an individual to undergo an evaluation with a Board-approved
evaluator to better determine whether the individual is safe to practice
nursing and is able to comply with the NPA, Board rules, and generally
accepted standards of nursing. If an individual's criminal behavior
is due to, or associated with, a substance use disorder or a mental
health condition, evidence of ongoing sobriety, effective clinical
management, and/or appropriate ongoing treatment may also be required.
(j) Youthful Indiscretions. Some criminal behavior
that is otherwise actionable may be deemed a youthful indiscretion
under this paragraph. In that event, a sanction will not be imposed.
The following criteria will be considered in making such a determination:
(1) the offense was not classified as a felony;
(2) absence of criminal plan or premeditation;
(3) presence of peer pressure or other contributing
influences;
(4) absence of adult supervision or guidance;
(5) evidence of immature thought process/judgment at
the time of the activity;
(6) evidence of remorse;
(7) evidence of restitution to both victim and community;
(8) evidence of current maturity and personal accountability;
(9) absence of subsequent criminal conduct;
(10) evidence of having learned from past mistakes;
(11) evidence of current support structures that will
prevent future criminal activity; and
(12) evidence of current ability to practice nursing
in accordance with the NPA, Board rules, generally accepted standards
of nursing, and other laws that affect nursing practice.
(k) Bars to Licensure.
(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.
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