The Texas Board of Nursing (TBON) regulates and monitors various types of licensed nurses. As a nurse, you must periodically renew your nursing license. However, if TBON accuses you of violating a rule or law that governs the nursing profession, one potential sanction is that TBON may refuse to renew your nursing license. A nursing license defense attorney can help you navigate your disciplinary proceedings and work to salvage your license and career.
Reasons for TBON to Refuse a Nursing License Renewal
TBON may refuse to renew a nursing license for all the same reasons as refusing to issue an initial nursing license or taking disciplinary action against a licensed nurse, as outlined in Tex. Occ. Code §301.452. These grounds include the following:
- A violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order issued under this chapter;
- Fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing;
- A conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude;
- Conduct that results in the revocation of probation imposed because of conviction for a felony or 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 required nursing licensing examination;
- 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 TBON determines endangers or could endanger a patient;
- Unprofessional conduct in the practice of nursing that 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;
- Performing or delegating to another individual the performance of a pelvic examination on an anesthetized or unconscious patient in violation of state law; or
- Failure to care adequately for a patient or to conform to the minimum standards of acceptable nursing practice in a manner that, in TBON’s opinion, exposes a patient or other person unnecessarily to risk of harm.
Additionally, Tex. Occ. Code §301.4535 provides for circumstances in which TBON must refuse to renew a nurse’s license, which includes the commission of certain crimes, as follows:
- Murder, capital murder, or manslaughter;
- Kidnapping or unlawful restraint, if the offense was punished as a felony or state jail felony;
- Sexual assault;
- Aggravated sexual assault;
- Continuous sexual abuse of a young child or disabled individual 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, elderly individual, or disabled individual;
- Aiding suicide if the offense was punished as a state jail felony;
- An offense involving a violation of certain court orders or conditions of bond, if 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; or
- 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 in this subsection.
Placing Conditions on the Renewal of a Nursing License
Alternatively, instead of refusing to renew a nursing license, TBON can also order the nurse to take any of the following actions as a condition of license renewal:
- Submit to care, counseling, or treatment by a health provider designated by TBON as a condition for the renewal of a license;
- Participate in a program of education or counseling prescribed by TBON, including a program of remedial education;
- Practice for a specified period under the direction of a registered nurse or vocational nurse designated by TBON;
- Perform public service TBON considers appropriate; or
- Abstain from the consumption of alcohol or the use of drugs and submit to random, periodic screening for alcohol or drug use.
Legal Recourse for TBON’s Refusal to Renew a Nursing License
Under Tex. Occ. Code §301.454(c), if TBON refuses to renew a nursing license, the nurse has a right to a hearing before the State Office of Administrative Hearings (SOAH). The SOAH will appoint an administrative law judge (ALJ) to manage the case and conduct a hearing on whether TBON should grant the nurse a renewal license. The ALJ will hear evidence from TBON and the nurse and submit a proposed decision on the issue.
Get Legal Advice and Work to Renew Your Nursing License
A Bertolino LLP nursing license defense lawyer can evaluate your situation and determine the best strategy to renew your license successfully. We also can protect your license should you face a complaint or disciplinary proceedings due to misconduct allegations. Call us today at (512) 515-9518 or get more information about us online.
Call or text (512) 476-5757 or complete a Case Evaluation form
