No two ways about it: If you’re a nurse in Texas and you are facing disciplinary action because someone has interpreted your conduct in a way that, if proven, would be a strike against you, your license is at stake. Any nurse that is found by the Texas Board of Nursing—the regulating body that both conducts investigations into complaints made against nurses and performs the judicial elements of the complaint process—to have violated the Texas Nursing Practice Act may be subject to some very serious consequences, up to and including suspension or even complete revocation of that nurse’s license to practice.
It is therefore imperative that every Texas nurse be well aware of the sorts of conduct that can put them at risk of discipline. According to Section 301.452(b) of the Board of Nursing’s Rules, which covers the grounds for disciplinary action:
(b) A person is subject to denial of a license or to disciplinary action under this subchapter for:
(1) a violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order issued under this chapter;
(2) fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing;
(3) a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude;
(4) conduct that results in the revocation of probation imposed because of conviction for a felony or for a misdemeanor involving moral turpitude;
(5) 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;
(6) impersonating or acting as a proxy for another person in the licensing examination required under Section 301.253 or 301.255;
(7) directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized practice of nursing;
(8) 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;
(9) intemperate use of alcohol or drugs that the Board determines endangers or could endanger a patient;
(10) unprofessional or dishonorable conduct that, in the board’s opinion, is likely to deceive, defraud, or injure a patient or the public;
(11) adjudication of mental incompetency;
(12) lack of fitness to practice because of a mental or physical health condition that could result in injury to a patient or the public; or
(13) 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.
In short, the behaviors and conditions that concern the Board of Nursing tend to be either of a kind that may be likely to cause a patient or other person exposure to some form of risk of harm, actual failure to provide a patient with adequate care, impairment of the nurse’s ability to practice due to chemical dependence or mental incapacity of some form, or unprofessional conduct.
BERTOLINO LLP handles licensure, grievance complaints, ethics, and other important professional licensing issues. If you have received a licensing complaint, BERTOLINO LLP can help. To best serve our clients we have offices in Austin, Houston, and San Antonio. Contact us today or call (512) 476-5757 and schedule a case evaluation.
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