Are you interested in getting a professional nursing license in the state of Texas? Did you know that your dream of becoming an RN license nurse is not an easy thing to achieve? You need a lot of focus and determination to finish your nursing education. Once you graduate, the next step to take is to pass the board exam. Upon passing the examination, you are already considered as a member of the professional nurses in the state.
All LVN or RN license nurses are under the jurisdiction of the Texas Board of Nursing (BON). All complaints or cases concerning the practice of the nursing license are lodged before the Texas Board of Nursing (BON). Thereafter, the members of the Board will hear the case and decide on the issues or matters submitted for resolution. The parties charged are given an opportunity to be heard. This is part of their right to due process.
In one of the recent cases decided by the Texas Board of Nursing (BON), a particular RN nurse named Frank failed to defend his nursing license. Before a case was filed against him, he was employed as a staff nurse in a state hospital. He entered into a plea of Nolo Contendere to three (3) counts of POSS DANGEROUS DRUG, a Class A Misdemeanor offense committed on March 2015. As a result of the please, the proceedings against the RN nurse were deferred without entering an adjudication of guilt.
The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10), Texas Occupation Code. It provides:
Sec. 301.452. GROUNDS FOR DISCIPLINARY ACTION. (a) In this section, “intemperate use” includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs.
(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 conduct in the practice of nursing that 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.
(c) The board may refuse to admit a person to a licensing examination for a ground described under Subsection (b).
(d) The board by rule shall establish guidelines to ensure that any arrest information, in particular, information on arrests in which criminal action was not proven or charges were not filed or adjudicated, that is received by the board under this section is used consistently, fairly, and only to the extent the underlying conduct relates to the practice of nursing.
(e) The board shall adopt rules to ensure that license denials and disciplinary action under Subsection (b)(10) are based on the application of objective criteria that are clearly and rationally connected to the applicant’s or license holder’s conduct and that any negative outcome resulting from that conduct is determined to affect the person’s ability to effectively practice nursing.
If you are looking for a Texas RN license nurse defense lawyer that has a proven track record in this practice area, contact the Law Firm of Yong J. An 24/7 by calling or texting him at (832) 428-5679 for a confidential consultation. Mr. An has over 10 years’ experience handling Texas BON disciplinary action cases and has helped several dozens of nurses in Texas protect their nursing license.