Texas Register, Volume 38, Number 27, Pages 4243-4444, July 5, 2013 Page: 4,325
4243-4444 p. ; 28 cm.View a full description of this periodical.
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Section 301.453(d) states that if the Board suspends, revokes, or
accepts surrender of a license, the Board may impose conditions
for reinstatement that the person must satisfy before the Board
may issue an unrestricted license.
Section 301.4531(a) states that the Board by rule shall adopt a
schedule of the disciplinary sanctions that the Board may impose
under Chapter 301. In adopting the schedule of sanctions, the
Board shall ensure that the severity of the sanction imposed is
appropriate to the type of violation or conduct that is the basis
for disciplinary action.
Section 301.4531(b) states, in determining the appropriate disci-
plinary action, including the amount of any administrative penalty
to assess, the Board shall consider: (i) whether the person is be-
ing disciplined for multiple violations of either Chapter 301 or a
rule or order adopted under Chapter 301 or has previously been
the subject of disciplinary action by the Board and has previously
complied with Board rules and Chapter 301; (ii) the seriousness
of the violation; (iii) the threat to public safety; and (iv) any miti-
gating factors.
Section 301.4531(c) provides that, in the case of a person de-
scribed by 301.4531(b)(1)(A), the Board shall consider taking a
more severe disciplinary action, including revocation of the per-
son's license, than the disciplinary action that would be taken
for a single violation; and in the case of a person described by
301.4531(b)(1)(B), the Board shall consider taking a more se-
vere disciplinary action, including revocation of the person's li-
cense, than the disciplinary action that would be taken for a per-
son who has not previously been the subject of disciplinary ac-
tion by the Board.
Section 301.4535(a) provides that the Board shall suspend a
nurse's license or refuse to issue a license to an applicant on
proof that the nurse or applicant has been initially convicted of:
(i) murder under Section 19.02, Penal Code, capital murder un-
der Section 19.03, Penal Code, or manslaughter under Sec-
tion 19.04, Penal Code; (ii) kidnapping or unlawful restraint un-
der Chapter 20, Penal Code, and the offense was punished as
a felony or state jail felony; (iii) sexual assault under Section
22.011, Penal Code; (iv) aggravated sexual assault under Sec-
tion 22.021, Penal Code; (v) continuous sexual abuse of young
child or children under Section 21.02, Penal Code, or indecency
with a child under Section 21.11, Penal Code; (vi) aggravated as-
sault under Section 22.02, Penal Code; (vii) intentionally, know-
ingly, or recklessly injuring a child, elderly individual, or disabled
individual under Section 22.04, Penal Code; (viii) intentionally,
knowingly, or recklessly abandoning or endangering a child un-
der Section 22.041, Penal Code; (ix) aiding suicide under Sec-
tion 22.08, Penal Code, and the offense was punished as a state
jail felony; (x) an offense under Section 25.07, Penal Code, pun-
ished as a felony; (xi) an offense under Section 25.071, Penal
Code, punished as a felony; (xii) an agreement to abduct a child
from custody under Section 25.031, Penal Code; (xiii) the sale or
purchase of a child under Section 25.08, Penal Code; (xiv) rob-
bery under Section 29.02, Penal Code; (xv) aggravated robbery
under Section 29.03, Penal Code; (xvi) an offense for which a
defendant is required to register as a sex offender under Chap-
ter 62, Code of Criminal Procedure; or (xvii) an offense under
the law of another state, federal law, or the Uniform Code of Mil-
itary Justice that contains elements that are substantially similar
to the elements of an offense listed in this subsection.
Section 301.4535(a-1) states that an applicant or nurse who is
refused an initial license or renewal of a license or whose li-
cense is suspended under 301.4535(a) is not eligible for a pro-bationary, stipulated, or otherwise encumbered license unless
the Board establishes by rule criteria that would permit the is-
suance or renewal of the license.
Section 301.4535(b) states that on final conviction or a plea of
guilty or nolo contendere for an offense listed in 301.4535(a),
the Board, as appropriate, may not issue a license to an appli-
cant, shall refuse to renew a license, or shall revoke a license.
Section 301.4535(c) states that a person is not eligible for an
initial license or for reinstatement or endorsement of a license
to practice nursing in this state before the fifth anniversary of
the date the person successfully completed and was dismissed
from community supervision or parole for an offense described
by 301.4535(a).
213.27. Good Professional Character.
(a) Good professional character is the integrated pattern of per-
sonal, academic and occupational behaviors which, in the judgment of
the Board, indicates that an individual is able to consistently conform
his or her conduct to the requirements of the Nursing Practice Act, the
Board's rules and regulations, and generally accepted standards of nurs-
ing practice including, but not limited to, behaviors indicating honesty,
accountability, trustworthiness, reliability, and integrity.
(b) Factors to be used in evaluating good professional charac-
ter in eligibility and disciplinary matters are:
(1) Good professional character is determined through the
evaluation of behaviors demonstrated by an individual in his or her
personal, academic and occupational history. An individual's age, ed-
ucation, and experience necessarily affect the nature and extent of be-
havioral history and, therefore, shall be considered in each evaluation.
(2) A person who seeks to obtain or retain a license to prac-
tice professional or vocational nursing shall provide evidence of good
professional character which, in the judgment of the Board, is sufficient
to insure that the individual can consistently act in the best interest of
patients/clients and the public in any practice setting. Such evidence
shall establish that the person:
(A) is able to distinguish right from wrong;
(B) is able to think and act rationally;
(C) is able to keep promises and honor obligations;
(D) is accountable for his or her own behavior;
(E) is able to practice nursing in an autonomous role
with patients/clients, their families, significant others, and members
of the public who are or who may become physically, emotionally, or
financially vulnerable;
(F) is able to recognize and honor the interpersonal
boundaries appropriate to any therapeutic relationship or health care
setting; and
(G) is able to promptly and fully self-disclose facts, cir-
cumstances, events, errors, and omissions when such disclosure could
enhance the health status of patients/clients or the public or could pro-
tect patients/clients or the public from unnecessary risk of harm.
(3) Any conviction for a felony or for a misdemeanor in-
volving moral turpitude or order of probation with or without an adju-
dication of guilt for an offense that would be a felony or misdemeanor
involving moral turpitude if guilt were adjudicated.
(4) Any revocation, suspension, or denial of, or any other
adverse action relating to, the person's license or privilege to practice
nursing in another jurisdiction.ADOPTED RULES July 5, 2013 38 TexReg 4325
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Texas. Secretary of State. Texas Register, Volume 38, Number 27, Pages 4243-4444, July 5, 2013, periodical, July 5, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth326801/m1/82/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.