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Texas Nurses: What Conduct Could Be A Violation of the Nursing Practice Act?

Texas medical license defense attorneyWhen a nurse is found to have violated the Texas Nursing Practice Act the consequences can be severe. The Texas Board of Nursing (BON) investigates and adjudicates complaints against nurses. By law, the BON can take disciplinary action against nurses, including license suspension or revocation.

Conduct That May Be Grounds for Discipline

Conduct that could constitute violations of the Nursing Practice Act may include behaviors that likely expose a patient or other person unnecessarily to the risk of harm, failing to adequately care for a patient, unprofessional conduct by the nurse, or impairment of the nurse's practice due to chemical dependency, alcohol, or mental illness.

A nurse may be subject to disciplinary action for:

  • Conduct that violates the Nursing Practice Act or a BON rule.
  • 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.
  • A conviction for a felony or for a misdemeanor involving moral turpitude (or placement on deferred adjudication community supervision or deferred disposition for a crime involving moral turpitude).
    • "Moral turpitude" is conduct that is considered contrary to our standards of justice or good morals and generally includes crimes that involve fraud, deceit, or deliberate violence.
  • Fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing.
  • 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.
  • 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.
  • Unprofessional or dishonorable conduct that, in the board’s opinion, is likely to deceive, defraud, or injure a patient or the public.
  • Intemperate use of alcohol or drugs that the Board determines endangers or could endanger a patient.
    • “Intemperate use” includes "practicing nursing or being on duty or on call while under the influence of alcohol or drug." 22 Occ. Code Ann §301.452(a).
  • Lack of fitness to practice because of a mental or physical health condition that could result in injury to a patient or the public.

22 Tex. Occ. Code Ann §301.452. Any of the above conduct could be deemed a violation of the Nursing Practice Act and subject to BON disciplinary action. The Board may also refuse to license an applicant nurse for any of the conduct listed above.

When Your Nursing License is at Risk

If you are under investigation by the Texas BON, your license, reputation, and career are on the line. It's critically important that you take the complaint seriously from the start and address the allegations head-on.

For more information, please review The Do's and Don'ts of Appearing Before the Texas Board of Nursing (BON) and our FREE eBook When Your License is Under Attack: A Survival Guide for Texas Professionals.

Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.

If you have received a licensing complaint, BERTOLINO LLP can help. We represent licensed professionals across the entire State of Texas. Our honest, experienced attorneys will fight aggressively on behalf of your license and reputation.

If you have questions or need to speak with an attorney about professional license defense, please call (800) 210-0126 or click here to contact us.

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Attorney Tony R. Bertolino is the Managing Partner with Bertolino LLP. Our law firm has been able to help people across the state of Texas. If you need an experienced lawyer to represent you, contact Bertolino LLP today.

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