The Texas Board of Nursing (BON) licenses qualified registered nurses to practice throughout the state of Texas. It is the regulatory agency tasked with enforcing the Texas Nursing Practice Act, conducting investigations of complaints against nurses, and adjudicating complaints.
The Texas BON provides due process to a nurse when a complaint is filed against him or her, giving notice of the investigation and allegations. However, the BON’s primary objective is to ensure the protection of the public. There are certain crimes that if one is convicted of, he or she will be barred from obtaining or maintaining a nursing license in Texas.
When the Texas Board of Nursing (BON) Must Suspend or Revoke a Nurse’s License
Section 301.4535 of the Nursing Practices Act lays forth Required Suspension, Revocation, or Refusal of License for Certain Offenses.
If a person is convicted of, or pleads guilty or nolo contendere for any of the listed offenses in the code, then “the board, as appropriate, may not issue a license to an applicant, shall refuse to renew a license, or shall revoke a license.” Tex. Occ. Code Ann §301.4535(b).
However, the revocation or denial of an initial license to practice nursing may not necessarily be indefinite. A person is not eligible to obtain an initial license or for reinstatement of a license to practice nursing ” before the fifth anniversary of the date the person successfully completed and was dismissed from community supervision or parole” for one of the listed offenses. Tex. Occ. Code Ann §301.4535(c). After five years has passes, the BON may at its discretion or pursuant to other applicable rules issue a nursing license.
The Applicable Criminal Offenses
Upon proof that a nurse or license applicant has been convicted of (or pleaded guilty or nolo contendere) any of the following, the BON “shall suspend a nurse’s license or refuse to issue a license to an applicant[.]”
- murder under Section 19.02, Penal Code, capital murder under Section 19.03, Penal Code, or manslaughter under Section 19.04, Penal Code;
- kidnapping or unlawful restraint under Chapter 20, Penal Code, and the offense was punished as a felony or state jail felony;
- sexual assault under Section 22.011, Penal Code;
- aggravated sexual assault under Section 22.021, Penal Code;
- 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;
- aggravated assault under Section 22.02, Penal Code;
- intentionally, knowingly, or recklessly injuring a child, elderly individual, or disabled individual under Section 22.04, Penal Code;
- intentionally, knowingly, or recklessly abandoning or endangering a child under Section 22.041, Penal Code;
- aiding suicide under Section 22.08, Penal Code, and the offense was punished as a state jail felony;
- an offense involving a violation of certain court orders or conditions of bond under Section 25.07, 25.071, or 25.072, Penal Code, punished as a felony;
- an agreement to abduct a child from custody under Section 25.031, Penal Code;
- the sale or purchase of a child under Section 25.08, Penal Code;
- robbery under Section 29.02, Penal Code;
- aggravated robbery under Section 29.03, Penal Code;
- an offense for which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; 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.
When Your Texas Nursing License is at Risk Because of Criminal Charges
If you have been charged with or convicted of any of the crimes listed in Section 301.4535 of the Nursing Practices Act, it is critical that you know how it will affect your ability to maintain or obtain a nursing license in Texas. Our experienced Nursing License Defense Attorneys have in-depth knowledge of BON procedures and how they typically respond to criminal charges or convictions.
Complaints Filed Against Nurses with the Texas Board of Nursing
You have worked for years to become a licensed nurse in Texas. 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 (512) 717-5432 or click here to contact us.