The possibility they may lose their license is one of the greatest professional fears that nurses live with. Complaints to the Texas Board of Nursing sometimes have the unfortunate outcome of revocation of licensure, mainly where violations of relevant code and rules are considered egregious enough. Of course, usually, there is some latitude in the discipline that the Board doles out, allowing it to be lenient where it believes improvement is still possible. But there are certain behaviors a nurse may engage in that actually require the Board to either suspend or revoke a nurse’s license.
Such behaviors tend to be beyond the pale—and, in fact, are overwhelmingly criminal acts. These are enumerated in the Nursing Practices Act, at section 301.4535:
“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: (a)
(1) murder under Section 19.02, Penal Code, capital murder under Section 19.03, Penal Code, or manslaughter under Section 19.04, Penal Code;
(2) kidnapping or unlawful restraint under Chapter 20, Penal Code, and the offense was punished as a felony or state jail felony;
(3) sexual assault under Section 22.011, Penal Code;
(4) aggravated sexual assault under Section 22.021, Penal Code;
(5) 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;
(6) aggravated assault under Section 22.02, Penal Code;
(7) intentionally, knowingly, or recklessly injuring a child, elderly individual, or disabled individual under Section 22.04, Penal Code;
(8) intentionally, knowingly, or recklessly abandoning or endangering a child under Section 22.041, Penal Code;
(9) aiding suicide under Section 22.08, Penal Code, and the offense was punished as a state jail felony;
(10) 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;
(11) an agreement to abduct a child from custody under Section 25.031, Penal Code;
(12) the sale or purchase of a child under Section 25.08, Penal Code;
(13) robbery under Section 29.02, Penal Code;
(14) aggravated robbery under Section 29.03, Penal Code;
(15) an offense for which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; or
(16) 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.”
It is always imperative that an experienced professional license defense attorney be contacted as soon as possible after a nurse receives notice of a complaint or finds they are facing losing their license due to criminal conviction. We offer the best opportunity for navigation of the legal process and mounting a strong defense. BERTOLINO LLP will go the distance, from the very first stage of the process (where we can be effective at forestalling disciplinary proceedings) all the way to the end of any disciplinary proceedings that may occur as a result.
To best serve our clients, we have offices in Austin, Houston, and San Antonio. Contact us today or call (512) 717-5432 and schedule a case evaluation.