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TITLE 22EXAMINING BOARDS
PART 11TEXAS BOARD OF NURSING
CHAPTER 213PRACTICE AND PROCEDURE
RULE §213.28Licensure of Persons with Criminal Offenses

(a) This section sets out the considerations and criteria in determining the effect of criminal offenses on the eligibility of a person to obtain a license and the consequences that criminal offenses may have on a person's ability to retain or renew a license as a registered nurse or licensed vocational nurse. The Board may refuse to approve persons to take the licensure examination, may refuse to issue or renew a license or certificate of registration, or may refuse to issue a temporary permit to any individual that has been convicted of or received a deferred disposition for a felony, a misdemeanor involving moral turpitude, or engaged in conduct resulting in the revocation of probation.

(b) The practice of nursing involves clients, their families, significant others and the public in diverse settings. The registered and vocational nurse practices in an autonomous role with individuals who are physically, emotionally and financially vulnerable. The nurse has access to personal information about all aspects of a person's life, resources and relationships. Therefore, criminal behavior whether violent or non-violent, directed against persons, property or public order and decency is considered by the Board as highly relevant to an individual's fitness to practice nursing. The Board considers the following categories of criminal conduct to relate to and affect the practice of nursing:

  (1) offenses against the person similar to those outlined in Title 5 of the Texas Penal Code.

    (A) These offenses include, but are not limited to, the following crimes, as well as any crime that contains substantially similar or equivalent elements under another state or federal law:

      (i) Abandonment/Endangerment of a Child {TPC §22.041}

      (ii) Agree to Abduct Child for Remuneration: Younger than Eighteen {TPC §25.031}

      (iii) Aiding Suicide: Serious Bodily Injury/Death {TPC §22.08}

      (iv) Assault, Aggravated {TPC §22.02}

      (v) Capital Murder {TPC §19.03}

      (vi) Child Pornography, Possession or Promotion {TPC §43.26(a), (e) (Texas Rules of Criminal Procedure Ch. 62)}

      (vii) Indecency with a Child {TPC §21.11 (TRCP Ch. 62)}

      (viii) Indecent exposure (2 or more counts and/or required to register as sex offender) {TPC §21.08 (TRCP Ch. 62)}

      (ix) Injury to Child, Elderly, Disabled {TPC §22.04}

      (x) Kidnapping {TPC §20.03, §20.04 (TRCP Ch. 62)}

      (xi) Manslaughter {TPC §19.04}

      (xii) Murder {TPC §19.02}

      (xiii) Online Solicitation of a Minor {TPC §33.021(b), (c), (f); (TRCP Ch. 62)}

      (xiv) Prostitution, Compelling {TPC §43.05 (TRCP Ch. 62)}

      (xv) Protective Order, Violation {TPC §25.07, §25.071}

      (xvi) Sale or Purchase of a Child {TPC §25.08}

      (xvii) Sexual Assault {TPC §22.011 (TRCP Ch. 62)}

      (xviii) Sexual Conduct, Prohibited {TPC §25.02 (TRCP Ch. 62)}

      (xix) Sexual Assault, Aggravated {TPC §22.021 (TRCP Ch. 62)}

      (xx) Sexual Performance by Child {TPC §43.24 (d), §43.25(b) (TRCP Ch. 62)}

      (xxi) Unlawful Restraint {TPC §0.02}

      (xxii) Assault {TPC §22.01(a)(1), (b), (c)}

      (xxiii) Criminally negligent homicide {TPC §19.05}

      (xxiv) Improper Relationship between Educator and Student {TPC §21.12}

      (xxv) Improper photography {TPC §21.15}

      (xxvi) Obscenity, Wholesale promotion {TPC §43.23(a), (h)}

      (xxvii) Prostitution (3 or more counts) or Aggravated Promotion {TPC §43.02, §43.04}

      (xxviii) Resisting Arrest, Use of Deadly Weapon {TPC §38.03(d)}

      (xxix) Stalking {TPC §42.072(b)}

      (xxx) Harassment {TPC §42.07}

      (xxxi) Prostitution or Promotion of {TPC §43.02}

      (xxxii) Protective Order, Violation {TPC §25.07, §38.112}

      (xxxiii) Resisting Arrest {TPC §38.03(a)}

      (xxxiv) Deadly conduct {TPC §22.05(a)}

      (xxxv) Obscenity, Participates {TPC §43.23(c), (h)}

      (xxxvi) Terroristic Threat {TPC §22.07}

      (xxxvii) Criminal Attempt or Conspiracy {TPC §15.01, §15.02}

    (B) These types of crimes relate to the practice of nursing because:

      (i) nurses have access to persons who are vulnerable by virtue of illness or injury and are frequently in a position to be exploited;

      (ii) nurses have access to persons who are especially vulnerable including the elderly, children, the mentally ill, sedated and anesthetized patients, those whose mental or cognitive ability is compromised and patients who are disabled or immobilized and may be subject to harm by similar criminal behavior;

      (iii) nurses are frequently in situations where they provide intimate care to patients or have contact with partially clothed or fully undressed patients who are vulnerable to exploitation both physically and emotionally;

      (iv) nurses are in the position to have access to privileged information and opportunity to exploit patient vulnerability; and

      (v) nurses who commit these crimes outside the workplace raise concern about the nurse's propensity to repeat that same misconduct in the workplace and raises concerns regarding the individual's ability to provide safe, competent care to patients.

  (2) offenses against property, e.g., robbery, burglary and theft, etc.

    (A) These offenses include, but are not limited to, the following crimes, as well as any crime that contains substantially similar or equivalent elements under another state or federal law:

      (i) Burglary (if punishable under Penal Code §30.02(d)) {TRCP Ch. 62 (§62.001(5)(D))}

      (ii) Robbery {TPC §29.02}

      (iii) Robbery, Aggravated {TPC §29.03}

      (iv) Arson {TPC §28.02(d)}

      (v) Burglary {TPC §30.02}

      (vi) Criminal Mischief {TPC §28.03}

      (vii) Money Laundering >= $1500 {TPC §34.02(e)(1) - (4)}

      (viii) Theft >= $1500 {TPC §31.03(e)(4) - (7)}

      (ix) Theft < 9 {TPC §31.03(e)(1) - (3)}

      (x) Vehicle, Unauthorized Use {TPC §31.07}

      (xi) Criminal Trespass {TPC §30.05(a),(d)}

      (xii) Cruelty to Animals {TPC §42.091}

      (xiii) Criminal Attempt or Conspiracy {TPC §15.01, §15.02}

    (B) These types of crimes relate to the practice of nursing because:

      (i) nurses have access to persons who are vulnerable by virtue of illness or injury and are frequently in a position to be exploited;

      (ii) nurses have access to persons who are especially vulnerable including the elderly, children, the mentally ill, sedated and anesthetized patients, those whose mental or cognitive ability is compromised and patients who are disabled or immobilized and may provide easy opportunity to be victimized;

      (iii) nurses have access to persons who frequently bring valuables (medications, money, jewelry, items of sentimental value, checkbook, or credit cards) with them to a health care facility with no security to prevent theft or exploitation;

      (iv) nurses frequently provide care in private homes and home-like settings where all of the patient's property and valuables are accessible to the nurse;

      (v) nurses frequently provide care autonomously without direct supervision and may have access to and opportunity to misappropriate property; and

      (vi) nurses who commit these crimes outside the workplace raise concern about the nurse's propensity to repeat that same misconduct in the workplace and, therefore, place patients' property at risk.

      (vii) certain crimes involving property, such as cruelty to animals and criminal trespass, may also concern the safety of persons and, as such, raise concerns about the propensity of the nurse to repeat similar conduct in the workplace, placing patients at risk.

  (3) offenses involving fraud or deception.

    (A) These offenses include, but are not limited to, the following crimes, as well as any crime that contains substantially similar or equivalent elements under another state or federal law:

      (i) Attempt, Conspiracy, or Solicitation of Ch. 62 offense {TRCP Ch. 62}

      (ii) Tampering with a Government Record {TPC §37.10}

      (iii) Insurance Fraud: Intent to Defraud {TPC §35.02(a-1), (d)}

      (iv) Insurance Fraud: Claim > $500 {TPC §35.02(c)}

      (v) Insurance Fraud: Claim < 0 {TPC §35.02 (c)(1) - (3)}

      (vi) Medicaid Fraud > $1500 {TPC §35A.02(b)(4) - (7)}

      (vii) Medicaid Fraud < $1500 {TPC §35A.02(b)(2) - (3)}

      (viii) Criminal Attempt or Conspiracy {TPC §15.01, §15.02}

    (B) These types of crime relate to the practice of nursing because:

      (i) nurses have access to persons who are vulnerable by virtue of illness or injury and are frequently in a position to be exploited;

      (ii) nurses have access to persons who are especially vulnerable including the elderly, children, the mentally ill, sedated and anesthetized patients, those whose mental or cognitive ability is compromised and patients who are disabled or immobilized;

      (iii) nurses are in the position to have access to privileged information and opportunity to exploit patient vulnerability;

      (iv) nurses are frequently in situations where they must report patient condition, record objective/subjective information, provide patients with information, and report errors in the nurse's own practice or conduct;

      (v) the nurse-patient relationship is of a dependent nature; and

      (vi) nurses who commit these crimes outside the workplace raise concern about the nurse's propensity to repeat that same misconduct in the workplace and, therefore, place patients at risk.

  (4) offenses involving lying and falsification.

    (A) These offenses include, but are not limited to, the following crimes, as well as any crime that contains substantially similar or equivalent elements under another state or federal law:

      (i) False Report or Statement {TPC §32.32, §42.06}

      (ii) Forgery {TPC §32.21(c), (d), (e)}

      (iii) Tampering with a Governmental Record {TPC §37.10}

    (B) These crimes are related to nursing because:

      (i) nurses have access to persons who are vulnerable by virtue of illness or injury;

      (ii) nurses have access to persons who are especially vulnerable including the elderly, children, the mentally ill, sedated and anesthetized patients, those whose mental or cognitive ability is compromised and patients who are disabled or immobilized;

      (iii) nurses are frequently in situations where they must report patient condition, record objective/subjective information, provide patients with information, and report errors in the nurse's own practice or conduct;

      (iv) honesty, accuracy and integrity are personal traits valued by the nursing profession, and considered imperative for the provision of safe and effective nursing care;

      (v) falsification of documents regarding patient care, incomplete or inaccurate documentation of patient care, failure to provide the care documented, or other acts of deception raise serious concerns whether the nurse will continue such behavior and jeopardize the effectiveness of patient care in the future;

      (vi) falsification of employment applications and failing to answer specific questions that would have affected the decision to employ, certify, or otherwise utilize a nurse raises concerns about a nurse's propensity to lie and whether the nurse possesses the qualities of honesty and integrity;

      (vii) falsification of documents or deception/lying outside of the workplace, including falsification of an application for licensure to the Board, raises concerns about the person's propensity to lie, and the likelihood that such conduct will continue in the practice of nursing; and

      (viii) a crime of lying or falsification raises concerns about the nurse's propensity to engage in similar conduct while practicing nursing and place patients at risk.

  (5) offenses involving the delivery, possession, manufacture, or use of, or dispensing or prescribing a controlled substance, dangerous drug, or mood-altering substance.

    (A) These offenses include, but are not limited to, the following crimes, as well as any crime that contains substantially similar or equivalent elements under another state or federal law:

      (i) Drug Violations under Health and Safety Code Chs. 481, 482, 483; or

Cont'd...

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