In Texas, there are prohibited practices nurses in the state cannot participate in. In some cases, these actions elicit disciplinary action from the Texas Board of Nursing. This means a Texas nurse should be aware of such practices in order to protect oneself.
In Texas, prohibited actions include:
- Fraudulently obtaining a nursing license, diploma or record.
- Selling a nursing license, diploma or renewal license or record.
- Helping another sell or fraudulently obtain a nursing license or diploma.
- Practicing nursing under a fraudulently obtained license.
- Working as a nurse with a fraudulently obtained diploma.
- Practicing nursing with a falsely or unlawfully signed or issued license or diploma.
- Working as a nurse when their has been a license suspension or revocation.
The Use of Nursing Titles
Nurses in Texas are not to use the following titles unless they are practicing under the authority of a registered nurse or they are authorized by the state or by federal law: nurse assistant, nurse aide, nurse technician or any other such title.
Texas Nurses’ Grounds for Disciplinary Action
There are a number of actions for which a Texas Nurse can get disciplined. Most are common sense, such as anyone on duty or practicing as a nurse under the influence of alcohol or drugs
would certainly endanger their patient. A nurse exhibiting conduct that would in any way defraud, deceive, or injure a patient or a member of the public would come under this section as grounds for disciplinary action. This would include having a conviction of a felony, or having a revocation of probation of a conviction of a felony or a misdemeanor involving moral turpitude.
The Texas Board of Nursing will always inspect for any suspected mental incompetency. If the nurse has a mental or a physical health condition that would put a patient or a member of the public at risk, this can result in adjudication that the person has a lack of fitness to practice nursing. The nurse caring for a patient must always care for the patient adequately and must conform to the minimum standards of nursing practice.
An Evaluation of the Physical and the Psychological Condition of a Nurse
If the Texas Board of Nursing has probable cause to believe that the applicant for a nursing license, or a nurse currently practicing, is unable to practice with skill and safety they can require an evaluation. This is a physical and/or psychological evaluation which is done to determine the person’s fitness to practice.
There are four reasons the Board may require an evaluation. These are:
- Evidence of mental impairment
- Proof of physical impairment
- Evidence of chemical dependency
- Proof of abuse of drugs or alcohol
If a nurse or a nursing applicant refuses the evaluation, the Texas Board of Nursing may refuse to issue a license, refuse to renew the license or suspend it. They may also issue an order which would limit the license in some way.
A nurse can learn more of the rules on the Texas Board of Nursing website. He or she should be familiar with all the regulations so they can abide by them. Then the person can have a fulfilling
career in nursing and help people who need it so desperately.
When to Call an Attorney
Texas nurses who have committed prohibited actions will need to contact an attorney. If you need assistance, have questions or would like to schedule a consultation, please contact Chelle Law today.