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Texas Occupations Code - Section 301.452. Grounds For Disciplinary Action

Legal Research Home > Texas Laws > Occupations Code > Texas Occupations Code - Section 301.452. Grounds For Disciplinary Action

§ 301.452. GROUNDS FOR DISCIPLINARY ACTION.  (a) In this 
section, "intemperate use" includes practicing nursing or being on 
duty or on call while under the influence of alcohol or drugs.
	(b)  A person is subject to denial of a license or to 
disciplinary action under this subchapter for:
		(1)  a violation of this chapter, a rule or regulation 
not inconsistent with this chapter, or an order issued under this 
chapter;
		(2)  fraud or deceit in procuring or attempting to 
procure a license to practice professional nursing or vocational 
nursing;
		(3)  a conviction for, or placement on deferred 
adjudication community supervision or deferred disposition for, a 
felony or for a misdemeanor involving moral turpitude;
		(4)  conduct that results in the revocation of 
probation imposed because of conviction for a felony or for a 
misdemeanor involving moral turpitude;
		(5)  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;
		(6)  impersonating or acting as a proxy for another 
person in the licensing examination required under Section 301.253 
or 301.255;
		(7)  directly or indirectly aiding or abetting an 
unlicensed person in connection with the unauthorized practice of 
nursing;
		(8)  revocation, suspension, or denial of, or any other 
action relating to, the person's license or privilege to practice 
nursing in another jurisdiction;
		(9)  intemperate use of alcohol or drugs that the board 
determines endangers or could endanger a patient;
		(10)  unprofessional or dishonorable conduct that, in 
the board's opinion, is likely to deceive, defraud, or injure a 
patient or the public;
		(11)  adjudication of mental incompetency;                                    
		(12)  lack of fitness to practice because of a mental or 
physical health condition that could result in injury to a patient 
or the public;  or
		(13)  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.
	(c)  The board may refuse to admit a person to a licensing 
examination for a ground described under Subsection (b).

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2001, 77th Leg., ch. 1420, § 14.124(a), eff. Sept. 1, 
2001;  Acts 2003, 78th Leg., ch. 553, § 1.045, eff. Sept. 1, 
2003;  Acts 2005, 79th Leg., ch. 1058, § 3, eff. Sept. 1, 2005.

Last modified: August 11, 2007