TEXAS NURSING JURISPRUDENCE
LEGAL REVIEW 2026 QUESTIONS WITH
SOLUTIONS TESTED QUESTIONS.
⫸ Elements of a Nursing Malpractice Lawsuit. Answer- Duty - the
existence of a duty, owed by the nurse to a patient, to conform to a
recognized standard of care
Breach - a failure to conform to the required standard of care
Harm - an actual injury
Cause - there must be proof that the injury was caused by the nurse's
act or omission
⫸ Intentional Tort: Assault. Answer- Intentionally placing another in
apprehension or fear that they will suffer harmful or offensive contact.
⫸ Intentional Tort: Battery. Answer- Intentional contact that is
harmful or offensive, or creating the apprehension that such contact is
imminent.
⫸ Intentional Tort: False Imprisonment. Answer- Willful detention
without consent and without authority of law.
⫸ Quasi-Intentional Tort: Defamation. Answer- A communication
that tends to hold the plaintiff up to hatred, contempt or ridicule, or to
cause him to be shunned or avoided.
Tarnishing the reputation of someone.
,⫸ Quasi-Intentional Tort: Defamation Types. Answer- Types:
Libel - printed or broadcast
Slander - spoken
⫸ Nurse Practice Act. Answer- The practice of nursing is a right
granted by a state to protect those who need nursing care. The
guidelines of the NPA and its rules provide safe parameters within
which to work, as well as protect patients from unprofessional and
unsafe nursing practice. The act is a dynamic document that evolves
and is updated or amended as changes in scope of practice occur.
All states and territories have enacted a NPA
Generally, NPAs include:
Authority, power and composition of a board of nursing
Education program standards
Standards and scope of nursing practice
Types of titles and licenses
Requirements for licensure
Grounds for disciplinary action, other violations and possible
remedies
⫸ Rules & Regulations. Answer- The NPA itself is insufficient to
provide the necessary guidance for the nursing profession, therefore,
each NPA establishes a board of nursing (BON) that has the authority
to develop administrative rules or regulations to clarify or make the
law more specific. Rules and regulations must be consistent with the
NPA and cannot go beyond it. These rules and regulations undergo a
process of public review before enactment. Once enacted, rules and
regulations have the full force and effect of law.
, ⫸ IT IS A NURSE'S RESPONSIBILITY TO KNOW NPA/RULES
AND REGULATIONS. Answer- As a nurse in Texas, you have a
responsibility to know and follow the Nursing Practice Act and all
applicable BON Rules and Regulations relating to your nursing
practice. All current BON Rules and
Regulations and the Nursing Practice Act can be downloaded from
the BON's web site at
www.bon.texas.gov
⫸ Standards of Nursing Practice. Answer- Standards Applicable to
All Nurses. All vocational nurses, registered nurses and registered
nurses with advanced practice authorization shall:
(A) Know and conform to the Texas Nursing Practice Act and the
board's rules and regulations as well as all federal, state, or local laws,
rules or regulations affecting the nurse's current area of nursing
practice.
The standards of practice establish a minimum acceptable level of
nursing practice in any setting for each level of nursing licensure or
advanced practice authorization. Failure to meet these standards may
result in action against the
nurse's license even if no actual patient injury resulted.
⫸ Laws & Regulations Regarding Nursing. Answer- - Texas Nurse
Practice Act (NPA)
- Texas Board of Nursing (BON) Rules & Regulations
- BON Position Statements
LEGAL REVIEW 2026 QUESTIONS WITH
SOLUTIONS TESTED QUESTIONS.
⫸ Elements of a Nursing Malpractice Lawsuit. Answer- Duty - the
existence of a duty, owed by the nurse to a patient, to conform to a
recognized standard of care
Breach - a failure to conform to the required standard of care
Harm - an actual injury
Cause - there must be proof that the injury was caused by the nurse's
act or omission
⫸ Intentional Tort: Assault. Answer- Intentionally placing another in
apprehension or fear that they will suffer harmful or offensive contact.
⫸ Intentional Tort: Battery. Answer- Intentional contact that is
harmful or offensive, or creating the apprehension that such contact is
imminent.
⫸ Intentional Tort: False Imprisonment. Answer- Willful detention
without consent and without authority of law.
⫸ Quasi-Intentional Tort: Defamation. Answer- A communication
that tends to hold the plaintiff up to hatred, contempt or ridicule, or to
cause him to be shunned or avoided.
Tarnishing the reputation of someone.
,⫸ Quasi-Intentional Tort: Defamation Types. Answer- Types:
Libel - printed or broadcast
Slander - spoken
⫸ Nurse Practice Act. Answer- The practice of nursing is a right
granted by a state to protect those who need nursing care. The
guidelines of the NPA and its rules provide safe parameters within
which to work, as well as protect patients from unprofessional and
unsafe nursing practice. The act is a dynamic document that evolves
and is updated or amended as changes in scope of practice occur.
All states and territories have enacted a NPA
Generally, NPAs include:
Authority, power and composition of a board of nursing
Education program standards
Standards and scope of nursing practice
Types of titles and licenses
Requirements for licensure
Grounds for disciplinary action, other violations and possible
remedies
⫸ Rules & Regulations. Answer- The NPA itself is insufficient to
provide the necessary guidance for the nursing profession, therefore,
each NPA establishes a board of nursing (BON) that has the authority
to develop administrative rules or regulations to clarify or make the
law more specific. Rules and regulations must be consistent with the
NPA and cannot go beyond it. These rules and regulations undergo a
process of public review before enactment. Once enacted, rules and
regulations have the full force and effect of law.
, ⫸ IT IS A NURSE'S RESPONSIBILITY TO KNOW NPA/RULES
AND REGULATIONS. Answer- As a nurse in Texas, you have a
responsibility to know and follow the Nursing Practice Act and all
applicable BON Rules and Regulations relating to your nursing
practice. All current BON Rules and
Regulations and the Nursing Practice Act can be downloaded from
the BON's web site at
www.bon.texas.gov
⫸ Standards of Nursing Practice. Answer- Standards Applicable to
All Nurses. All vocational nurses, registered nurses and registered
nurses with advanced practice authorization shall:
(A) Know and conform to the Texas Nursing Practice Act and the
board's rules and regulations as well as all federal, state, or local laws,
rules or regulations affecting the nurse's current area of nursing
practice.
The standards of practice establish a minimum acceptable level of
nursing practice in any setting for each level of nursing licensure or
advanced practice authorization. Failure to meet these standards may
result in action against the
nurse's license even if no actual patient injury resulted.
⫸ Laws & Regulations Regarding Nursing. Answer- - Texas Nurse
Practice Act (NPA)
- Texas Board of Nursing (BON) Rules & Regulations
- BON Position Statements