Texas Board of Nursing questions and answers latest top score.

Texas Board of Nursing questions and answers latest top score. Nursing Practice Act Sec. 301.452 - correct answer. (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 adequatel Nursing Practice Act Sec. 301.257: Declaratory Order of Lciensure Eligibility - correct answer. (a) A person may petition the board for a declaratory order as to the person's eligibility for a license under this chapter if the person as reason to believe that the person is ineligible for the license and: (1) is enrolled or planning to enroll in an educational program that prepares a person for an initial license as a registered nurse or vocational nurse; or (2) is an applicant for a license. (b) The petition must state the basis for the person's potential ineligibility. (c) The Board has the same powers to investigate the petition and the person's eligibility that it has to investigate a person applying for a license. (d) The petitioner or the Board may amend the petition to include additional grounds for potential ineligibility at any time before a final determination is made. (e)If the Board determines that a ground for ineligibility does not exist, instead of issuing an order, the Board shall notify the petitioner in writing of the Board's determination on each ground of potential ineligibility. If the Board proposes to find that the petitioner is ineligible for a license, the petitioner is entitled to a hearing before the State Office of Administrative Hearings. (f) The Board's order must set out each basis for potential ineligibility and the Board's determination as to eligibility. In the absence of new evidence known to but not disclosed by the petitioner or not reasonably available to the Board at the time the order is issued, the Board's ruling on the petition determines the person's eligibility with respect to the grounds for potential ineligibility set out in the written notice or order. (g) The Board may require an individual accepted for enrollment or enrolled in an educational program preparing a student for initial licensure as a registered nurse or vocational nurse to submit information to th Nursing Practice Act Sec. 301.453. Disciplinary Authority of Board; Methods of Discipline. - correct answer. (a) If the Board determines that a person has committed an act listed in Section 301.452(b), the Board shall enter an order imposing one or more of the following: (1) denial of the person's application for a license, license renewal, or temporary permit; (2) issuance of a written warning; (3) administration of a public reprimand; (4) limitation or restriction of the person's license, including: (A) limiting to or excluding from the person's practice one or more specified activities of nursing; or (B) stipulating periodic board review; (5) suspension of the person's license; (6) revocation of the person's license; or (7) assessment of a fine. (b) In addition to or instead of an action under Subsection (a), the Board, by order, may require the person to: (1) submit to care, counseling, or treatment by a health provider designated by the Board as a condition for the issuance or renewal of a license; (2) participate in a program of education or counseling prescribed by the Board, including a program of remedial education; (3) practice for a specified period under the direction of a registered nurse or vocational nurse designated by the Board; or (4) perform public service the Board considers appropriate. (c) The Board may probate any penalty imposed on a nurse and may accept the voluntary surrender of a license. The Board may not reinstate a surrendered license unless it determines that the person is competent to resume practice. (d) If the Board suspends, revokes, or accepts surrender of a license, the Board may impose conditions for reinstatement that the person must satisfy before the Board may issue an unrestricted license. [Amended by Acts 2009 (H.B. 3961), 81st Leg., eff. June 19, 2009] Nursing Practice Act Sec. 301.4521. Physical and Psychological Evaluation. - correct answer. (a) In this section: (1) "Applicant" means: (A) a petitioner for a declaratory order of eligibility for a license; or (B) an applicant for an initial license or renewal of a license. (2) "Evaluation" means a physical or psychological evaluation conducted to determine a person's fitness to practice nursing. (b) The board may require a nurse or applicant to submit to an evaluation only if the board has probable cause to believe that the nurse or applicant is unable to practice nursing with reasonable skill and safety to patients because of: (1) physical impairment; (2) mental impairment; or (3) chemical dependency or abuse of drugs or alcohol. (c) A demand for an evaluation under Subsection (b) must be in writing and state: (1) the reasons probable cause exists to require the evaluation; and (2) that refusal by the nurse or applicant to submit to the evaluation will result in an administrative hearing to be held to make a final determination of whether probable cause for the evaluation exists. (d) If the nurse or applicant refuses to submit to the evaluation, the board shall schedule a hearing on the issue of probable cause to be conducted by the State Office of Administrative Hearings. The nurse or applicant must be notified of the hearing by personal service or certified mail. The hearing is limited to the issue of whether the board had probable cause to require an evaluation. The nurse or applicant may present testimony and other evidence at the hearing to show why the nurse or applicant should not be required to submit to the evaluation. The board has the burden of proving that probable cause exists. At the conclusion of the hearing, the hearing officer shall enter an order requiring the nurse or applicant to submit to the evaluation or an order rescinding the board's demand for an evaluation. The order may not be Nursing Practice Act Sec. 301.4531. Schedule of Sanctions. - correct answer. (a) The Board by rule shall adopt a schedule of the disciplinary sanctions that the Board may impose under this chapter. In adopting the schedule of sanctions, the Board shall ensure that the severity of the sanction imposed is appropriate to the type of violation or conduct that is the basis for disciplinary action. (b) In determining the appropriate disciplinary action, including the amount of any administrative penalty to assess, the Board shall consider: (1) whether the person: (A) is being disciplined for multiple violations of either this chapter or a rule or order adopted under this chapter; or (B) has previously been the subject of disciplinary action by the Board and has previously complied with board rules and this chapter; (2) the seriousness of the violation; (3) the threat to public safety; and (4) any mitigating factors. (c) In the case of a person described by: (1) Subsection (b)(1)(A), the Board shall consider taking a more severe disciplinary action, including revocation of the person's license, than the disciplinary action that would be taken for a single violation; and (2) Subsection (b)(1)(B), the Board shall consider taking a more severe disciplinary action, including revocation of the person's license, than the disciplinary action that would be taken for a person who has not previously been the subject of disciplinary action by the Board. RETURN to Table of Contents Nursing Practice Act Sec. 301.4535. Required Suspension, Revocation, or Refusal of License for Certain Offenses. - correct answer. (a) 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: (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 under Section 25.07, Penal Code, punished as a felony; (11) an offense under Section 25.071, Penal Code, punished as a felony; (12) an agreement to abduct a child from custody under Section 25.031, Penal Code; (13) the sale or purchase of a child under Section 25.08, Penal Code; (14) robbery under Section 29.02, Penal Code; (15) aggravated robbery under Section 29.03, Penal Code; (16) an offense for which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; or (17) 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. (a Nursing Practice Act Sec. 301.454. Notice and Hearing. - correct answer. (a) Except in the case of a temporary suspension authorized under Section 301.455 or an action taken in accordance with an agreement between the Board and a license holder, the Board may not initiate a disciplinary action relating to a license unless: (1) the Board has served notice to the license holder of the facts or conduct alleged to warrant the intended action; and (2) the license holder has been given an opportunity, in writing or through an informal meeting, to show compliance with all requirements of law for the retention of the license. (b) If an informal meeting is held, a board member, staff member, or board representative who attends the meeting is considered to have participated in the hearing of the case for the purposes of ex parte communications under Section 2001.061, Government Code. (c) A person is entitled to a hearing conducted by the State Office of Administrative Hearings if the Board proposes to: