§ 301.4535 — REQUIRED SUSPENSION, REVOCATION, OR REFUSAL OF LICENSE FOR CERTAIN OFFENSES.

Texas § 301.4535

• Jurisdiction: Texas
• Code OC: Occupations Code

Text

Sec. 301.4535. REQUIRED SUSPENSION, REVOCATION, OR REFUSAL OF LICENSE FOR CERTAIN OFFENSES.
(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 disabled individual 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, elderly individual, or disabled individual 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 involving a violation of certain court orders or conditions of bond under Section 25.07 , 25.071 , or 25.072 , Penal Code, punished as a felony;
(11) an agreement to abduct a child from custody under Section 25.031 , Penal Code;
(12) the sale or purchase of a child under Section 25.08 , Penal Code;
(13) robbery under Section 29.02 , Penal Code;
(14) aggravated robbery under Section 29.03 , Penal Code;
(15) an offense for which a defendant is required to register as a sex offender under Chapter 62 , Code of Criminal Procedure; or
(16) 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-1) An applicant or nurse who is refused an initial license or renewal of a license or whose license is suspended under Subsection (a) is not eligible for a probationary, stipulated, or otherwise encumbered license unless the board establishes by rule criteria that would permit the issuance or renewal of the license.
(b) On final conviction or a plea of guilty or nolo contendere for an offense listed in Subsection (a), the board, as appropriate, may not issue a license to an applicant, shall refuse to renew a license, or shall revoke a license.
(c) A person is not eligible for an initial license or for reinstatement or endorsement of a license to practice nursing in this state before the fifth anniversary of the date the person successfully completed and was dismissed from community supervision or parole for an offense described by Subsection (a).

Legislative History

Added by Acts 2005, 79th Leg., Ch. 1058 (H.B. 1366 ), Sec. 4, eff. September 1, 2005. Amended by: Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8 ), Sec. 3.46, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 999 (H.B. 3961 ), Sec. 12, eff. June 19, 2009. Acts 2013, 83rd Leg., R.S., Ch. 96 (S.B. 743 ), Sec. 8, eff. September 1, 2013. Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375 ), Sec. 2.25, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 830 (H.B. 2187 ), Sec. 8, eff. September 1, 2023.