Discipline & Complaints - Policies & Guidelines
Guidelines for Physical and Psychological Evaluations
The Board is authorized under the Occupations Code §301.4521 to require an individual to submit to an evaluation if the Board has probable cause to believe that the individual is unable to practice nursing safely because of a physical or mental impairment or due to chemical dependency or the abuse of drugs or alcohol. The Board may also request that an individual submit to an evaluation under the Occupations Code §301.4521 if an individual's prior criminal history, unprofessional conduct, or lack of good professional character is relevant to the determination of the individual's present fitness to practice nursing.
On July 22, 2010, the Board first adopted Guidelines for Physical and Psychological Evaluations in order to inform licensees, applicants, petitioners, and the public about the Board's requirements and procedures regarding physical and psychological evaluations under the Nursing Practice Act (the Occupations Code Chapter 301), including the criteria for approving evaluators. The Guidelines were amended on July 23, 2015. All evaluators must be approved prior to performing evaluations, and the Board maintains the following lists of approved evaluators:
Evaluators seeking approval to perform evaluations must complete and submit the applicable evaluator approval request form. An evaluator should submit a separate approval request form for each type of evaluation the evaluator wishes to perform. Further, all evaluators must seek renewal of their approval at least every two (2) years.
Disciplinary Sanction Policies
The Board has developed four (4) Disciplinary Sanction Policies pertaining to substance use disorders and other alcohol and drug related conduct; lying and falsification; sexual misconduct; and fraud, theft, and deception. The policies address issues that arise in eligibility and disciplinary matters under Texas Occupations Code §301.452(b) and Rules 213.27, 213.28, and 213.29 and attempt to clarify the Board's reasoning and the application and logic underlying the existing rules.
Disciplinary Guidelines for Criminal Conduct
Adopted Disciplinary Matrix
Alternative Options to Traditional Discipline
In certain situations, a less punitive alternative to traditional discipline may be appropriate. The Board has adopted several, non-traditional disciplinary options that enable an individual to remediate his/her past conduct/practice deficiencies under less restrictive conditions.
Guidelines to Exceptions to Existing Board Orders
Should you have further questions or are in need of clarification, please feel free to contact the Board.