Disciplinary Guidelines For Criminal Conduct: RN License Renewal In Texas

Scenario 1: RN with Second DWI in Texas

In this assessment need one initial post and give response on post

In Texas, on his annual renewal form, an RN stated that he got a second DWI 9 months ago. What do you tell him will be the most likely decision as to his license? If you are not in the state of Texas, how would this license renewal situation be handled?

An RN with a current New York license has moved to Texas and has applied for a Texas license. On the application, she wrote that she was convicted of Medicaid fraud ($5,230.00) four years ago and will be off of probation in six months. What do you tell her will be the most likely decision as to a Texas license?

The BON has become stricter over the past several years concerning criminal convictions and a person’s ability to practice as an RN in Texas. Consult the Board’s “Disciplinary Guidelines for Criminal Conduct,” and consider the above scenarios. In each case, suppose you are an investigator with the Board.

Post answers to each of the RNs in the scenarios on the Discussion Board by 23:59, Wednesday of Module 3. Compare your responses to those of your colleagues, and explain your reasons or discuss details such as stipulations with at least two colleagues.

1. For The first scenario, since it is his second offense, in Texas it is still considered a misdemeanor. After reading th the BON  Discipline and Complaints- Policies and Guidelines, the Nurse will more than likely have to go through a physical and psychological evaluation. This is an evaluation they go through to see if nurse is able to provide nursing care in a safe way. I also read that they have to submit this every two years to seek renewal. What I got from the reading is that after nurse undergoes the evaluation and Board finds nurse safe to practice, he can keep his license but will be under monitoring and also will more than likely be drug tested at random.
   
   
2. I read the Disciplinary Guidelines in the BON to try to get my answer to this. From what I got, according to the BON, the nurse, "maybe able to obtain or retain license under an encumbered license, with conditions/restrictions determined by the board." Also, it said on the BON page that nurse will more than likely not be able to practice in home health or independent practice setting for a period of time.

The Texas Board of Nursing “Believes that nurses who have engaged in behaviors involving the intemperate use, misuse, or abuse of alcohol or drugs may also be able to safely provide are to patients under certain conditions” (BON, 2015). In regards to the example where the RN licensed in Texas has received his second DWI 9 months ago, I think he will be required to undergo an evaluation. The BON website states “The board may require an individual to submit to a physical and/or psychological evaluation to determine if the individual is able to safely provide nursing care (2015). The BON goes on to explain that the details specific to each case are reviewed before a decision is rendered. In the most extreme cases the license may be denied, but the nurse has a chance to seek treatment and may return to work once they prove they are sober. They may need to undergo drug and alcohol testing at random to show they are still sober.

According to the Texas Board of Nursing each case will be looked into based on the circumstances regarding the charge. “Depending on the particular circumstances, an individual may be able to obtain or retain license under an encumbered license, with conditions/restrictions determined by the Board, for a specified period of time” (BON, 2015). So as we see, the nurse from NY may be able to obtain a Texas license, but conditions and restrictions may apply. One restriction I noticed is in regards to home health or an individual practice. The BON website states “individuals who have committed acts involving fraud, theft, and deception, will likely be precluded from working in those industries” (2015).  The nurse from NY should be able to retain a license with restrictions, perhaps not permitting her to work in home health.

I will tell them that a DWI (driving while intoxicated) in Texas under the nursing profession is quite cost. I will also inform him that since this is your second offense in a row, t might hamper or delay the process of your license renewal. You might need to retain a DWI attorney who has the desired skills of defending you in the court trail for the license renewal. According to the Board of Nursing (BON) of Texas (2013), you might need to go through the psychological and physical evaluation to evaluate if you are fit enough for procuring nursing care. If you are not in Texas, the conditions might not be so serious that it would escalate to court case in order to retrieve the license. Still I will recommend not to drink and drive not only to secure your license but to secure you own health and life of pedestrians and by-standards (Texas Board of Nursing, 2015).

I will inform her that the as per the disciplinary guidelines of BON, a nurse might able to retain or obtain a license under such circumstances and this is known as encumbered license and the conditions are strictly defined by the board. I will also inform her that as per the Texas Board of Nursing (2015), she might not be eligible for the practice as nurse under independent settings or in settings of home health as specific restrictions might be imposed. On personal note I will suggest him that moving to Texas might not be beneficial for his career as must be of the career opportunities in nursing will be restricted.

References

Texas Board of Nursing. (2013). Discipline & Complaints - Policies & Guidelines. Retrieved November 21st, 2018, from https://www.bon.state.tx.us/discipline_and_complaints_policies_and_guidelines.as

Texas Board of Nursing. (2015, July 23). Behavior Involving Fraud, Theft, and Deception. Retrieved November 21st, 2018, from https://www.bon.texas.gov/faq_peer_review.https://www.bon.state.tx.us/pdfs/disciplinary_sanction_policies_pdfs/Fraud-Theft-Deception.pdf

Texas Board of Nursing. (2015, July 23). Substance Use Disorders and Other Alcohol and Drug Related Conduct. Retrieved November 21st, 2018, from https://www.bon.state.tx.us/pdfs/disciplinary_sanction_policies_pdfs/Substance-Use-Disorders.pdf