Texas Occupations Code 301.409 – Duty of Prosecuting Attorney to Report
(a) The attorney representing the state shall cause the clerk of the court of record in which the conviction, adjudication, or finding is entered to prepare and forward to the board a certified true and correct abstract of the court record of the case not later than the 30th day after the date:
(1) a person known to be a nurse who is licensed, otherwise lawfully practicing in this state, or applying to be licensed to practice is convicted of:
(A) a felony;
(B) a misdemeanor involving moral turpitude;
(C) a violation of a state or federal narcotics or controlled substance law; or
(D) an offense involving fraud or abuse under the Medicare or Medicaid program; or
(2) a court finds that a nurse is mentally ill or mentally incompetent.
(b) A prosecuting attorney shall comply with Subsection (a) even if the conviction, adjudication, or finding is entered, withheld, or appealed under the laws of this state.
Terms Used In Texas Occupations Code 301.409
- Conviction: A judgement of guilt against a criminal defendant.
- Fraud: Intentional deception resulting in injury to another.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) The abstract required under Subsection (a) must include:
(1) the name and address of the nurse or applicant;
(2) a description of the nature of the offense committed, if any;
(3) the sentence, if any; and
(4) the judgment of the court.
(d) The board shall prepare the form of the abstract and distribute a copy to each district attorney and county attorney in this state with appropriate instructions for preparation and filing.