Texas Occupations Code 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 § 19.02, Penal Code, capital murder under § 19.03, Penal Code, or manslaughter under § 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 § 22.011, Penal Code;
(4) aggravated sexual assault under § 22.021, Penal Code;
(5) continuous sexual abuse of young child or disabled individual under § 21.02, Penal Code, or indecency with a child under § 21.11, Penal Code;
(6) aggravated assault under § 22.02, Penal Code;
(7) intentionally, knowingly, or recklessly injuring a child, elderly individual, or disabled individual under § 22.04, Penal Code;
(8) intentionally, knowingly, or recklessly abandoning or endangering a child, elderly individual, or disabled individual under § 22.041, Penal Code;
(9) aiding suicide under § 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 § 25.07, 25.071, or 25.072, Penal Code, punished as a felony;
(11) an agreement to abduct a child from custody under § 25.031, Penal Code;
(12) the sale or purchase of a child under § 25.08, Penal Code;
(13) robbery under § 29.02, Penal Code;
(14) aggravated robbery under § 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.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| State jail felony | between 180 days and 2 years | up to $10,000 |
Terms Used In Texas Occupations Code 301.4535
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- 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
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Rule: includes regulation. See Texas Government Code 311.005
(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).