TX NJE - Texas Nursing Jurisprudence Grounds for Disciplinary Action Questions and Answers — Questions and Answers
Question 1: A nurse is arrested for a Class A misdemeanor for theft, a crime involving moral turpitude. The nurse is placed on deferred adjudication. According to the Texas Nursing Practice Act, what is the Texas Board of Nursing (BON) empowered to do?
- Take no action until a final conviction occurs.
- Issue a private, non-public warning to the nurse.
- Deny licensure or take disciplinary action against the nurse's license. (Correct answer)
- Require the nurse to pay a fine, but take no action against the license.
Correct answer: Deny licensure or take disciplinary action against the nurse's license.
The Texas Occupations Code Sec. 301.452(b)(3) explicitly states that a person is subject to denial of a license or to disciplinary action for a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude. Therefore, the BON has the authority to act based on the deferred adjudication status, without waiting for a final conviction.
Question 2: A nurse knowingly allows a medical assistant, who is unlicensed for nursing practice, to perform a sterile wound dressing change on a patient. This action constitutes grounds for disciplinary action under which specific provision of the BON rules?
- Failure to promote a safe environment for clients.
- Impersonating another person in the licensing examination.
- Aiding and abetting an unlicensed person in the unauthorized practice of nursing. (Correct answer)
- Failure to respect the client's right to privacy.
Correct answer: Aiding and abetting an unlicensed person in the unauthorized practice of nursing.
Texas Occupations Code Sec. 301.452(b)(7) lists 'directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized practice of nursing' as grounds for disciplinary action. Performing a sterile dressing change is a nursing task that requires licensure. Rule 217.12 also defines knowingly aiding or allowing an unlicensed person to engage in the unlawful practice of nursing as Unprofessional Conduct.
Question 3: Which of the following actions is explicitly defined as 'Unprofessional Conduct' under Texas Administrative Code, Rule 217.12 and could subject a nurse to disciplinary action?
- Having a personal conflict with a coworker.
- Refusing to work a voluntary overtime shift.
- Failing to repay a student loan on time.
- Falsifying entries in a client's medical record. (Correct answer)
Correct answer: Falsifying entries in a client's medical record.
According to 22 Tex. Admin. Code § 217.12, unprofessional conduct includes falsifying reports, client documentation, agency records, or other documents. This is considered a serious breach of professional standards aimed at protecting the public from unethical and illegal acts. The other options, while potentially problematic in an employment context, are not specifically listed as unprofessional conduct by the BON.
Question 4: A nurse arrives for their shift appearing intoxicated and with slurred speech. The charge nurse removes the nurse from patient care duties. According to the Nursing Practice Act, this nurse's behavior is grounds for disciplinary action due to:
- Lack of fitness to practice due to a physical health condition.
- Intemperate use of alcohol or drugs that could endanger a patient. (Correct answer)
- Failure to complete continuing education requirements.
- Violation of hospital policy regarding employee conduct.
Correct answer: Intemperate use of alcohol or drugs that could endanger a patient.
The Texas Occupations Code §301.452(b)(9) specifies that 'intemperate use of alcohol or drugs that the board determines endangers or could endanger a patient' is grounds for disciplinary action. The definition of 'intemperate use' includes being on duty or on call while under the influence.
Question 5: A nurse's license in another Nurse Licensure Compact (NLC) state is suspended due to a finding of patient neglect. What impact does this have on the nurse's privilege to practice in Texas?
- The nurse can continue to practice in Texas without restriction.
- The nurse must apply for a new, single-state Texas license.
- The nurse's privilege to practice in Texas is also subject to disciplinary action. (Correct answer)
- The nurse is only required to notify the Texas BON within 90 days.
Correct answer: The nurse's privilege to practice in Texas is also subject to disciplinary action.
Under the Nursing Practice Act, specifically Texas Occupations Code Sec. 301.452(b)(8), disciplinary action can be taken against a nurse for 'revocation, suspension, or denial of, or any other action relating to, the person's license or privilege to practice nursing in another jurisdiction.' As a member of the NLC, Texas will honor and act upon the disciplinary actions of other compact states.
Question 6: A nurse fails to document the administration of a narcotic medication, and later cannot account for the missing dose. This could be grounds for disciplinary action primarily because it violates which standard of nursing practice?
- Failure to promote and participate in patient education.
- Inaccurate or incomplete reporting and documentation. (Correct answer)
- Failure to obtain supervision when implementing new procedures.
- Failure to maintain professional boundaries with a client.
Correct answer: Inaccurate or incomplete reporting and documentation.
Texas Administrative Code Rule 217.11(1)(D) requires nurses to accurately and completely report and document the administration of medications and treatments. Furthermore, Rule 217.12(10)(B) specifically lists 'Falsification of or making incorrect, inconsistent, or unintelligible entries in any agency, client, or other record pertaining to drugs or controlled substances' as unprofessional conduct.
TX NJE - Texas Nursing Jurisprudence Grounds for Disciplinary Action Questions and Answers
A nurse is arrested for a Class A misdemeanor for theft, a crime involving moral turpitude.
The nurse is placed on deferred adjudication.
According to the Texas Nursing Practice Act, what is the Texas Board of Nursing (BON) empowered to do?