VOCATIONAL NURSING APPLICATION PACKET

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NORTHEAST TEXAS COMMUNITY COLLEGE

VOCATIONAL NURSING

APPLICATION PACKET

The Vocational Nursing Program at Northeast Texas Community College is a 12-month course of study designed to prepare its graduates to take the National Council Licensure Examination to become a Licensed Vocational Nurse (LVN).

An LVN functions under the direction of a registered nurse and/or licensed physician to provide care to individuals who are in need of medical diagnostic evaluation and/or experiencing acute or chronic illness. The vocational nursing program is ideal for anyone who wants to be a nurse, but who may have limited resources of either time or money. It is also excellent for those who desire a career in nursing but do not wish to spend two or more years in an educational program. The Vocational Nursing program can serve as good entry-level preparation for a person desiring a career in nursing and who may want to pursue an additional education at a later time. If you complete a Vocational Nursing program you would be able to apply to a Mobility program educating Vocational Nurses to become Registered Professional Nurses at a later time.

There are more applicants than available positions in the Vocational Nursing Program and not all students who apply may be accepted.

Consideration for Acceptance to the Vocational Nursing Program at Northeast is based on the following criteria:

1. You must be admitted to Northeast Texas Community College by submitting an application for admission and a copy of your high school, and college transcript to the Admissions and Records Office. If you are not a high school graduate, but have a GED certification, you must submit both a copy of your high school transcript and a copy of your GED scores.

 Applicants must take a HESI A2 exam and score 70 or over on the composite score. The exam tests reading, vocabulary, writing and language usage as well as mathematical skills. These communication and mathematical abilities are needed for success in nursing education. The HESI also includes Science and learning style inventories. The science component tests anatomy and physiology.

The HESI A2 is available in the testing Center. You must call for an appointment at 903-434-8273. HESI A2 scores from other institutions are accepted if official scores are submitted from the school that administered the exam.

2. Applicants must complete and submit the Applicant Form, Applicant Questionnaire, Application Checklist, Statement of Understanding, and Report of Current Enrollment (if applicable). All are included in this packet. Courses to be considered for admission must be on a submitted college transcript. Courses which are not identical with the catalog listing of courses or equivalent in the common course numbering system require a request for course substitution form be filled out and submitted if utilizing for degree requirements.

3. Applications must be submitted to the Math/Science Faculty Assistant’s Office and the logbook must be signed to record receipt of the application.

4. Applicants will be evaluated on an admission point scale. The rankings will be submitted to the Admissions Committee for considered as a component of the total admission criteria.

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5. Applicants selected will be admitted pending proof of physical and mental health on a physical examination taken within 6 months prior to enrollment in the first nursing course. Immunizations must be current and the Hepatitis B series must be completed by October 1, 2012.

6. Applicants selected will be required by clinical facilities to undergo a random drug screen prior to beginning clinical experiences. Failure to take or pass this drug test will result in being unable to attend clinical and meet the requirements for the course. Some clinical facilities and the Board of Nursing require criminal background checks on nursing students and/or volunteers involved directly with clients in their facilities. To pass the nursing courses involved in this program you must complete clinical at these sites. If you refuse this background check or, as a result of the information gathered in this check you are refused access to a clinical facility, you will fail this program due to inability to meet clinical objectives.

7. Limited numbers of students are accepted to this program due to limited lab and clinical space. The admissions committee will consider and make selections based on a compendium of information available at the time of application. All candidates will be notified in writing regarding admission status. **Not all qualified candidates may be accepted.

8. Some students not selected will be notified that they are alternates. Students on the alternate list may be admitted as space becomes available.

9. Applicants selected will have to obtain CPR certification for health care providers from the American Heart Association. No online certification will be accepted.

10. Admitted candidates will need reliable transportation and access to a reliable computer with internet access.

Other Information:

 Computer proficiency is an expectation of the program. All courses utilize the Blackboard learning management platform. The ability to access the internet several times a day, download large documents including pdf documents, identify and use reputable internet resources, read and write power point documents, cut, copy, and paste word processing documents. All instructors use Microsoft office based programs. In addition the instructors frequently communicate via email and discussion boards. Reliable high speed internet access is expected.

 This program has stringent personal and professional responsibility requirements. Allowed absences are limited. All absences are made up and the semesters end. Students are required to be available through the completion of finals week for documentation and evaluation of class and clinical outcomes.

Information You Should Know About Licensure

Upon completion of the Vocational Nursing Program you will apply for licensure by examination. Individuals with a criminal or psychiatric history should complete the process for a declaratory order. This application packet and the Texas Board of Nursing website http://www.bon.state.tx.us has more information on this topic. This process should begin no later than July 1, 2012 or time for approval by the board of nursing may not allow clinical completion in the fall semester.

http://www.bon.state.tx.us

Financial Aid

A variety of grants, loans, and scholarships are available for Northeast students. For information on each and their particular requirements, the student should contact the Financial Aid Office in the Administration Building on the Northeast campus. If you wish to apply for scholarships in the fall, you must fill out an application by the end of March in the Financial Aid Office.

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Completed applications, application checklist information, and written documents must be returned in the application packet folder to the following address:

Northeast Texas Community College Licensed Vocational Nursing Department ATTN: Nursing Secretary

P.O. Box 1307

Mt. Pleasant, TX 75456-1307

Applications are accepted anytime between January 15 and March 19, 2012. DEADLINE FOR APPLICATIONS FOR THE FALL 2012 CLASS IS 12:00 NOON

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VOCATIONAL NURSING

COURSE OUTLINE

Vocational Nursing is a one-year program that combines classroom instruction with clinical experience. As a vocational nursing student, you will have actual clinical experience in area hospitals and nursing homes, learning firsthand how to meet the physical and emotional needs of patients. A new class begins in August each year. The course of study meets the requirements of the Texas Board of Vocational Nursing.

Cr. Hrs. Prerequisite

HPRS 2220 Pharmacology (Summer) 2

PSYC 2301 General Psychology 3

BIOL 2401 Anatomy & Physiology I 4

9

Fall Semester

VNSG 1502 Applied Nursing Skills 5

VNSG 1304 Foundations of Nursing I 3

VNSG 1432 Medical Surgical Nursing I 4

VNSG 1260 Clinical Med/Surg I 2

BIOL 2402 Anatomy & Physiology II 4

18 Spring Semester VNSG 1330 Maternal/Newborn Nursing 3 VNSG 1162 Clinical – Maternal/Newborn 1 VNSG 1334 Pediatric Nursing 3 VNSG 1163 Clinical – Pediatrics 1 VNSG 1429 Medical Surgical II 4

VNSG 1261 Clinical – Medical Surgical II 3

15

Summer Semester

VNSG 1238 Mental Illness 2

VNSG 1219 Professional Development 2

VNSG 2160 Clinical – Mental Illness 1

VNSG 2360 Clinical – Professional Development 3

--- 6 Grand Total 50

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Name: ________________________________________

Point Calculation for Vocational Nursing

Point Category Student Level/ Grade Points Allotted

HESI A2 Reading Comprehension HESI above 90: 40 points

HESI 86-89: 30 points HESI 80-85: 20 points HESI 70-79: 3 points

HESI A2 Math score

Above 85: 10 points; 81-85 7 points 70-80 : 3 points

HESI A2 Composite

90 and above: 25 points 80-89 : 15 points 75-79- 10 pts 70-74-5 pts

GPA (Required courses) – Up to 20 points. (Include all attempts)

GPA = 3.75 – 4.0: 20 points GPA = 3.5 –3.74: 15 points :GPA = 3.0 – 3.49: 10 points GPA = 2.5 – 2.9 5 points

GPA :Other course work– Up to 10 Points; from the following disciplines:

-Sociology, Mathematics –Spanish -Psychology -Life Science, Physical Science, Chemical Sciences History, -Government, -English, Humanities GPA = 3.5 – 4.0 10 Points GPA = 3.0 – 3.49 5 Points GPA = 2.5 – 2.9 1 points Course Completion: A & P I : 8 pts A&P II : 8 pts General Psychology : 6 pts

Other course work Not in the VN Plan – Up to 10 Points; from the following disciplines

-Sociology, Mathematics –Spanish -Psychology -Life Science, Physical Science, Chemical Sciences History, -Government, -English, Humanities Questionnaire: Holistically scored from 0-10 Residence in Community College District – 2 Points Residence in Service Area 1 point

Health Care Experience 1 -6 points

Previous Applicant 2 point Total out of 147 points

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VOCATIONAL NURSING

PROGRAM ADMISSION APPLICATION FORM

Application for: Fall 2012

Social Security No. ___________________________ Date ________________________ Print Name in Full:

_____________________________________________________________________________

Last Name First Name Middle

Other Legal Names Used (maiden)_____________________________________________________ Work Telephone ________________Home Telephone ______________Mobile______________

Present Address _____________________________________________________________________ Number & Street (Apt, or CR.) City County State Zip

E-Mail Address if Available __________________________________

Did you or will you graduate from high school? YES NO If not graduated, have you completed a GED? YES NO Below, give information concerning college, university or other schools attended:

Name of School City & State Date (From-To) Reason for Leaving

If you have ever attended a school of nursing, R.N., or L.V.N., give the following:

Name of School City & State Date (From-To) Reason for Leaving

Have you ever been employed or volunteered in health care area? YES NO

Please describe where, how long, duties, and contact person_____________________________ ___________________________________________________________________________________ ___________________________________________________________________________________

Have you previously made application to this nursing program? YES (Date _________) NO

I certify that the information given on this application is complete and correct.

Date ________________________ Signature of Applicant _______________________________ It is the policy of Northeast Texas Community College not to discriminate on the basis of gender, race, color, national origin,

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VOCATIONAL NURSING

PROGRAM APPLICATION QUESTIONNAIRE

NAME___________________________________ SOCIAL SECURITY #____________________

Please answer the following questions and return this questionnaire with your program application to the Director of Nursing.

1. Tell me about yourself.

2. Why do you want to be an LVN?

3. If you had the opportunity to start your education all over again, knowing what you know now, what would you do differently?

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5. What are the important ways that you have changed in the last 5 years?

6. What do you see yourself doing in the next 10 years?

7. Describe two (2) things that you have done in your lifetime of which you are most proud.

8. What is there in your overall background that you believe will enable you to succeed in the Vocational Nursing Program?

9. What made you choose to apply to Northeast Texas Community College?

10. How do you handle yourself under stress?

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12. What situations frustrate you and how do you deal with the frustration? Give an example

13. What do you think will be the most difficult adjustments you will have to make in your life in order to attend school? What do you think you will do to make the adjustment?

14. What is the most challenging situation you faced when dealing with another person? How did you deal with it?

15. Is there anything else you would like to tell the admissions committee?

16. Please rank the following statements on the scale below each item:

a. I have difficulty accepting the future is uncertain

1---2---3---4---5

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b. I find it difficult to have no guarantee in life

1---2---3---4---5

Does not apply to me Neutral about me Strongly applies to me

c. I have difficulty accepting negative events that may happen to me

1---2---3---4---5

d. When I am waiting for important news, I have difficulty remaining in the dark

1---2---3---4---5

e. I enjoy dealing with the unpredictable

1---2---3---4---5

f. Not knowing what will happen is unacceptable

1---2---3---4---5

Does not apply to me Neutral about me Strongly applies to me g. I have difficulty tolerating life’s uncertainties

1---2---3---4---5

h. I need to be sure of what I take on

1---2---3---4---5

i. I would rather know everything right away than remain uncertain

1---2---3---4---5

j. I tolerate ambiguity better than others

1---2---3---4---5

Does not apply to me Neutral about me Strongly applies to me k. I don’t tolerate it when I don’t know what will happen next

1---2---3---4---5

l. I look forward to the possibility of something unexpected occurring.

1---2---3---4---5

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Current Enrollment Form Student Name_____________________

If courses are not taken at Northeast Texas Community College, this information needs to be submitted on letterhead paper from the institution of origin with the instructor’s signature.

Course Name Grade at

this point

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Licensure Eligibility Notification Form

Board of Nurse Examiners for the State of Texas

PO Box 430

Austin TX 78767-0430

I hereby verify that I have received, read, and have had the following documents regarding licensure eligibility for registered professional nurses in Texas Explained to me;

1. Sections 301.252, 301.257, 301.452 - 301.469 of the Nursing Practice Act;

2. 22 TAC §§ 213.27- 213.30; 3. Declaratory Order Request.

Student Name (Printed)

Social Security Number

Date of Birth

Signature Date

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VOCATIONAL NURSING

APPLICATION CHECKLIST

NAME _________________________________ SS# ____________________________

Last, First MI

NAMES USED (maiden and others)___________________PHONE #_____________________

ADDRESS _______________________________ PHONE# ( ) __________________ Mailing Address Area Code

_______________________________ ________________________________ City, State Zip Code County of Residence

*Required Documents for Application YES NO brought in seperatly

High School Transcript or GED Certificate College Transcripts

Current Enrollment Form HESI A2 Scores

Application Form

Statement of Understanding Form (keep one) Program Application Questionnaire

Eligibility for licensure form

*NOTE: This form must be completed and submitted with all required documents. All forms must be stapled securely together

IF YOU HAVE A CRIMIMINAL or PSYCHIATRIC HISTORY according to the BON rules attached you should also submit a declaratory order to the BON in Austin at this time or your ability to begin clinical in the fall may be impaired. This process must begin by July 1st to be completed in time for fall admissions._______________ (initials)

 I have completed the application process and all forms indicated above are included in this packet.

_____________________________________ Applicant’s Signature

I have seen the completed application with all forms included.

_____________________________________ College Representative

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Vocational Nursing 2010 Cost Sheet

Anatomy and Physiology I and II tuition/fees 790/1050 In district/ Out of district

A&P text/ lab manual 300

Psychology tuition 207/306 In district/ Out of district

Psychology text 150 Scantrons 7 Physical Exam 100 Immunizations/boosters 50 Hepatitis B series 200 CPR course c 75

Criminal history check 50

Total 1774/3750 In district/ Out of district

Semester 1

Tuition for Nursing courses only 1250/1850 In district/ Out of district

Nursing Fees 300 Drug testing 25 Assessment testing 50 Malpractice Insurance 25 Scantrons 10 Textbooks 1200 Uniforms 100 Lab coat 50 Patches 20 Shoes 75 Stethoscope 60 Goggles 20 Penlight 10 Scissors 15

Watch with second hand 50

Semester 2

Tuition for Nursing courses only 1653/1850

Nursing Fees/ 150

Drug testing 25

Assessment testing 50

Textbooks 500

Scantrons 15

Semester 3

Tuition for Nursing courses only 620/850 In district/ Out of district

Nursing Fees/ 200 Drug testing 25 Assessment testing 50 Textbooks 300 Scantrons 7 BNE licensure 150 Laser Fingerprints 40 Licensing Exam 200

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Applicant information regarding eligibility for licensure

This is for information only. Please follow regulations according to the BON rules.

This does not need to be submitted.

The Board of Nurse Examiners has identified certain circumstances that may render a potential candidate ineligible for licensure as a registered nurse in the State of Texas. The Board provides individuals the opportunity to petition the Board for a Declaratory Order as to their eligibility in accordance with Article 301.257 of the Nursing Practice Act.

If you are required to answer “YES” to any of the following questions, you must request a Declaratory Order Petition from the Texas Board of Nursing and return it to the Board’s office. Processing your Petition may take 6 to 12 months, or longer, after you provide all required documentation and depending on your circumstance. Once all requested documents have been received, you will be notified that the Petition has been transferred to the Enforcement Department for review. Failure to complete this step may delay licensure for several months at the completion of the program. This process should be done prior to entering nursing school.

1) [ ] No [ ] Yes For any criminal offense, including those pending appeal, have you: A. been convicted of a misdemeanor?

B. been convicted of a felony?

C. pled nolo contendere, no contest, or guilty? D. received deferred adjudication?

E. been placed on community supervision or court-ordered probation, whether or not adjudicated guilty? F. been sentenced to serve jail or prison time? court-ordered confinement?

G. been granted pre-trial diversion?

H. been arrested or have any pending criminal charges? I. been cited or charged with any violation of the law?

J. been subject of a court-martial; Article 15 violation; or received any form of military judgment/ punishment/action?

(You may only exclude Class C misdemeanor traffic violations.)

NOTE: Expunged and Sealed Offenses: While expunged or sealed offenses, arrests, tickets, or citations need not be disclosed, it is

your responsibility to ensure the offense, arrest, ticket or citation has, in fact, been expunged or sealed. It is recommended that you submit a copy of the Court Order expunging or sealing the record in question to our office with your application. Failure to reveal an offense, arrest, ticket, or citation that is not in fact expunged or sealed, will at a minimum, subject your license to a disciplinary fine. Nondisclosure of relevant offenses raises questions related to truthfulness and character.

NOTE: Orders of Non-Disclosure: Pursuant to Tex. Gov’t Code § 552.142(b), if you have criminal matters that are the subject of an

order of non-disclosure you are not required to reveal those criminal matters on this form. However, a criminal matter that is the subject of an order of non-disclosure may become a character and fitness issue. Pursuant to other sections of the Gov’t Code chapter 411, the Texas Nursing Board is entitled to access criminal history record information that is the subject of an order of non-disclosure. If the Board discovers a criminal matter that is the subject of an order of non-disclosure, even if you properly did not reveal that matter, the Board may require you to provide information about any conduct that raises issues of character.

2) [ ] No [ ] Yes Are you currently the target or subject of a grand jury or governmental agency investigation?

3) [ ] No [ ] Yes Has any licensing authority refused to issue you a license or ever revoked, annulled, cancelled, accepted surrender of, suspended, placed on probation, refused to renew a professional license, certificate or multi-state privilege held by you now or

previously, or ever fined, censured, reprimanded or otherwise disciplined you?

4) [ ] No [ ] Yes Within the past five (5) years have you been addicted to and/or treated for the use of alcohol or any other drug?* 5) [ ] No [ ] Yes Within the past five (5) years have you been diagnosed with, treated, or hospitalized for schizophrenia and/or psychotic disorder, bipolar disorder, paranoid personality disorder, antisocial personality disorder, or borderline personality disorder?

If “YES” indicate the condition: [ ] schizophrenia and/or psychotic disorders, [ ] bipolar disorder, [ ] paranoid personality disorder, [ ] antisocial personality disorder, [ ] borderline personality disorder

If you answered “YES” to any of the questions listed above, attach a letter of explanation that is dated and signed indicating the circumstance(s)

you are reporting to the Board.

* If you are licensed as an LVN in the State of Texas and are currently participating in the Texas Peer Assistance Program for Nurses you may

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Texas Board of Nursing

333 Guadalupe, Ste 3-460, Austin, TX 78701 Phone: 512-305-7400

Declaratory Order Petitions may be downloaded from the following site: http://www.bon.state.tx.us/olv/forms.html

Petition of Declaratory Order Instructions

to take the NCLEX examination for licensure as an RN or LVN.

A petition for Declaratory Order is a formal disclosure to the Board of an outstanding eligibility issue that may prevent an applicant in taking the NCLEX examination upon completion of a nursing program. The Declaratory Order process permits the Board to make decisions regarding a

petitioner's eligibility for licensure prior to entering or completing a nursing program. Complete and return the petition with the following:

1. Attach a $39.00 Cashier's Check, Personal Check, or Money Order made payable to the Texas Board of Nursing. ALL

FEES ARE NON-REFUNDABLE. The Texas Board of Nursing - Operations Department will initially review the completed

application. The Operations Department has limited delegated parameters to approve petitioners in the declaratory process. If the issue is more complex and outside the delegated parameters of the Operations Department, the applicant will be billed an additional $150 review fee. Once we receive this fee, your file will be transferred to the Enforcement Department for review. Once transferred to the Enforcement Department, it may take up to three months to process.

Please note: The fee and petition application expires after one (1) year. If petition packet is not completed within one (1) year, then all fees and forms must be re-submitted.

2. The BON requires a criminal background check. Ten working days after submitting this application and fee, you will need to contact L1-Identity Solution ( www.l1id.com ) and arrange to have your fingerprints scanned. L1 Identity Solutions will complete an electronic submission to the Texas Department of Public Safety for processing and the results are submitted directly to the BON. If you reside outside the State of Texas and are unable to arrange to have the electronic submission completed by L1 Identity Solutions, you must contact the BON and request an FBI fingerprint card which must be completed by the applicant and mailed back to the BON. List your name exactly as it appears on your Picture ID or Driver’s license.

3. Documentation as indicated for your eligibility issue(s). {Please see additional pages for detailed instructions for

what

to submit with the petition form}

4. If currently in a nursing program or recently graduated, please submit at least two (2) letters of recommendation from clinical instructors/faculty members in your nursing program who have actual knowledge of your performance, conduct, and fitness to practice. Only original letters submitted on the program’s letterhead will be accepted.

5. If not enrolled in a nursing program, please submit two (2) letters of reference on official letterhead from employers, health

professionals, professional counselors, support group sponsors, parole or probation officers, or other individuals in positions of authority who are knowledgeable about your rehabilitation efforts.

6. All documentation described in these instructions must be submitted with your petition. Decisions regarding eligibility will

be based upon the documents submitted. Falsification or omission of materials related to this petition will affect your eligibility and authorization to take the NCLEX® Examination. Additional documentation may be requested.

7. Eligibility will not be considered until your petition, the required fee, and all required documentation has been received and

reviewed.

8. Statutes and Rules governing this petition may be found in the Texas Occupations Code §§ 301.257, 301.452-301.454 (Nursing Practice Act), and in the Board Rules and Regulations relating to Nurse Education, Licensure and Practice, 22 TAC §§ 213.27-.30 and §§ 217.11-.12. These statutes and rules can be located on the BON’s web site

www.bon.state.tx.us.

Time Frames: Please note the eligibility determination may take a minimum of 3 months but could be longer depending on the issue and volume of applications. Individuals are strongly encouraged to petition

the Board for an eligibility determination PRIOR to enrollment in a nursing program.

Incomplete petitions will not be reviewed. To determine your eligibility, you must submit the following information that is relevant to your circumstance.

DISCLOSURE OF CRIMINAL HISTORY OR DISCIPLINARY ACTIONS

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QUESTION #2. The Board has determined that criminal behavior is highly relevant to an individual’s fitness to practice

nursing.

Therefore, all criminal convictions or deferred orders, prosecution, or adjudication (a determination by a court that is withheld or delayed for a specific time period) must be reported to the Board. This includes offenses under the law of another state, federal law, or the Uniform Code of Military Justice that contains elements of criminal conduct. SUBMIT a personal letter of explanation describing each incident, the behavior that led up to the criminal order and your conduct since the order, and any rehabilitative efforts that have been performed since the order. In addition, SUBMIT the following documentation for all felonies and for all misdemeanors:

Certified copies of:

1. charges (indictment, information, or complaint);

2. disposition of charges (Judgment, Order of Probation, Sentence, and/or Deferred orders); and 3. evidence that the conditions of the court have been met.

(To obtain this documentation, contact the county clerk in the jurisdiction where the order was issued for misdemeanors; district court clerk for felonies.)

You may answer “NO” to the question of prior convictions only if you: (a) received a pardon; or (b) were adjudicated as a minor without a finding of “delinquent conduct”. If you were ever required to register as a sex offender, you must answer “YES”. If you have questions regarding the outcome of any criminal matter, consult your attorney.

QUESTION #3. The Nursing Practice Act provides that a person’s conduct in violation of the Nursing Practice Act or rules

of the board may be considered as a factor in its deliberations regarding fitness to practice nursing. Therefore, if a licensee or applicant is the subject of a grand jury or governmental agency investigation, the information regarding conduct or behavior giving rise to the investigation may be relevant in determining a violation of the Nurse Practice Act or lead to the admissibility of relevant evidence of such violation. If you are the subject of a grand jury or governmental agency investigation, please SUBMIT the name and address of the investigating entity and an explanation as to the basis of the investigation.

QUESTION #4. The Board has determined that if any licensing authority has taken disciplinary action against a person for

any reason, then those actions are highly relevant to an individual’s current ability to practice nursing in the state of Texas. If any licensing authority has refused to issue a license, revoked, annulled, cancelled, accepted surrender of, suspended, placed on probation, refused to renew a license, certificate, or multi state privilege held by you or previously fined, censured, reprimanded or otherwise disciplined you, SUBMIT the names and address of the licensing authority who has taken action and a letter explaining the background of the action. Additionally, SUBMIT certified copies of

1. formal charges or allegations supporting the licensure action;

2. final disposition of the licensing authority regarding those formal charges or allegations; and 3. evidence that the conditions of the licensing authority’s order or requirements have been met.

QUESTION #5. The practice of professional nursing requires current sobriety and fitness. If you have been addicted to or

treated

for the use of alcohol or any other drug within the last five years, SUBMIT:

1. verification of treatment for substance abuse sent directly to the Board from the treatment center; 2. verification of compliance with aftercare recommendations;

3. evidence of continuing sobriety/abstinence, for example, current support group attendance; and 4. a personal letter of explanation with sobriety date and plan for relapse prevention.

QUESTION #6. The practice of professional nursing requires current fitness. The Board has identified certain disorders

which,

if occurring within the last 5 years, indicate a lack of fitness. The disorders are: schizophrenia and other psychotic disorders, bipolar disorder, paranoid personality disorder, anti-social personality disorder, or borderline personality disorder. If you have been diagnosed, treated or hospitalized for any of the above illnesses within the last 5 years, SUBMIT:

1. A report, on letterhead, from your physician, psychiatrist, psychologist or counselor, sent directly to this office, that includes:

your diagnosis; treatments rendered; including current medications; prognosis; cognitive, affective, and emotional stability and continuing after-care recommendations, including reasonable accommodations needed to safely practice professional nursing, if any; and,

2. Verification of compliance with aftercare recommendations.

Frequently asked questions regarding Petitions for Declaratory Order 1. How long will it take to receive an eligibility decision from the Board?

• The review process can take a minimum of three (3) months or longer depending on the petitioner's

case. Unfortunately, Board staff can not provide a time frame over the telephone to an applicant regardless of the type of case. The Board strongly advises that the applicant petition the Board before enrolling into a nursing program if the applicant has potential eligibility issues.

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2. I am in my last semester of nursing school and I am not allowed to participate in clinicals until I receive an eligibility determination from the Board. How can I speed up the petition process?

• Unfortunately the Board can not "speed up" the eligibility process. Each petitioner’s application is

reviewed on a case-by-case basis. The standard length of time for the Board to receive the FBI criminal background reports is approximately 3-6 months. Petitions are processed in the order that they are received.

3. My criminal history came back with a charge I forgot about. I did not indicate this on my Application for Initial Licensure. Will I automatically be denied because I did not disclose the offense to the Board?

• You will not be approved to take the NCLEX exam without providing the Board with information

concerning the offense. This may result in the Board delaying or denying your eligibility to take the NCLEX exam.

4. Can a person be licensed if they have a misdemeanor or felony crime on their record?

• Each application is evaluated on a case-by-case basis. Eligibility to take the NCLEX cannot be

determined without an applicant providing a Petition for Declaratory Order to the Board with all required documentation. The Texas Board of Nursing considers the nature, severity, the age of the individual when the incident occurred, and other factors when reviewing a case for eligibility. The Board will not make a determination for approval or denial of licensure without evaluating the entire application and supporting documentation.

5. I have a pending criminal charge against me. Do I have to report this to the Board?

• YES. All pending criminal charges and/or disciplinary action must be reported to the Board.

6. Can I work as a Graduate Nurse/Graduate Vocational Nurse (GN/GVN) while the Board is determining my eligibility?

• NO. The Board will not authorize applicants to practice as a GN/GVN or to take the NCLEX exam

until an eligibility decision is rendered. Some applicants may not be eligible to practice as a GN/GVN upon receiving the eligibility determination.

7. What can I do if I am denied?

• Petitioners who receive a proposal to deny eligibility may request a hearing before an Administrative Law Judge at the State Office of Administrative Hearings by filing a written request with the Board. The request must be made within 60 days of the denial date and must be addressed to the Office of General Counsel.

• Petitioners who are denied can re-petition the Board at a later date. To determine when you will be eligible to re-petition the Board, speak to the Enforcement or Legal department for the length of time you must wait before re-petitioning.

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The following pages are selections of the Texas Administrative Code and the Nurse Practice Act. These rules govern the licensure of individuals with character issues or with offenses that may jeopardize licensure. You are encouraged to review these rules and understand the procedures that will be implemented should you have an issue to resolve.

Texas Administrative Code

TITLE 22

EXAMINING BOARDS

PART 11

TEXAS BOARD OF NURSING

CHAPTER 213

PRACTICE AND PROCEDURE

RULE §213.27 Good Professional Character

(a) Good professional character is the integrated pattern of personal, academic and occupational behaviors which, in the judgment of the Board, indicates that an individual is able to consistently conform his or her conduct to the requirements of the Nursing Practice Act, the Board's rules and regulations, and generally accepted standards of nursing practice including, but not limited to, behaviors indicating honesty,

accountability, trustworthiness, reliability, and integrity.

(b) Factors to be used in evaluating good professional character in eligibility and disciplinary matters are: (1) Good professional character is determined through the evaluation of behaviors demonstrated by an individual in his or her personal, academic and occupational history. An individual's age, education, and experience necessarily affect the nature and extent of behavioral history and, therefore, shall be considered in each evaluation.

(2) A person who seeks to obtain or retain a license to practice professional or vocational nursing shall provide evidence of good professional character which, in the judgment of the Board, is sufficient to insure that the individual can consistently act in the best interest of patients/clients and the public in any practice setting. Such evidence shall establish that the person:

(A) is able to distinguish right from wrong; (B) is able to think and act rationally;

(C) is able to keep promises and honor obligations; (D) is accountable for his or her own behavior;

(E) is able to practice nursing in an autonomous role with patients/clients, their families, significant others, and members of the public who are or who may become physically, emotionally, or financially vulnerable; (F) is able to recognize and honor the interpersonal boundaries appropriate to any therapeutic relationship or health care setting; and

(G) is able to promptly and fully self-disclose facts, circumstances, events, errors, and omissions when such disclosure could enhance the health status of patients/clients or the public or could protect patients/clients or the public from unnecessary risk of harm.

(3) Any conviction for a felony or for a misdemeanor involving moral turpitude or order of probation with or without an adjudication of guilt for an offense that would be a felony or misdemeanor involving moral turpitude if guilt were adjudicated.

(4) Any revocation, suspension, or denial of, or any other adverse action relating to, the person's license or privilege to practice nursing in another jurisdiction.

(c) The following provisions shall govern the determination of present good professional character and fitness of a Petitioner, Applicant, or Licensee who has been convicted of a felony in Texas or placed on probation for a felony with or without an adjudication of guilt in Texas, or who has been convicted or placed on probation with or without an adjudication of guilt in another jurisdiction for a crime which would be a felony in Texas. A Petitioner, Applicant, or Licensee may be found lacking in present good professional character and fitness under this rule based on the underlying facts of a felony conviction or deferred adjudication, as well as based on the conviction or probation through deferred adjudication itself.

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(2) In addition to the disciplinary remedies available to the Board pursuant to Tex. Occ. Code Ann.

§301.452(b)(3) and (4), Texas Occupations Code chapter 53, and §213.28, a licensee guilty of a felony under this rule is conclusively deemed to have violated Tex. Occ. Code Ann. §301.452(b)(10) and is subject to appropriate discipline, up to and including revocation.

(d) The following provisions shall govern the determination of present good professional character and fitness of a Petitioner, Applicant, or Licensee who has been licensed to practice nursing in any jurisdiction and has been disciplined, or allowed to voluntarily surrender in lieu of discipline, in that jurisdiction.

(1) A certified copy of the order, judgment of discipline, or order of adverse licensure action from the jurisdiction is prima facie evidence of the matters contained in such order, judgment, or adverse action and is conclusive evidence that the individual in question has committed professional misconduct as alleged in such order of judgment.

(2) An individual disciplined for professional misconduct in the course of practicing nursing in any jurisdiction or an or an individual who resigned in lieu of disciplinary action (disciplined individual) is deemed not to have present good professional character and fitness and is, therefore, ineligible to file an Application for

Endorsement to the Texas Board of Nursing during the period of such discipline imposed by such jurisdiction, and in the case of revocation or surrender in lieu of disciplinary action, until the disciplined individual has filed an application for reinstatement in the disciplining jurisdiction and obtained a final determination on that application.

(3) The only defenses available to a Petitioner, Applicant, or Licensee under section (d) are outlined below and must be proved by clear and convincing evidence:

(A) The procedure followed in the disciplining jurisdiction was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process.

(B) There was such an infirmity of proof establishing the misconduct in the other jurisdiction as to give rise to the clear conviction that the Board, consistent with its duty, should not accept as final the conclusion on the evidence reached in the disciplining jurisdiction.

(C) The deeming of lack of present good professional character and fitness by the Board during the period required under the provisions of section (d) would result in grave injustice.

(D) The misconduct for which the individual was disciplined does not constitute professional misconduct in Texas.

(4) If the Board determines that one or more of the foregoing defenses has been established, it shall render such orders as it deems necessary and appropriate.

(e) An individual who applies for initial licensure, reinstatement, renewal, or endorsement to practice

professional or vocational nursing in Texas after the expiration of the three-year period in subsection (f) of this section, or after the completion of the disciplinary period assessed or ineligibility period imposed by any jurisdiction under subsection (d) of this section shall be required to prove, by a preponderance of the evidence: (1) that the best interest of the public and the profession, as well as the ends of justice, would be served by his or her admission to practice nursing; and

(2) that (s)he is of present good professional character and fitness.

(f) An individual who applies for initial licensure, reinstatement, renewal, or endorsement to practice

professional or vocational nursing in Texas after a negative determination based on a felony conviction, felony probation with or without an adjudication of guilt, or professional misconduct, or voluntary surrender in lieu of disciplinary action and whose application or petition is denied and not appealed is not eligible to file another petition or application for licensure until after the expiration of three years from the date of the Board's order denying the preceding petition for licensure.

(g) The following disciplinary and eligibility sanction policies and guidelines shall be used by the Executive Director, the State Office of Administrative Hearings (SOAH), or the Board in evaluating good professional character in eligibility and disciplinary matters:

(1) Disciplinary Sanctions for Fraud, Theft and Deception approved by the Board and published on February 22, 2008 in the Texas Register (33 TexReg 1646) and available on the Board's website at

http://www.bon.state.tx.us/disciplinaryaction/dsp.html.

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2008 in the Texas Register (33 TexReg 1647) and available on the Board's website at http://www.bon.state.tx.us/disciplinaryaction/dsp.html.

(3) Disciplinary Sanctions for Sexual Misconduct approved by the Board and published on February 22, 2008 in the Texas Register (33 TexReg 1649) and available on the Board's website at

http://www.bon.state.tx.us/disciplinaryaction/dsp.html.

(4) Eligibility and Disciplinary Sanctions for Nurses with Substance Abuse, Misuse, Substance Dependency, or other Substance Use Disorder and published on February 22, 2008 in the Texas Register (33 TexReg 1651) and available on the Board's website at http://www.bon.state.tx.us/disciplinaryaction/dsp.html.

(5) Disciplinary Guidelines for Criminal Conduct approved by the Board and published on March 9, 2007 in the Texas Register (32 TexReg 1409) and available on the Board's website at

http://www.bon.state.tx.us/disciplinaryaction/discp-guide.html.

Texas Administrative Code

TITLE 22

EXAMINING BOARDS

PART 11

TEXAS BOARD OF NURSING

CHAPTER 217

LICENSURE, PEER ASSISTANCE AND PRACTICE

RULE §217.11 Standards of Nursing Practice

The Texas Board of Nursing is responsible for regulating the practice of nursing within the State of Texas for Vocational Nurses, Registered Nurses, and Registered Nurses with advanced practice authorization. The standards of practice establish a minimum acceptable level of nursing practice in any setting for each level of nursing licensure or advanced practice authorization. Failure to meet these standards may result in action against the nurse's license even if no actual patient injury resulted.

(1) Standards Applicable to All Nurses. All vocational nurses, registered nurses and registered nurses with advanced practice authorization shall:

(A) Know and conform to the Texas Nursing Practice Act and the board's rules and regulations as well as all federal, state, or local laws, rules or regulations affecting the nurse's current area of nursing practice;

(B) Implement measures to promote a safe environment for clients and others;

(C) Know the rationale for and the effects of medications and treatments and shall correctly administer the same;

(D) Accurately and completely report and document: (i) the client's status including signs and symptoms; (ii) nursing care rendered;

(iii) physician, dentist or podiatrist orders;

(iv) administration of medications and treatments; (v) client response(s); and

(vi) contacts with other health care team members concerning significant events regarding client's status; (E) Respect the client's right to privacy by protecting confidential information unless required or allowed by law to disclose the information;

(F) Promote and participate in education and counseling to a client(s) and, where applicable, the family/significant other(s) based on health needs;

(G) Obtain instruction and supervision as necessary when implementing nursing procedures or practices; (H) Make a reasonable effort to obtain orientation/training for competency when encountering new equipment and technology or unfamiliar care situations;

(I) Notify the appropriate supervisor when leaving a nursing assignment;

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(K) Comply with mandatory reporting requirements of Texas Occupations Code Chapter 301 (Nursing Practice Act), Subchapter I, which include reporting a nurse:

(i) who violates the Nursing Practice Act or a board rule and contributed to the death or serious injury of a patient;

(ii) whose conduct causes a person to suspect that the nurse's practice is impaired by chemical dependency or drug or alcohol abuse;

(iii) whose actions constitute abuse, exploitation, fraud, or a violation of professional boundaries; or (iv) whose actions indicate that the nurse lacks knowledge, skill, judgment, or conscientiousness to such an extent that the nurse's continued practice of nursing could reasonably be expected to pose a risk of harm to a patient or another person, regardless of whether the conduct consists of a single incident or a pattern of behavior.

(v) except for minor incidents (Texas Occupations Code §§301.401(2), 301.419, 22 TAC §217.16), peer review (Texas Occupations Code §§301.403, 303.007, 22 TAC §217.19), or peer assistance if no practice violation (Texas Occupations Code §301.410) as stated in the Nursing Practice Act and Board rules (22 TAC Chapter 217).

(L) Provide, without discrimination, nursing services regardless of the age, disability, economic status, gender, national origin, race, religion, health problems, or sexual orientation of the client served;

(M) Institute appropriate nursing interventions that might be required to stabilize a client's condition and/or prevent complications;

(N) Clarify any order or treatment regimen that the nurse has reason to believe is inaccurate, non-efficacious or contraindicated by consulting with the appropriate licensed practitioner and notifying the ordering

practitioner when the nurse makes the decision not to administer the medication or treatment;

(O) Implement measures to prevent exposure to infectious pathogens and communicable conditions; (P) Collaborate with the client, members of the health care team and, when appropriate, the client's significant other(s) in the interest of the client's health care;

(Q) Consult with, utilize, and make referrals to appropriate community agencies and health care resources to provide continuity of care;

(R) Be responsible for one's own continuing competence in nursing practice and individual professional growth;

(S) Make assignments to others that take into consideration client safety and that are commensurate with the educational preparation, experience, knowledge, and physical and emotional ability of the person to whom the assignments are made;

(T) Accept only those nursing assignments that take into consideration client safety and that are

commensurate with the nurse's educational preparation, experience, knowledge, and physical and emotional ability;

(U) Supervise nursing care provided by others for whom the nurse is professionally responsible; and (V) Ensure the verification of current Texas licensure or other Compact State licensure privilege and credentials of personnel for whom the nurse is administratively responsible, when acting in the role of nurse administrator.

(2) Standards Specific to Vocational Nurses. The licensed vocational nurse practice is a directed scope of nursing practice under the supervision of a registered nurse, advanced practice registered nurse, physician's assistant, physician, podiatrist, or dentist. Supervision is the process of directing, guiding, and influencing the outcome of an individual's performance of an activity. The licensed vocational nurse shall assist in the

determination of predictable healthcare needs of clients within healthcare settings and:

(A) Shall utilize a systematic approach to provide individualized, goal-directed nursing care by: (i) collecting data and performing focused nursing assessments;

(ii) participating in the planning of nursing care needs for clients;

(iii) participating in the development and modification of the comprehensive nursing care plan for assigned clients;

(iv) implementing appropriate aspects of care within the LVN's scope of practice; and

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client needs;

(B) Shall assign specific tasks, activities and functions to unlicensed personnel commensurate with the educational preparation, experience, knowledge, and physical and emotional ability of the person to whom the assignments are made and shall maintain appropriate supervision of unlicensed personnel.

(C) May perform other acts that require education and training as prescribed by board rules and policies, commensurate with the licensed vocational nurse's experience, continuing education, and demonstrated licensed vocational nurse competencies.

(3) Standards Specific to Registered Nurses. The registered nurse shall assist in the determination of healthcare needs of clients and shall:

(A) Utilize a systematic approach to provide individualized, goal-directed, nursing care by: (i) performing comprehensive nursing assessments regarding the health status of the client; (ii) making nursing diagnoses that serve as the basis for the strategy of care;

(iii) developing a plan of care based on the assessment and nursing diagnosis; (iv) implementing nursing care; and

(v) evaluating the client's responses to nursing interventions;

(B) Delegate tasks to unlicensed personnel in compliance with Chapter 224 of this title, relating to clients with acute conditions or in acute are environments, and Chapter 225 of this title, relating to independent living environments for clients with stable and predictable conditions.

(4) Standards Specific to Registered Nurses with Advanced Practice Authorization. Standards for a specific role and specialty of advanced practice nurse supersede standards for registered nurses where conflict between the standards, if any, exist. In addition to paragraphs (1) and (3) of this subsection, a registered nurse who holds authorization to practice as an advanced practice nurse (APN) shall:

(A) Practice in an advanced nursing practice role and specialty in accordance with authorization granted under Board Rule Chapter 221 of this title (relating to practicing in an APN role; 22 TAC Chapter 221) and standards set out in that chapter.

(B) Prescribe medications in accordance with prescriptive authority granted under Board Rule Chapter 222 of this title (relating to APNs prescribing; 22 TAC Chapter 222) and standards set out in that chapter and in

compliance with state and federal laws and regulations relating to prescription of dangerous drugs and controlled substances.

Texas Administrative Code

TITLE 22

EXAMINING BOARDS

PART 11

TEXAS BOARD OF NURSING

CHAPTER 217

LICENSURE, PEER ASSISTANCE AND PRACTICE

RULE §217.12 Unprofessional Conduct

The unprofessional conduct rules are intended to protect clients and the public from incompetent, unethical, or illegal conduct of licensees. The purpose of these rules is to identify unprofessional or dishonorable behaviors of a nurse which the board believes are likely to deceive, defraud, or injure clients or the public. Actual injury to a client need not be established. These behaviors include but are not limited to:

(1) Unsafe Practice--actions or conduct including, but not limited to:

(A) Carelessly failing, repeatedly failing, or exhibiting an inability to perform vocational, registered, or advanced practice nursing in conformity with the standards of minimum acceptable level of nursing practice set out in Rule 217.11.

(B) Carelessly or repeatedly failing to conform to generally accepted nursing standards in applicable practice settings;

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(D) Delegating or assigning nursing functions or a prescribed health function when the delegation or assignment could reasonably be expected to result in unsafe or ineffective client care;

(E) Accepting the assignment of nursing functions or a prescribed health function when the acceptance of the assignment could be reasonably expected to result in unsafe or ineffective client care;

(F) Failing to supervise the performance of tasks by any individual working pursuant to the nurse's delegation or assignment; or

(G) Failure of a clinical nursing instructor to adequately supervise or to assure adequate supervision of student experiences.

(2) Failure of a chief administrative nurse to follow appropriate and recognized standards and guidelines in providing oversight of the nursing organization and nursing services for which the nurse is administratively responsible.

(3) Failure to practice within a modified scope of practice or with the required accommodations, as specified by the board in granting a coded license or any stipulated agreement with the board.

(4) Careless or repetitive conduct that may endanger a client's life, health, or safety. Actual injury to a client need not be established.

(5) Inability to Practice Safely--demonstration of actual or potential inability to practice nursing with

reasonable skill and safety to clients by reason of illness, use of alcohol, drugs, chemicals, or any other mood-altering substances, or as a result of any mental or physical condition.

(6) Misconduct--actions or conduct that include, but are not limited to:

(A) Falsifying reports, client documentation, agency records or other documents; (B) Failing to cooperate with a lawful investigation conducted by the board;

(C) Causing or permitting physical, emotional or verbal abuse or injury or neglect to the client or the public, or failing to report same to the employer, appropriate legal authority and/or licensing board;

(D) Violating professional boundaries of the nurse/client relationship including but not limited to physical, sexual, emotional or financial exploitation of the client or the client's significant other(s);

(E) Engaging in sexual conduct with a client, touching a client in a sexual manner, requesting or offering sexual favors, or language or behavior suggestive of the same;

(F) Threatening or violent behavior in the workplace;

(G) Misappropriating, in connection with the practice of nursing, anything of value or benefit, including but not limited to, any property, real or personal of the client, employer, or any other person or entity, or failing to take precautions to prevent such misappropriation;

(H) Providing information which was false, deceptive, or misleading in connection with the practice of nursing;

(I) Failing to answer specific questions or providing false or misleading answers that would have affected the decision to license, employ, certify or otherwise utilize a nurse; or

(J) Offering, giving, soliciting, or receiving or agreeing to receive, directly or indirectly, any fee or other consideration to or from a third party for the referral of a client in connection with the performance of professional services.

(7) Failure to repay a guaranteed student loan, as provided in the Texas Education Code §57.491, or pay child support payments as required by the Texas Family Code §232.001, et seq.

(8) Drug Diversion--diversion or attempts to divert drugs or controlled substances.

(9) Dismissal from a board-approved peer assistance program for noncompliance and referral by that program to the BNE.

(10) Other Drug Related--actions or conduct that include, but are not limited to:

(A) Use of any controlled substance or any drug, prescribed or unprescribed, or device or alcoholic beverages while on duty or on call and to the extent that such use may impair the nurse's ability to safely conduct to the public the practice authorized by the nurse's license;

(B) Falsification of or making incorrect, inconsistent, or unintelligible entries in any agency, client, or other record pertaining to drugs or controlled substances;

(C) Failing to follow the policy and procedure in place for the wastage of medications at the facility where the nurse was employed or working at the time of the incident(s);

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(D) A positive drug screen for which there is no lawful prescription; or

(E) Obtaining or attempting to obtain or deliver medication(s) through means of misrepresentation, fraud, forgery, deception and/or subterfuge.

(11) Unlawful Practice--actions or conduct that include, but are not limited to:

(A) Knowingly aiding, assisting, advising, or allowing an unlicensed person to engage in the unlawful practice of vocational, registered or advanced practice nursing;

(B) Violating an order of the board, or carelessly or repetitively violating a state or federal law relating to the practice of vocational, registered or advanced practice nursing, or violating a state or federal narcotics or controlled substance law;

(C) Knowingly aiding, assisting, advising, or allowing a nurse under Board Order to violate the conditions set forth in the Order; or

(D) Failing to report violations of the Nursing Practice Act and/or the Board's rules and regulations. (12) Leaving a nursing assignment, including a supervisory assignment, without notifying the appropriate personnel.

(13) Criminal Conduct--including, but not limited to, conviction or probation, with or without an adjudication of guilt, or receipt of a judicial order involving a crime or criminal behavior or conduct that could affect the practice of nursing.

Texas Administrative Code

TITLE 22

EXAMINING BOARDS

PART 11

TEXAS BOARD OF NURSING

CHAPTER 213

PRACTICE AND PROCEDURE

RULE §213.28 Licensure of Persons with Criminal Offenses

(a) This section sets out the considerations and criteria in determining the effect of criminal offenses on the eligibility of a person to obtain a license and the consequences that criminal offenses may have on a person's ability to retain or renew a license as a registered nurse or licensed vocational nurse. The Board may refuse to approve persons to take the licensure examination, may refuse to issue or renew a license or certificate of registration, or may refuse to issue a temporary permit to any individual that has been convicted of or received a deferred disposition for a felony, a misdemeanor involving moral turpitude, or engaged in conduct resulting in the revocation of probation.

(b) The practice of nursing involves clients, their families, significant others and the public in diverse settings. The registered and vocational nurse practices in an autonomous role with individuals who are physically, emotionally and financially vulnerable. The nurse has access to personal information about all aspects of a person's life, resources and relationships. Therefore, criminal behavior whether violent or non-violent, directed against persons, property or public order and decency is considered by the Board as highly relevant to an individual's fitness to practice nursing. The Board considers the following categories of criminal conduct to relate to and affect the practice of nursing:

(1) offenses against the person similar to those outlined in Title 5 of the Texas Penal Code.

(A) These offenses include, but are not limited to, the following crimes, as well as any crime that contains substantially similar or equivalent elements under another state or federal law:

(i) Abandonment/Endangerment of a Child {TPC §22.041}

(ii) Agree to Abduct Child for Remuneration: Younger than Eighteen {TPC §25.031} (iii) Aiding Suicide: Serious Bodily Injury/Death {TPC §22.08}

(iv) Assault, Aggravated {TPC §22.02} (v) Capital Murder {TPC §19.03}

(vi) Child Pornography, Possession or Promotion {TPC §43.26(a), (e) (Texas Rules of Criminal Procedure Ch. 62)}

(vii) Indecency with a Child {TPC §21.11 (TRCP Ch. 62)}

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Ch. 62)}

(ix) Injury to Child, Elderly, Disabled {TPC §22.04} (x) Kidnapping {TPC §20.03, §20.04 (TRCP Ch. 62)} (xi) Manslaughter {TPC §19.04}

(xii) Murder {TPC §19.02}

(xiii) Online Solicitation of a Minor {TPC §33.021(b), (c), (f); (TRCP Ch. 62)} (xiv) Prostitution, Compelling {TPC §43.05 (TRCP Ch. 62)}

(xv) Protective Order, Violation {TPC §25.07, §25.071} (xvi) Sale or Purchase of a Child {TPC §25.08}

(xvii) Sexual Assault {TPC §22.011 (TRCP Ch. 62)}

(xviii) Sexual Conduct, Prohibited {TPC §25.02 (TRCP Ch. 62)} (xix) Sexual Assault, Aggravated {TPC §22.021 (TRCP Ch. 62)}

(xx) Sexual Performance by Child {TPC §43.24 (d), §43.25(b) (TRCP Ch. 62)} (xxi) Unlawful Restraint {TPC §0.02}

(xxii) Assault {TPC §22.01(a)(1), (b), (c)}

(xxiii) Criminally negligent homicide {TPC §19.05}

(xxiv) Improper Relationship between Educator and Student {TPC §21.12} (xxv) Improper photography {TPC §21.15}

(xxvi) Obscenity, Wholesale promotion {TPC §43.23(a), (h)}

(xxvii) Prostitution (3 or more counts) or Aggravated Promotion {TPC §43.02, §43.04} (xxviii) Resisting Arrest, Use of Deadly Weapon {TPC §38.03(d)}

(xxix) Stalking {TPC §42.072(b)} (xxx) Harassment {TPC §42.07}

(xxxi) Prostitution or Promotion of {TPC §43.02}

(xxxii) Protective Order, Violation {TPC §25.07, §38.112} (xxxiii) Resisting Arrest {TPC §38.03(a)}

(xxxiv) Deadly conduct {TPC §22.05(a)}

(xxxv) Obscenity, Participates {TPC §43.23(c), (h)} (xxxvi) Terroristic Threat {TPC §22.07}

(xxxvii) Criminal Attempt or Conspiracy {TPC §15.01, §15.02} (B) These types of crimes relate to the practice of nursing because:

(i) nurses have access to persons who are vulnerable by virtue of illness or injury and are frequently in a position to be exploited;

(ii) nurses have access to persons who are especially vulnerable including the elderly, children, the mentally ill, sedated and anesthetized patients, those whose mental or cognitive ability is compromised and patients who are disabled or immobilized and may be subject to harm by similar criminal behavior;

(iii) nurses are frequently in situations where they provide intimate care to patients or have contact with partially clothed or fully undressed patients who are vulnerable to exploitation both physically and emotionally; (iv) nurses are in the position to have access to privileged information and opportunity to exploit patient vulnerability; and

(v) nurses who commit these crimes outside the workplace raise concern about the nurse's propensity to repeat that same misconduct in the workplace and raises concerns regarding the individual's ability to provide safe, competent care to patients.

(2) offenses against property, e.g., robbery, burglary and theft, etc.

(A) These offenses include, but are not limited to, the following crimes, as well as any crime that contains substantially similar or equivalent elements under another state or federal law:

(i) Burglary (if punishable under Penal Code §30.02(d)) {TRCP Ch. 62 (§62.001(5)(D))} (ii) Robbery {TPC §29.02}

(iii) Robbery, Aggravated {TPC §29.03} (iv) Arson {TPC §28.02(d)}