Failing to Disclose Criminal History to the Board of Nursing

By | April 13, 2016

texas nurse criminal defense

If you’re a nurse reading this blog, your situation probably feels almost like the end of the world. You have worked for years to obtain your nursing license and now you are looking at losing that license that you worked so hard to get.

Here’s an example.

One nurse in West Texas was convicted of issuance of a bad check, failure to appear, public intoxication, and was charged with driving while intoxicated.

Following that, the same nurse submitted an online renewal document to the Texas Board of nursing in which she answered “no” to the question:

“Have you, within the past 24 months or since your last renewal, for any criminal offense, including those pending appeal:

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. Then 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. Incited or charged with any violation of law?
J. Been subject of a court-martial; Article 15 violations; or received any form of military judgment/punishment/ action?”

The nurse in question did not disclose the DWI arrest, the issuance of the bad check, or the failure to appear.

The question on your mind might be: “did she lose her license?” The short answer is “no, but…”

She entered into an agreed order which required her to successfully complete remedial education courses regarding nursing jurisprudence and ethics. She also had to complete the course “Sharpening Critical Thinking Skills.” She also had to pay a $250 fine and comply with certain employment requirements.

Hardest of all was the requirement that she notify each present employer in nursing of the agreed order, and she had to cause her present employer in nursing to submit the Board’s “notification of employment” form to the Texas Board of nursing.

In this unfortunate story, the “good news” is that upon full compliance with the order, the nurse in question would have all encumbrances removed from her license to practice nursing in the state of Texas.

This particular nurse waived representation by counsel.

If you’ve been charged with a criminal offense schedule a free consultation with my office to discuss your case and your rights under Texas Law.