Question description
Answer question 1 and 2 and also post replies to the two discussion post.
1. In Texas, on his annual renewal form, an RN stated that he got a second DWI 9 months ago. What do you tell him will be the most likely decision as to his license? If you are not in the state of Texas (i am in Georgia), how would this license renewal situation be handled?
2. An RN with a current New York license has moved to Texas and has applied for a Texas license. On the application, she wrote that she was convicted of Medicaid fraud ($5,230.00) four years ago and will be off of probation in six months. What do you tell her will be the most likely decision as to a Texas license?
Discussion post1
Discussion # 3
COLLAPSE
In Texas, on his annual renewal form, an RN stated that he got a second DWI 9 months ago. What do you tell him will be the most likely decision as to his license? If you are not in the state of Texas, how would this license renewal situation be handled?
I would tell him that based on Texas law, “driving while intoxicated is a felony based on penal code 49.09” (Disciplinary Guidelines, n.d.). According to Texas “Sec. 301.452, a person is subject to denial of a license or to disciplinary action for a felony conviction.” (Occupations Code, n.d.) I would let him know that the board of nursing would require him to complete the terms of the DWI. Since he has a criminal history he would be subject to disciplinary actions by the board. The board factors in several items when determining what will happen to his license and that the fact that this is his second DWI in nine months and the fact that he has not learned from his mistakes that will be used against him. Since this is his second offence, per Texas law, he could be “fined up to $ 4000.00 and or jail for 30- 265 days” (Texas dwi law, n.d.). If he goes to prison, according to Texas Occupations Code § 53.021(b), “ an individual’s license privilege to practice nursing in Texas will be revoked” (Texas Board of Nursing Rules and Regulations, 2018) . In California where I live, a conviction involving alcohol or controlled substance must be reported to the Board of Registered Nurses. The Board will take disciplinary action, which may include “suspension, revocation, voluntary surrender, probation, or any other restriction” (California Board of Registered Nurses, n.d.).
An RN with a current New York license has moved to Texas and has applied for a Texas license. On the application, she wrote that she was convicted of Medicaid fraud ($5,230.00) four years ago and will be off of probation in six months. What do you tell her will be the most likely decision as to a Texas license?
I would tell her based on what I have read on the Texas Board of Nursing, she will not be getting her Texas license. The Texas Board of Nursing’s mission is to “protect the public’s health, safety, and welfare” (Disciplinary Sanctions, n.d.). The Texas board believes that “fraudulent behavior is a crime of moral turpitude” (Disciplinary Sanctions, n.d.). According to section 213.27 of Texas Administrative Code, fraud, theft and deception lack good professional character” (Disciplinary Sanctions, n.d.).
Discussion post 2
Discussion Board 3
COLLAPSE
In Texas, on his annual renewal form, an RN stated that he got a second DWI 9 months ago. What do you tell him will be the most likely decision as to his license? If you are not in the state of Texas, how would this license renewal situation be handled?
I would tell him that the Texas Board of Nursing takes this process very seriously, and that two DWIs within a year does not look promising for him to get his nursing license renewed. According to the BON patient and public safety is the determining factor for these investigations. As stated by the Texas Board of Nursing, “Arrests or convictions for drug or alcohol related crimes, such as Driving While Intoxicated or Possession of a Controlled Substance, are relevant when determining if a nurse possess current fitness to practice” (2015). Fortunately for him, the BON also states on their website that they believe that the abuse of alcohol and substances are “treatable conditions” (2015). In addition, the BON feels that some who have made poor choices with alcohol may be able to provide patient care safely after they meet certain requirements (BON, 2015).
An RN with a current New York license has moved to Texas and has applied for a Texas license. On the application, she wrote that she was convicted of Medicaid fraud ($5,230.00) four years ago and will be off of probation in six months. What do you tell her will be the most likely decision as to a Texas license?
I would inform her that from what I have read on the Texas Board of Nursing website, she would most likely be denied a Texas license. First, one of the requirements to apply from another state is that in the past four years you have worked in nursing (BON, n.d.). Since Medicaid fraud greater than $1,500 is considered a felony in Texas, I am unsure if she was able to work in nursing in her state. If she has been able to, I would encourage her to fill out the required paperwork and disclose her criminal record. The only way she will have a definite answer is by applying. The BON will conduct a criminal background check. The Texas Board of Nursing website states, “When a nurse has exhibited fraudulent or deceitful conduct in the past, the Board is mindful that similar misconduct may be repeated in the workplace, thereby placing patients at a heightened risk” (2015). The concern for the BON is that nurses are typically dealing with a vulnerable population, and that nurses need to be trustworthy (BON, 2015).
