TEXAS BOARD OF NURSING REVIEW BANK
2026 TRUSTED ANSWERS GRADED A+
◍ Nursing Practice Act Sec. 301.257: Declaratory Order of
Lciensure Eligibility. Ans: (a) A person may petition the board for a
declaratory order as to the person's eligibility for a license under this
chapter if the person as reason to believe that the person is ineligible
for the license and:
(1) is enrolled or planning to enroll in an educational program that
prepares a person for an initial license as a registered nurse or
vocational nurse; or
(2) is an applicant for a license.
(b) The petition must state the basis for the person's potential
ineligibility.
(c) The Board has the same powers to investigate the petition and the
person's eligibility that it has to investigate a person applying for a
license.
(d) The petitioner or the Board may amend the petition to include
additional grounds for potential ineligibility at any time before a final
determination is made.
(e)If the Board determines that a ground for ineligibility does not
exist, instead of issuing an order, the Board shall notify the petitioner
,in writing of the Board's determination on each ground of potential
ineligibility. If the Board proposes to find that the petitioner is
ineligible for a license, the petitioner is entitled to a hearing before the
State Office of Administrative Hearings.
(f) The Board's order must set out each basis for potential ineligibility
and the Board's determination as to eligibility. In the absence of new
evidence known to but not disclosed by the petitioner or not
reasonably available to the Board at the time the order is issued, the
Board's ruling on the petition determines the person's eligibility with
respect to the grounds for potential ineligibility set out in the written
notice or order.
(g) The Board may require an individual accepted for enrollment or
enrolled in an educational program preparing a student for initial
licensure as a registered nurse or vocational nurse to submit
information to th
◍ Nursing Practice Act Sec. 301.453. Disciplinary Authority of
Board; Methods of Discipline.. Ans: (a) If the Board determines that a
person has committed an act listed in Section 301.452(b), the Board
shall enter an order imposing one or more of the following:
(1) denial of the person's application for a license, license renewal, or
temporary permit;
(2) issuance of a written warning;
(3) administration of a public reprimand;
(4) limitation or restriction of the person's license, including:
, (A) limiting to or excluding from the person's practice one or more
specified activities of nursing; or
(B) stipulating periodic board review;
(5) suspension of the person's license;
(6) revocation of the person's license; or
(7) assessment of a fine.
(b) In addition to or instead of an action under Subsection (a), the
Board, by order, may require the person to:
(1) submit to care, counseling, or treatment by a health provider
designated by the Board as a condition for the issuance or renewal of
a license;
(2) participate in a program of education or counseling prescribed by
the Board, including a program of remedial education;
(3) practice for a specified period under the direction of a registered
nurse or vocational nurse designated by the Board; or
(4) perform public service the Board considers appropriate.
(c) The Board may probate any penalty imposed on a nurse and may
accept the voluntary surrender of a license. The Board may not
reinstate a surrendered license unless it determines that the person is
competent to resume practice.
(d) If the Board suspends, revokes, or accepts surrender of a license,
the Board may impose conditions for reinstatement that the person
must satisfy before the Board may issue an unrestricted license.
[Amended by Acts 2009 (H.B. 3961), 81st Leg., eff. June 19, 2009]
2026 TRUSTED ANSWERS GRADED A+
◍ Nursing Practice Act Sec. 301.257: Declaratory Order of
Lciensure Eligibility. Ans: (a) A person may petition the board for a
declaratory order as to the person's eligibility for a license under this
chapter if the person as reason to believe that the person is ineligible
for the license and:
(1) is enrolled or planning to enroll in an educational program that
prepares a person for an initial license as a registered nurse or
vocational nurse; or
(2) is an applicant for a license.
(b) The petition must state the basis for the person's potential
ineligibility.
(c) The Board has the same powers to investigate the petition and the
person's eligibility that it has to investigate a person applying for a
license.
(d) The petitioner or the Board may amend the petition to include
additional grounds for potential ineligibility at any time before a final
determination is made.
(e)If the Board determines that a ground for ineligibility does not
exist, instead of issuing an order, the Board shall notify the petitioner
,in writing of the Board's determination on each ground of potential
ineligibility. If the Board proposes to find that the petitioner is
ineligible for a license, the petitioner is entitled to a hearing before the
State Office of Administrative Hearings.
(f) The Board's order must set out each basis for potential ineligibility
and the Board's determination as to eligibility. In the absence of new
evidence known to but not disclosed by the petitioner or not
reasonably available to the Board at the time the order is issued, the
Board's ruling on the petition determines the person's eligibility with
respect to the grounds for potential ineligibility set out in the written
notice or order.
(g) The Board may require an individual accepted for enrollment or
enrolled in an educational program preparing a student for initial
licensure as a registered nurse or vocational nurse to submit
information to th
◍ Nursing Practice Act Sec. 301.453. Disciplinary Authority of
Board; Methods of Discipline.. Ans: (a) If the Board determines that a
person has committed an act listed in Section 301.452(b), the Board
shall enter an order imposing one or more of the following:
(1) denial of the person's application for a license, license renewal, or
temporary permit;
(2) issuance of a written warning;
(3) administration of a public reprimand;
(4) limitation or restriction of the person's license, including:
, (A) limiting to or excluding from the person's practice one or more
specified activities of nursing; or
(B) stipulating periodic board review;
(5) suspension of the person's license;
(6) revocation of the person's license; or
(7) assessment of a fine.
(b) In addition to or instead of an action under Subsection (a), the
Board, by order, may require the person to:
(1) submit to care, counseling, or treatment by a health provider
designated by the Board as a condition for the issuance or renewal of
a license;
(2) participate in a program of education or counseling prescribed by
the Board, including a program of remedial education;
(3) practice for a specified period under the direction of a registered
nurse or vocational nurse designated by the Board; or
(4) perform public service the Board considers appropriate.
(c) The Board may probate any penalty imposed on a nurse and may
accept the voluntary surrender of a license. The Board may not
reinstate a surrendered license unless it determines that the person is
competent to resume practice.
(d) If the Board suspends, revokes, or accepts surrender of a license,
the Board may impose conditions for reinstatement that the person
must satisfy before the Board may issue an unrestricted license.
[Amended by Acts 2009 (H.B. 3961), 81st Leg., eff. June 19, 2009]
