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Texas Board of Nursing Questions and
Correct Answers/ Latest Update / Already
Graded
Nursing Practice Act Sec. 301.452
Ans: (a) In this section, "intemperate use" includes practicing
nursing or being on duty or on call while under the influence of
alcohol or drugs.
(b) A person is subject to denial of a license or to disciplinary
action under this subchapter for:
(1) a violation of this chapter, a rule or regulation not
inconsistent with this chapter, or an order issued under this
chapter;
(2) fraud or deceit in procuring or attempting to procure a
license to practice professional nursing or vocational nursing;
(3) a conviction for, or placement on deferred adjudication
community supervision or deferred disposition for, a felony or
for a misdemeanor involving moral turpitude;
(4) conduct that results in the revocation of probation imposed
because of conviction for a felony or for a misdemeanor
involving moral turpitude;
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(5) use of a nursing license, diploma, or permit, or the transcript
of such a document, that has been fraudulently purchased,
issued, counterfeited, or materially altered;
(6) impersonating or acting as a proxy for another person in the
licensing examination required under Section 301.253 or
301.255;
(7) directly or indirectly aiding or abetting an unlicensed person
in connection with the unauthorized practice of nursing;
(8) revocation, suspension, or denial of, or any other action
relating to, the person's license or privilege to practice nursing
in another jurisdiction;
(9) intemperate use of alcohol or drugs that the Board
determines endangers or could endanger a patient;
(10) unprofessional or dishonorable conduct that, in the board's
opinion, is likely to deceive, defraud, or injure a patient or the
public;
(11) adjudication of mental incompetency;
(12) lack of fitness to practice because of a mental or physical
health condition that could result in injury to a patient or the
public; or
(13) failure to care adequatel
Nursing Practice Act Sec. 301.257: Declaratory Order of Lciensure
Eligibility
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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 tim e
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
All rights reserved © 2025/ 2026 |
Texas Board of Nursing Questions and
Correct Answers/ Latest Update / Already
Graded
Nursing Practice Act Sec. 301.452
Ans: (a) In this section, "intemperate use" includes practicing
nursing or being on duty or on call while under the influence of
alcohol or drugs.
(b) A person is subject to denial of a license or to disciplinary
action under this subchapter for:
(1) a violation of this chapter, a rule or regulation not
inconsistent with this chapter, or an order issued under this
chapter;
(2) fraud or deceit in procuring or attempting to procure a
license to practice professional nursing or vocational nursing;
(3) a conviction for, or placement on deferred adjudication
community supervision or deferred disposition for, a felony or
for a misdemeanor involving moral turpitude;
(4) conduct that results in the revocation of probation imposed
because of conviction for a felony or for a misdemeanor
involving moral turpitude;
All rights reserved © 2025/ 2026 |
, Page |2
(5) use of a nursing license, diploma, or permit, or the transcript
of such a document, that has been fraudulently purchased,
issued, counterfeited, or materially altered;
(6) impersonating or acting as a proxy for another person in the
licensing examination required under Section 301.253 or
301.255;
(7) directly or indirectly aiding or abetting an unlicensed person
in connection with the unauthorized practice of nursing;
(8) revocation, suspension, or denial of, or any other action
relating to, the person's license or privilege to practice nursing
in another jurisdiction;
(9) intemperate use of alcohol or drugs that the Board
determines endangers or could endanger a patient;
(10) unprofessional or dishonorable conduct that, in the board's
opinion, is likely to deceive, defraud, or injure a patient or the
public;
(11) adjudication of mental incompetency;
(12) lack of fitness to practice because of a mental or physical
health condition that could result in injury to a patient or the
public; or
(13) failure to care adequatel
Nursing Practice Act Sec. 301.257: Declaratory Order of Lciensure
Eligibility
All rights reserved © 2025/ 2026 |
, Page |3
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 tim e
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
All rights reserved © 2025/ 2026 |
