TEXAS BOARD OF NURSING EXAM
QUESTIONS AND ANSWERS (VERIFIED
AND UPDATED)
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;
(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;
@2026/2027 ALLRIGHTS RESERVED.
, (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 - 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
@2026/2027 ALLRIGHTS RESERVED.
QUESTIONS AND ANSWERS (VERIFIED
AND UPDATED)
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;
(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;
@2026/2027 ALLRIGHTS RESERVED.
, (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 - 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
@2026/2027 ALLRIGHTS RESERVED.
