What do you tell him will be the most likely decision as to his license?

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.).