Family and dating violence reaches all corners of our society, regardless of socioeconomic status, race, gender, profession, religion, or geographic location. For professional nurses in Texas, a criminal conviction related to family or dating violence can have extremely damaging consequences for one's nursing license. The position of the Texas Board of Nursing is that a conviction, even of a misdemeanor “involving moral turpitude that is directly related to the practice of nursing,” is grounds for license sanctions. Not surprisingly, the Board considers crimes involving violence and threatening behavior among those that are directly relevant to a nurse's fitness to practice and, thus, crimes that would warrant revoking licensure.
If you're planning to apply for or renew your nursing license in Texas, or you're worried that the Board of Nursing will find out about a pending or closed criminal investigation, you need legal help. If you're considering withholding pertinent information, you should know that nursing boards take even accidental omissions seriously. Your best course of action is to contact the Professional License Defense Team at the Lento Law Firm at 888.535.3686 or use our online response form.
Is Your Nursing License at Risk?
Nurses “provide care to the most vulnerable of populations.” It stands to reason, then, that “[w]hen a nurse has engaged in violent or threatening criminal behavior in the past, the Board is mindful that patients may be at risk for similar behavior in a healthcare setting.”
Under the umbrella of violence and threatening behavior, per the Board, are violations of protective orders. Make no mistake: Being found guilty of violating a protective order in Texas results in the revocation or denial of one's nursing license. This applies to all individuals seeking to obtain or retain a nursing license in Texas.
But what if you've only been accused so far and not convicted of violating a protective order? Or what if you're being investigated for family or dating violence, but the case is still open? Or did you enter a plea of guilty or no contest? Or if the judge awarded deferred adjudication? We'll explore all those topics here.
You might be tempted to reassure yourself that things will be OK because you've heard it's illegal to deny someone employment based on criminal history. While laws exist barring employers from discriminating based on someone's arrest or conviction record, two things are important to note:
First, if the circumstances relate to the specific job type you're performing (in this case, caring for vulnerable people), you absolutely could be denied employment. Second, fair employment statutes don't protect you if you lie on a professional license application or leave off a criminal record when asked for it. That could cost you your job.
Protective Orders
A protective order in Texas bans the perpetrator from having contact with the petitioner or the person seeking the protective order. This could include a mandate to stay away from their family, their friends, their residence, their place of employment, or other locations that they frequent. Violating a protective order is a big deal.
Specifically, the following actions, when done knowingly or intentionally, could constitute violations of court orders pertaining to family violence, child abuse or neglect, sexual assault or abuse, or stalking, according to Texas state code:
- Committing family violence
- Communicating in a threatening or harassing way directly with a protected individual or a member of the family or household
- Making threats to a protected individual or a member of the family or household through another person
- Communicating in any way with a protected individual or a member of the family or household except through their attorney or court-appointed liaison
- Physically being at or near the home, place of employment, child care facility, or school of a protected individual or a member of the family or household
- Possessing a firearm
- Harming, threatening, or interfering with the care of a pet or assistance animal belonging to a protected person
- Removing or tampering with someone's GPS
- Tracking or monitoring the vehicle or other personal property of a protected individual or a member of the family or household without their consent
- Physically following a protected person or having someone else follow them
Disciplinary Consequences for Violating a Protective Order
Again, the Texas Board of Nursing is bound to deny or revoke a nurse's license for threatening or violent behavior, per Texas Occupational Code Code §301.4535. But it doesn't end there. The Board also reserves the right to impose sanctions for behaviors and violations they do not specifically list in Practice and Procedure Chapter 213, Rule §213.28, “Licensure of Individuals with Criminal History.”
When deciding disciplinary matters pertaining to a nurse's criminal convictions, they take many factors into account, including:
- How serious or lengthy the nurse's criminal history is, and the nature of the criminal history
- How old the nurse was when they committed the crime(s)
- How far in the past their criminal activity is
- The context of the criminal activity (what was going on in the nurse's life at the time?)
- Signs that the nurse sought out rehabilitation
- Other evidence of their character, such as letters from law enforcement or correctional officers
- How steady their employment record has been
- Whether the nurse has the support of their dependents
- A record of good conduct
- Whether they successfully completed probation or community supervision
- If they have paid outstanding court costs, fees, fines, and restitution
- What damages resulted from their criminal activity
- The results of an evaluation, per Texas Occupations Code §301.4521 and §213.33(k) and (l)
- Evidence of remorse and learning from their mistakes
Do I Have to Report My Criminal Conviction to the Board of Nursing?
If you've been convicted of a crime in Texas, including a crime related to a protective order, family violence, or dating violence, you are required to report this to the Texas Board of Nursing. If this is your first time applying for a nursing license, the Board of Nursing will find your criminal history in your background check anyway.
Professional license applications are made under oath, so any errors, inaccuracies, or omissions could be grounds for disqualification. You should be meticulous in responding to all requested information. It's better to disclose and explain negative information than to conceal or omit it.
You might have specific questions about what to do if you pleaded no contest, received deferred adjudication, were granted a pre-trial diversion, or were placed on community supervision or court-ordered probation.
Whatever your situation, it's important to talk with the Professional License Defense Team at the Lento Law Firm today to make sure you're doing everything you can to save your career. Call us at 888.535.3686 or use our online response form.
The lesson here is that application errors and omissions – unintentional or not – can cost you dearly. You need to seek legal help immediately before it's too late.
Family Violence and Dating Violence in Texas
A protected person in a family or dating violence case could be a member of the perpetrator's family or household, including a child, older parent, spouse, or intimate partner. These roles are addressed in Texas Family Code §§ 71.004 and 71.0021, which define family violence and dating violence in Texas.
Someone who commits “dating violence" does so against someone they are currently dating (having a romantic or intimate relationship with) or has dated in the past. This person could be someone who is applying for a protective order or someone who already has one. They could be in fear of imminent physical harm, including sexual assault, by their perpetrator, or they could have actually been harmed, injured, or assaulted by this person.
"Family violence” could involve criminal acts against spouses, former spouses, children, partners, people who share children or foster children, a parent, a foster parent, or any member of a family or household, regardless of whether the perpetrator and victim live together. Crimes include acts intended to result in physical harm or assault, including sexual assault or threats that cause the victim to fear imminent injury, assault, or harm. A significant portion of family violence falls under child abuse or neglect.
Abuse of a child can refer to:
- Injuring them emotionally or mentally so that it interferes with their development or psychological functioning, whether by direct action, omission, or placing them in an environment in which they would be exposed to this
- Injuring them physically, resulting in substantial harm
- Threatening substantial physical harm
- Failing to protect them from someone who hurts them physically, emotionally, mentally, or sexually
- Sexual conduct, including encouraging them to engage in prostitution
- Allowing or engaging in any photo-taking or filming a child in an obscene way
- Using a controlled substance that results in a child's injury
- Allowing a child to use a controlled substance
- Forcing a child into trafficking or marriage
- Exploiting a child for monetary or personal profit
- Failing to provide for a child's care, including food, shelter, medical, childcare, and so on.
Can I Appeal After Deferred Adjudication?
Deferred adjudication is a type of plea deal in which a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an allotted period of time also ordered by the court.
You can try to obtain or renew your nursing license after a plea deal or conviction by requesting a criminal history evaluation letter from the Texas Board of Nursing. We will help you with this. This is a way of being notified in advance of applying for a nursing license if you will be eligible based on your criminal background. This is particularly helpful if you are deciding whether to enroll in school or take an exam.
In reviewing your background, the Board of Nursing will look at many of the factors described earlier on this page (the time elapsed since the conviction, employment record, letters of recommendation, payment of fines, evidence of learning from your mistake, and so on).
The Board will notify you and your attorney within 90 days whether you are eligible or not. You may be cleared to apply for a license at this time. If you are not, you can inquire about additional requirements you could seek to satisfy in order to apply.
If, after petitioning the Board for additional opportunities, you are denied again, you can request a hearing at the State Office of Administrative Hearing (SOAH). At this hearing, you should have additional information ready that may clear the reasons for the pending denial. If the SOAH submits a letter recommending that the Board of Nursing allow you to apply for licensure, they may approve your application. If not, you have one more chance to appeal to the district court that has jurisdiction over the Board of Nursing.
In some cases, it is possible that the Board may consider you not convicted of an offense. All of the following three would need to apply:
- You pleaded guilty or no contest
- The judge deferred further proceedings without entering an adjudication of guilt and placed you under the supervision of the court
- The judge dismissed the proceedings and discharged you at the end of the supervisory period
The Lento Law Firm Can Protect Your License
The Professional License Defense Team at the Lento Law Firm understands how serious it is to have your professional license put at risk, and we want to help you protect yours.
We know the law, and we're experienced in representing professionals nationwide and negotiating with state boards of nursing. To learn how we can help, contact the Lento Law Firm Team today at 888.535.3686 or use our online response form.
