22 Tex. Admin. Code § 213.27 - Good Professional Character
(a)
Every individual who seeks to practice nursing in Texas must have good
professional character related to the practice of nursing. This requirement
includes all individuals seeking to obtain or retain a license or privilege to
practice nursing in Texas.
(b) The
Board defines good professional character as the integrated pattern of
personal, academic, and occupational behaviors that indicate an individual is
able to consistently conform his/her conduct to the requirements of the Nursing
Practice Act, the Board's rules, and generally accepted standards of nursing
practice. An individual who provides satisfactory evidence that he/she has not
committed a violation of the Nursing Practice Act or a rule adopted by the
Board is considered to have good professional character related to the practice
of nursing.
(c) A determination
that an individual does not have good professional character related to the
practice of nursing must be based on a showing by the Board of a clear and
rational connection between a violation of the Nursing Practice Act or a rule
adopted by the Board and the individual's ability to effectively practice
nursing. When evaluating the rationale connection between the relevant conduct
and the ability to effectively practice nursing, the Board will consider the
following factors:
(1) whether the individual
will be able to practice nursing in an autonomous role with patients/clients,
their families, significant others, healthcare professionals, and members of
the public who are or who may become physically, emotionally, or financially
vulnerable;
(2) whether the
individual will be able to recognize and honor the interpersonal boundaries
appropriate to any therapeutic relationship or health care setting;
(3) whether the individual will be able to
make appropriate judgments and decisions that could affect patients/clients
and/or the public;
(4) whether the
individual has exhibited an inability to conform his/her behavior to the
requirements of the Nursing Practice Act, Board rules and regulations,
including §217.11 (relating to Standards of Nursing Practice) and §
217.12(relating to Unprofessional
Conduct) of this title, and generally accepted standards of nursing practice;
and
(5) whether the individual will
be able to promptly and fully self-disclose facts, circumstances, events,
errors, and omissions, when such disclosure could enhance the health status of
patients/clients or the public and/or could protect patients/clients or the
public from an unnecessary risk of harm.
(d) Actions from Other Jurisdictions A
certified copy of the order of the denial, suspension, or revocation or other
action relating to an individual's license or privilege to practice nursing in
another jurisdiction or under federal law is conclusive evidence of that
action.
Notes
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