The short answer is it depends. Can You Be a Nurse in Texas With a Felony? The Texas Board of Nursing does grant nursing licenses to individuals with a felony record, but it is highly case specific. The underlying facts of the criminal charge and the specific offense at issue play a large role in the Board’s decision. Evidence of the applicant’s good professional character and rehabilitation are also important.
At Lype Dest Smith Lawyers, we specialize in Nursing License Defense, helping individuals navigate the legal and regulatory challenges of obtaining or maintaining a nursing license in Texas. Knowing how a felony impacts your current or future nursing career is crucial to preparing for the licensing process.
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In Texas, the Board of Nursing (BON) evaluates felony convictions on a case-by-case basis. The BON considers the nature of the offense, its impact on the nurse’s ability to provide safe care, and evidence of rehabilitation. According to the Texas Nursing Practice Act and BON guidelines, certain crimes, particularly those involving fraud, violence, or patient safety, may have a significant impact on licensure eligibility. Any offenses involving vulnerable persons such as children or the elderly receive special scrutiny.
For a detailed look at how the nursing disciplinary process works, check out our blog on nursing disciplinary actions.
It is essential to disclose all reportable criminal history when applying for a nursing license. Failure to do so may result in additional penalties, such as denial of licensure or revocation of an existing license.
In Texas, a criminal record includes convictions, arrests, deferred adjudications, pre-trial diversion, and even certain dismissed cases. Criminal records are generally categorized as misdemeanors and felonies, with felonies carrying more serious consequences. According to the Texas State Law Library, a complete criminal history may include state and federal offenses, juvenile records, and probation details.
The Texas BON conducts fingerprint background checks when evaluating applicants for a nursing license. Therefore, understanding what appears on your record is vital.
Certain felony offenses may disqualify you from obtaining or keeping a nursing license in Texas. Crimes involving moral turpitude, patient abuse, fraud, drug-related charges, or violent offenses are considered particularly serious. The Texas BON assesses whether these offenses compromise patient trust or safety.
Some key disqualifiers can include:
For nurses whose licenses have been revoked, understanding the process of nursing license revocation can provide insight into options for appealing or addressing the situation.
Applicants with these offenses may still apply or petition The Texas BON for a review of their case. Demonstrating rehabilitation, completing probation, or seeking legal counsel to defend your nursing eligibility can improve outcomes.
Yes, you can enroll in nursing school with a felony, but approval from the Texas BON is often required before starting clinical rotations. Nursing schools in Texas typically ask about a student’s criminal history during their application process. Most schools require students with a felony record to submit a Declaratory Order to the BON, outlining the nature of the offense and evidence of rehabilitation. The student is then allowed to begin clinicals if the BON finds them conditionally eligible for licensure.
The BON reviews each case to determine if the individual poses a risk to patient safety. Receiving approval allows aspiring nurses to proceed with their education and clinical training.
Yes, nurses can be “blacklisted” in Texas if they commit certain serious offenses that jeopardize patient safety or violate professional ethics. The Texas BON maintains a public disciplinary database where license suspensions, revocations, and disciplinary actions are listed. Nurses with felony convictions, unresolved disciplinary issues, or repeated violations may find it challenging to secure employment.
For insight into how investigations begin, see our article on the Texas Board of Nursing investigation letter.
To avoid permanent barriers to employment, nurses facing allegations or disciplinary actions should seek experienced legal counsel. Addressing issues promptly and demonstrating compliance with BON requirements can help prevent long-term consequences.
At Lype Dest Smith Lawyers, our experienced attorneys specialize in Nursing License Defense, guiding Texas nurses through the complexities of licensure and criminal record challenges. Contact our team at 512-881-3556 or through our website for a consultation. Protect your nursing career with the help of an experienced attorney.
Not afraid to go to court when necessary, Dan has successfully litigated cases all the way to the Supreme Court of Texas. Dan also prides himself on being readily available to clients throughout their cases. He strongly believes effective representation should be a collaborative effort between a client and their attorney. Years of experience: 15 years
Dan Lype
Bar number: 24065658
Location: Austin, TX
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