Am I Eligible for a Nursing License?: Declaratory Order of Eligibility for Licensure
I often receive calls from nursing students, or even those only considering pursuing a nursing degree, with questions concerning whether or not they will be licensed by the Board of Nursing. Typically, these individuals have a criminal record, history of misuse of controlled substances, or a mental health diagnosis that they fear will present an obstacle to successful licensure.
These persons have already taken best course of action by being proactive and contacting an attorney with experience before the Board and who should therefore be able to estimate the difficulty they may or may not face in applying for their license. Generally speaking most nurses with marks on their record should be able to obtain licensure. A good portion of these may have to do so under the form of a probationary license with restrictions related to whatever it is that concerns the Board.
For example, an applicant with a history of abuse of controlled substances may only receive their license on the condition that submit to random drug screens, attend AA meetings, successfully complete a recovery program, and work in an environment where they can be supervised by a superior nurse. A nurse with a criminal record may have to enter into an Agreed Order that provides for supervised practice and grants them only a provisional license with full licensure dependent on achieving a number of years of violation-free practice. Finally, persons with a serious psychiatric diagnosis may need to agree to an Order mandating that they continue with a specified medical treatment program to keep their condition under control.
The very few nurses who will likely not be issued a license are those with serious criminal convictions or an ongoing and untreated chemical dependency problem. On the issue of serious criminal offenses I am referring to convictions such as rape, sexual assault, kidnapping, injuring a child, or murder. Section 301.4535 of the Nursing Practice Act provides a list of criminal offenses for which the Board may refuse to license an applicant. Other felony convictions fall under this list as well.
Future nurses should note, however, that the Board is typically reluctant to license a nurse even a minor black mark on their record if they are not represented by an attorney. They will usually refuse outright or press a nurse to enter into an order with terms that are more stringent than indicated by their history. As in any disciplinary matter, the Board of nursing generally pursues the severest sanction unless the nurse has a lawyer to fight for their interests.
One option for students unsure of their eligibility for licensure is found in § 301.257 of the Nursing Practice Act. This section provides that a nursing student or even a person only considering attending a nursing school can file a Petition for a Declaratory Order of Eligibility for Licensure. In response, the Board of Nursing will then review that person’s history and assess whether they meet the required good moral and professional character standards. If they do, the Board Staff will issue a Declaratory Order finding that individual conditionally eligible for licensure as long as they graduate and later pass the standard nursing exams.
If you have questions about your eligibility for a Texas nursing license or the declaratory order procedure, please call an experienced administrative law attorney. They should be able to intelligently discuss your case and lay out your options. Don’t wait until after graduating from nursing school to find out that you may not be eligible for a Texas license.
Pharmacists: Addiction, Mental Health & PRN
Authorized under Chapter 564 of the Pharmacy Act, the Professional Recovery Network (PRN) offers a means for chemically dependent and/or mentally ill pharmacists and pharmacy students to confidentially enter a recovery program with the goal of integrating them back into professional practice. Founded by the Texas Pharmacy Association, PRN provides an incentive for pharmacist’s suffering from mental illness or chemical dependency to commit to early treatment and thereby avoid additional harm to the public and themselves.
A person who has who has knowledge of an act or omission by a pharmacist that could provide grounds for discipline under Section 565.001(a)(4) or (7) of the Pharmacy Act- mental illness and intemperate use of drugs or alcohol respectively- may report the license holder to the PRN. In addition to such reports by concerned colleagues and family members, pharmacists and students are encouraged to self-report to PRN. The Pharmacy Board may also refer the professional to PRN in lieu of a disciplinary proceeding. Once PRN receives a report they will contact the pharmacist, if it was not a self-report, and refer them to a mental health evaluator. After meeting the mental health evaluator, the pharmacist will enter into a Recovery Support Agreement with the PRN committing themselves to treatment and recovery. The Agreement will outline the proposed treatment program and include specific recommendations made by the evaluator. By entering into the Support Agreement, the pharmacist or student will also consent to maintaining contact with the PRN Staff and an assigned mentor, providing written quarterly reports, and, if appropriate, undergoing random drug screens. The pharmacist’s mentor, who is either a pharmacist with a long history of sobriety or extensive experience in a twelve-step program, is there to support, advise, and advocate for the professional throughout treatment.
As long as the pharmacist adheres to their Recovery Support Agreement their treatment should remain confidential and formal disciplinary proceedings may be avoided. The Board may only disclose the pharmacist’s treatment and nature of their impairment in a subsequent disciplinary hearing, to a state licensing body in another jurisdiction, and in response to a court order. If the Board determines that the pharmacist’s impairment is to such a level that it poses a potential danger to the public, they may only disclose that the professional’s license has been suspended, probated, or revoked, not the specific nature of their impairment.
If a license holder fails to comply with their Recovery Support Agreement, then the initial report and the nature of the pharmacist’s impairment may become public and the Board may take disciplinary action. PRN may also disclose the report to the Board if the licensee refuses to see a mental evaluator or undergo treatment. In these cases the Texas State Board of Pharmacy is likely to take disciplinary action as the problem will be seen as not being taken seriously or so advanced that additional intervention is needed. Even if the pharmacist or student is not actually chemically dependent or suffering from a mental illness, they are not in a credible position to argue. Here hiring an attorney becomes a necessity as the penalties imposed by the Board can be severe. Moreover, a knowledgeable attorney experienced with recovery and the process can help to reduce the terms and impediments inherent in and Agreed Board Order
More information can be found at the website of the Texas Pharmacy Association: (www.texaspharmacy.org)
