Nurse Arrested in Texas?

What Can Happen to Your License?

When a Texas nurse arrested for a criminal offense the implications immediately extend to their professional licensure. The Texas Board of Nursing (BON) maintains broad authority to investigate off-duty conduct—including DWIs, domestic disputes, and drug possession charges—to determine a licensee’s fitness to practice. Even a criminal matter outside of work hours can directly threaten RN, LVN, or APRN credentials.

What Happens Off the Clock Does Matter

It doesn’t matter if you were on the clock or not.

The Texas Nursing Practice Act gives the BON authority to discipline the arrest of a Texas nurse-not even conviction- for any conduct that affects your “fitness to practice“. If your criminal behavior suggests you might be a risk to the public, they can step in, even if it happened on your day off. https://www.law.cornell.edu/regulations/texas/22-Tex-Admin-Code-SS-213-28; https://codes.findlaw.com/tx/occupations-code/occ-sect-301-452/

The BON’s “Big Three” Trouble Spots

The Board focuses on three types of arrests of a Texas Nurse:

• DWI and Alcohol Offenses: The BON views this as a potential sign of substance abuse or chemical dependency. The logic is: if you drive impaired, you might practice impaired. A first-time DWI can lead to an investigation. A nurse could be forced  into TPAPN (Texas Peer Assistance Program for Nurses), a grueling monitoring program that can restrict your work for years. https://www.bon.texas.gov/practice_bon_position_statements_content.asp#15.18
• Drug Possession (Controlled Substances): Nurses have access to narcotics. An arrest for possession (cocaine, meth, or even unauthorized prescription meds) immediately raises red flags about “diversion” (stealing meds from patients) or impairment on the job. These charges often lead to immediate temporary suspensions if the Board thinks you’re an “imminent threat” to patients. https://statutes.capitol.texas.gov/Docs/OC/htm/OC.301.htm#301.455
• Assault and Family Violence: Nursing requires emotional control and patience. A conviction can be argued as a sign of a lack of emotional stability or a tendency toward violence, making you “unfit” to care for vulnerable patients. https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=11&ch=213&rl=28

You Must Report It

Yes, you have to report your arrests.

• Renewal: You’re required to report arrests and convictions when you renew your license.
• Fingerprints: The BON is part of the FBI Rap Back system. Fingerprints from your arrests allow the Board to possibly know within days—long before your court date.
• https://www.bon.texas.gov/faq_fingerprinting.asp
• https://statutes.capitol.texas.gov/Docs/OC/htm/OC.301.htm#301.303
• https://statutes.capitol.texas.gov/Docs/OC/htm/OC.301.htm#301.452

Trying to hide an arrest is usually worse than the crime itself. Falsifying your renewal is a fast track to license revocation based on a dishonesty charge.

Protecting Your Career

When you face criminal charges, you’re fighting on two fronts: the criminal court and the licensing board.

If you are a nurse facing criminal charges in Montgomery County, Paul Meyers understands the high stakes of a BON investigation and how to fight the case on both the criminal and licensing fronts. Don’t face the Board alone and risk losing the credentials you worked so hard for. Contact Paul immediately at 936-766-5171 or email meyerspaulesq@gmail.com to schedule a free consultation. https://www.meyerscriminallaw.com/lawyers/paul-meyers/