Tex. Occ. Code Section 301.409
Duty of Prosecuting Attorney to Report

(a)

The attorney representing the state shall cause the clerk of the court of record in which the conviction, adjudication, or finding is entered to prepare and forward to the board a certified true and correct abstract of the court record of the case not later than the 30th day after the date:

(1)

a person known to be a nurse who is licensed, otherwise lawfully practicing in this state, or applying to be licensed to practice is convicted of:

(A)

a felony;

(B)

a misdemeanor involving moral turpitude;

(C)

a violation of a state or federal narcotics or controlled substance law; or

(D)

an offense involving fraud or abuse under the Medicare or Medicaid program; or

(2)

a court finds that a nurse is mentally ill or mentally incompetent.

(b)

A prosecuting attorney shall comply with Subsection (a) even if the conviction, adjudication, or finding is entered, withheld, or appealed under the laws of this state.

(c)

The abstract required under Subsection (a) must include:

(1)

the name and address of the nurse or applicant;

(2)

a description of the nature of the offense committed, if any;

(3)

the sentence, if any; and

(4)

the judgment of the court.

(d)

The board shall prepare the form of the abstract and distribute a copy to each district attorney and county attorney in this state with appropriate instructions for preparation and filing.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.037, eff. Sept. 1, 2003.

Source: Section 301.409 — Duty of Prosecuting Attorney to Report, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­301.­htm#301.­409 (accessed Jun. 5, 2024).

301.001
Short Title 301.002
Definitions 301.003
Application of Sunset Act 301.004
Application of Chapter 301.005
Reference in Other Law 301.006
Claim or Defense for Prohibited Rule or Policy 301.051
Board Membership 301.052
Member Eligibility 301.053
Membership and Employee Restrictions 301.054
Terms 301.055
Grounds for Removal 301.056
Per Diem 301.057
Officers 301.058
Meetings 301.059
Training 301.101
Executive Director 301.103
Public Records 301.104
Personnel 301.105
Division of Responsibilities 301.106
Qualifications and Standards of Conduct Information 301.107
Career Ladder Program 301.108
Equal Employment Opportunity Policy 301.151
General Rulemaking Authority 301.152
Rules Regarding Specialized Training 301.153
Rules Regarding Advertising and Competitive Bidding 301.154
Rules Regarding Delegation of Certain Medical Acts 301.155
Fees 301.156
Gifts and Grants 301.157
Programs of Study and Approval 301.158
Dissemination of Information 301.159
Board Duties Regarding Complaints 301.161
Enforcement 301.162
Legal Counsel 301.164
Assistance of Prosecutor 301.166
Use of Technology 301.167
Negotiated Rulemaking 301.168
Duties Regarding Prescriptive Authority Agreements 301.201
Public Interest Information 301.202
Complaints 301.203
Records and Analysis of Complaints 301.204
General Rules, Policies, and Procedures Regarding Complaint Investigation and Disposition 301.205
Public Participation 301.206
Confidentiality of Information Collected for Emergency Relief Programs 301.207
Confidentiality of Information Provided for Licensure 301.251
License Required 301.252
License Application 301.253
Examination 301.254
Examination Results 301.255
Reexamination 301.256
Issuance of License 301.257
Declaratory Order of License Eligibility 301.258
Temporary Permit 301.259
Reciprocal License by Endorsement for Certain Foreign Applicants 301.260
Temporary License by Endorsement 301.261
Inactive Status 301.301
License Renewal 301.302
Renewal of Expired License by Out-of-state Practitioner 301.303
Continuing Competency 301.304
Continuing Education in Tick-borne Diseases 301.305
Continuing Education in Nursing Jurisprudence and Nursing Ethics 301.306
Forensic Evidence Collection Component in Continuing Education 301.307
Continuing Education in Older Adult or Geriatric Care 301.308
Continuing Education in Human Trafficking Prevention 301.351
Designations 301.352
Protection for Refusal to Engage in Certain Conduct 301.353
Supervision of Vocational Nurse 301.354
Nurse First Assistants 301.356
Refusal of Mandatory Overtime 301.401
Definitions 301.402
Mandatory Report by Nurse 301.403
Duty of Peer Review Committee to Report 301.404
Duty of Nursing Educational Program to Report 301.405
Duty of Person Employing Nurse to Report 301.406
Duty of Certain Professional Associations and Organizations to Report 301.407
Duty of State Agency to Report 301.408
Duty of Liability Insurer to Report 301.409
Duty of Prosecuting Attorney to Report 301.410
Report Regarding Impairment by Chemical Dependency, Mental Illness, or Diminished Mental Capacity 301.411
Effect of Failure to Report 301.412
Reporting Immunity 301.413
Retaliatory Action 301.414
Notice and Review of Report 301.415
Rebuttal Statement 301.416
Investigation 301.417
Confidentiality Requirements 301.418
Disclosure of Charges or Disciplinary Action 301.419
General Provisions Regarding Duty to Report 301.451
Certain Prohibited Practices 301.452
Grounds for Disciplinary Action 301.453
Disciplinary Authority of Board 301.454
Notice and Hearing 301.455
Temporary License Suspension or Restriction 301.456
Evidence 301.457
Complaint and Investigation 301.458
Initiation of Formal Charges 301.459
Formal Hearing 301.460
Access to Information 301.461
Assessment of Costs Prohibited 301.462
Voluntary Surrender of License 301.463
Agreed Disposition 301.464
Informal Proceedings 301.465
Subpoenas 301.466
Confidentiality 301.467
Reinstatement 301.468
Probation 301.469
Notice of Final Action 301.470
Refund 301.471
Emergency Cease and Desist Order 301.501
Imposition of Penalty 301.502
Amount of Penalty 301.503
Report and Notice of Violation and Penalty 301.504
Penalty to Be Paid or Hearing Requested 301.505
Hearing 301.506
Decision by Board 301.507
Options Following Decision: Pay or Appeal 301.508
Collection of Penalty 301.509
Determination by Court 301.510
Remittance of Penalty and Interest 301.511
Administrative Procedure 301.551
Injunction 301.552
Monitoring of License Holder 301.553
Civil Penalty 301.554
Criminal Penalty 301.555
Appeal 301.601
Definition 301.602
Rules 301.603
Applicability 301.604
Registration Required 301.605
Compliance with Rules 301.606
Inspections 301.607
Requests for Inspection and Advisory Opinions 301.651
Definitions 301.652
Imposition of Corrective Action 301.653
Report and Notice of Violation and Corrective Action 301.654
Response 301.655
Action Following Response 301.656
Report to Board 301.657
Effect on Acceptance of Corrective or Deferred Action 301.1545
Rules on Consequences of Criminal Conviction or Deferred Adjudication 301.1571
Use of Standardized Examinations 301.1581
Information Provided to License Holders 301.1582
Poison Control Center Information 301.1583
Disciplinary Action 301.1595
Advisory Committees 301.1605
Pilot Programs for Innovative Applications 301.1606
Pilot Programs on Nurse Reporting Systems 301.1615
Obtaining Criminal History Record Information 301.2511
Criminal History Record Information for License Applicants 301.3011
Criminal History Record Information Requirement for Renewal 301.4011
Good Faith Report by Nurse 301.4025
Optional Report by Nurse 301.4105
Board Responsibility Following Report 301.4106
Peer Assistance Programs 301.4515
Use of Certain Nursing Titles 301.4521
Physical and Psychological Evaluation 301.4531
Schedule of Sanctions 301.4535
Required Suspension, Revocation, or Refusal of License for Certain Offenses 301.4551
Temporary License Suspension for Drug or Alcohol Use 301.4575
Procedures for Expert Advanced Practice Registered Nurse Review 301.6555
Deferred Action
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 301.409’s source at texas​.gov