Eligibility for Licensure

Overview: Once a student is accepted into the nursing program, that student must undergo finger printing and a criminal background check (CBC), HSCEP OP 10.20. If a student has criminal offenses in their record, the Texas Board of Nursing (TBON) reviews the offenses and determines if the student will be eligible for licensure as a nurse in the state of Texas. If the student is found to be ineligible for licensure, their admission offer is revoked. See Texas Board of Nursing site for more information: http://www.bne.state.tx.us/licensure_eligibility.asp

Students found to be eligible for licensure at admission, who later are charged with a crime, are required to self-disclose criminal history information no later than five (5) business days following the charge of a crime. “Criminal history record information” (CHRI) means information collected about students, trainees or residents by a criminal justice agency that consists of identifiable descriptions and notations of arrests, detentions, indictments, information, and other formal criminal charges, and their dispositions. If self-disclosure reveals CHRI, the individual must undergo a criminal background check (CBC), which may include fingerprinting. The report will be made available to the appropriate dean or his/her designee. Failure of students, trainees or residents to disclose information, which is subsequently found on a background check, may result in dismissal or withdrawal of acceptance from the university.

Undergraduate students receive a cleared CBC process through the Texas Board of Nursing (TBON). Instructions are supplied to all incoming undergraduate students at orientation. In accordance with HSCEP 10.20, additional background checks are required after a break in enrollment. Students are responsible for the cost of their own CBC and any associated fees.

At the point of graduation, students must complete an application to take the nursing licensure exam (NCLEX-RN) and an updated CBC. Applicants will be asked the 5 questions listed below. An answer of “yes” to any of questions below may require submission of documentation to the TBON prior to approval to take the NCLEX-RN and it is possible the applicant may be ineligible to be licensed in Texas or other states.

To check your eligibility for renewing your license, have you

1. Been convicted of a misdemeanor?
2. Been convicted of a felony?
3. Pled nolo contendere, no contest, or guilty?
4. Received deferred adjudication?
5. Been placed on community supervision or court-ordered probation, whether or not adjudicated guilty?
6. Been sentenced to serve jail or prison time or court-ordered confinement?
7. Been granted pre-trial diversion?
8. Been arrested or have any pending criminal charges?
9. Been cited or charged with any violation of the law?
10. Been subject of a court-martial; Article 15 violation; or received any form of military judgment, punishment, or action?

NOTE: You may only exclude Class C misdemeanor traffic violations

Expunged and Sealed Offenses: While expunged or sealed offenses, arrests, tickets, or citations need not be disclosed, it is your responsibility to ensure the offense, arrest, ticket, or citation has, in fact, been expunged or sealed. It is recommended that you submit a copy of the Court Order expunging or sealing the record in question with your application. Failure to reveal an offense, arrest, ticket, or citation that is not in fact expunged or sealed, will at a minimum, subject your license to a disciplinary fine. Non-disclosure of relevant offenses raises questions related to truthfulness and character of the Nurse.

Orders of Non-disclosure: Pursuant to Tex. Gov’t Code §552.142(b), if you have criminal matters that are the subject of an order of non-disclosure, you are not required to reveal those criminal matters on this form. However, a criminal matter that is the subject of an order of non-disclosure may become a character and fitness of duty issue. Pursuant to other sections of the Gov’t Code Chapter 411, the Texas Nursing Board is entitled to access criminal history record information that is subject of an order of non-disclosure. If the Board discovers a criminal matter that is the subject of an order of non-disclosure, even if you properly did not reveal that matter, the Board may require you to provide information about any conduct that raises issues of character.

1. Are you currently the target or subject of a grand jury or governmental agency investigation?
2. Has any licensing authority refused to issue you a license or ever revoked, annulled, cancelled, accepted surrender of, suspended, placed on probation, refused to renew a license, certificate or multi-state privilege held by you now or previously, or ever fined, censured, reprimanded or otherwise disciplined you? (You may exclude disciplinary actions previously disclosed to the Texas Board of Nursing on an initial or renewal licensure application)
3. *In the past five (5) years have you been diagnosed with or treated or hospitalized for schizophrenia and/or psychotic disorder, bipolar disorder, paranoid personality disorder, antisocial personality disorder, or borderline personality disorder which impaired or does impair your behavior, judgment, or ability to function in school or work? (You may answer “No” if you have completed and/or are in compliance with TPAPN for mental illness OR you’ve previously disclosed to the Texas Board of Nursing and have remained compliant with your treatment regime and have no further hospitalization since disclosure.)
4. *In the past five (5) years, have you been addicted or treated for the use of alcohol or any other drug? (You may answer “No” if you have completed and/or are in compliance with TPAPN).

For criminal background check questions, please contact the TBON at:
Texas Board of Nursing
333 Guadalupe, Suite 3-460 Austin, TX 78701-3944
P: (512) 305-7400; | F: (512) 305-7401
https://www.bon.texas.gov/licensure_eligibility.asp