Tex. Occ. Code § 301.409 · Subchapter I. REPORTING VIOLATIONS AND PATIENT CARE CONCERNS
DUTY OF PROSECUTING ATTORNEY TO REPORT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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 of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.301.htm
- Text hash
- sha256 0bff64510afafd44f70a8c773d3f1b32f4fb17369e4ba8c7468edc64dc8f52c0
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 4 provisions
Provisions in this library whose text cites Tex. Occ. Code § 301.409. Each shows the citation as that text prints it.
Occupations Code
- Tex. Occ. Code § 301.1605PILOT PROGRAMS FOR INNOVATIVE APPLICATIONS.Printed as Sections 301.401-301.409
- Tex. Occ. Code § 301.1606PILOT PROGRAMS ON NURSE REPORTING SYSTEMS.Printed as Sections 301.401-301.409
- Tex. Occ. Code § 301.413RETALIATORY ACTION.Printed as Section 301.402, 301.4025, 301.403, 301.405, 301.406, 301.407, 301.408, 301.409, or 301.410
- Tex. Occ. Code § 301.414NOTICE AND REVIEW OF REPORT.Printed as Section 301.402, 301.403, 301.405, 301.406, 301.407, 301.408, or 301.409
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.