(a) The Texas Board of Nursing is entitled to obtain criminal history record information as provided by Subsection (b) that relates to a person who:
(1) is an applicant for vocational, registered, or advanced practice registered nurse licensure, or the holder of a license issued by the board;
(2) has requested a determination of eligibility for a license from the board;
(3) is subject to investigation by the board in connection with a complaint or formal charge against the person; or
(4) is accepted for enrollment in a nursing education program that prepares the person for licensure as a vocational, registered, or advanced practice registered nurse.
(b) Subject to § 411.087 and consistent with the public policy of this state, the Texas Board of Nursing is entitled to:
(1) obtain through the Federal Bureau of Investigation criminal history record information maintained or indexed by that bureau that pertains to a person described by Subsection (a); and
(2) obtain from the department or any other criminal justice agency in this state criminal history record information maintained by the department or that criminal justice agency that relates to a person described by Subsection (a).

Terms Used In Texas Government Code 411.125

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) The Texas Board of Nursing may not release or disclose to any person criminal history record information obtained from the Federal Bureau of Investigation under Subsection (b)(1). Criminal history record information obtained by the Texas Board of Nursing under Subsection (b)(2) may not be released or disclosed to any person except:
(1) as required under a court order;
(2) to a nursing board that is a member of the nurse licensure compact under Chapter 304, Occupations Code;
(3) with the written consent of the person who is the subject of the criminal history record information; or
(4) as provided by Subsection (d).
(d) The Texas Board of Nursing is not prohibited from disclosing criminal history record information obtained under Subsection (b)(2) in a criminal proceeding, in a contested case proceeding conducted by the State Office of Administrative Hearings, or as part of an appeal of a contested case proceeding.
(e) Criminal history record information obtained by the Texas Board of Nursing shall be destroyed by the agency after a final determination is made and all appeals are concluded in the matter for which the information was obtained.

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