1. (a) A person desiring to obtain or retain a license to practice professional nursing shall provide evidence of current sobriety and fitness.

2. (b) Such person shall provide a sworn certificate to the Board stating that he/she has read and understands the requirements for licensure as a registered nurse and that he/she has not:

   1. (1) within the past five years, become addicted to or treated for the use of alcohol or any other drug; or
   2. (2) within the past five years, been diagnosed with, treated or hospitalized for schizophrenia and/or other psychotic disorders, major depression, bi-polar disorder, paranoid personality disorder, antisocial personality disorder or borderline personality disorder.
3. (c) Such person, if unable to sign the certification in subsection (b) of this section, shall execute an authorization for release of medical, psychiatric and treatment records in relation to the conditions mentioned in subsection (b) of this section.
4. (d) Such person shall submit to and pay for an evaluation by a professional approved by the executive director to determine current sobriety and fitness. The evaluation shall be limited to the conditions mentioned in subsection (b) of this section.
5. (e) Prior intemperate use or mental illness is relevant only so far as it may indicate current intemperate use or lack of fitness.
6. (f) No license shall be denied under this rule unless it is shown that the person seeking to obtain or retain the license poses a direct threat to the health and safety of patients/clients, their families or significant others or the public.

7. (g) With respect to chemical dependency in eligibility and disciplinary matters, the executive director is authorized to:

   1. (1) review submissions from a movant, materials and information gathered or prepared by staff, and identify any deficiencies in file information necessary to determine the movant's request;
   2. (2) close any eligibility file in which the movant has failed to respond to a request for information or to a proposal for denial of eligibility within 60 days thereof;
   3. (3) approve eligibility, enter eligibility orders and approve renewals, without board ratification, when the evidence is clearly insufficient to prove a ground for denial of licensure; and

   4. (4) propose conditional orders in eligibility, disciplinary and renewal matters for individuals who have experienced chemical/alcohol dependency within the past five years provided:

      1. (A) the individual presents reliable and verifiable evidence of having functioned in a sober/abstinent manner for twelve consecutive months; and
      2. (B) licensure limitations/stipulations and/or peer assistance program participation can be implemented which will ensure that patients and the public are protected until the individual has attained a five-year term of sobriety/abstinence.

8. (h) With respect to mental illness in eligibility, disciplinary, and renewal matters, the executive director is authorized to propose conditional orders for individuals who have experienced mental illness within the past five years provided:

   1. (1) the individual presents reliable and verifiable evidence of having functioned in a manner consistent with the behaviors required of nurses under the Nursing Practice Act and Board rules for at least twelve consecutive months; and
   2. (2) licensure limitations/stipulations and/or peer assistance program participation can be implemented which will ensure that patients and the public are protected until the individual has attained a five-year term of controlled behavior and consistent compliance with the requirements of the Nursing Practice Act and Board rules.

9. (i) In renewal matters involving chemical dependency or mental illness, the executive director shall consider the following information from the preceeding renewal period:

   1. (1) evidence of the licensee's safe practice;
   2. (2) compliance with the NPA and Board rules; and
   3. (3) written verification of compliance with any treatment.
10. (j) Upon receipt of items (i)(1)-(3) of this section, the executive director may renew the license.

Source Note:The provisions of this §213.29 adopted to be effective September 1, 1998, 23 TexReg 6444.