License Vocational Nursing (LVN)

Background Checks

The purpose of background checks is to:

  1. Comply with clinical affiliates who may require a student background check as a condition of their contract
  2. Provide early identification of students who may have difficulty meeting Texas Board of Nurse Examiners (BON) eligibility for licensure requirements and LVN program requirements
  3. Promote early submission by students of petition for a declaratory order from the BON
  4. Promote and protect patient/client safety

Two criminal background checks must be conducted as a condition of full acceptance after your initial acceptance into the ACC Vocational Nursing (LVN) program and before you may enroll in any nursing course:

  1. A criminal background check required by our clinical affiliates and conducted by a college-designated private Results of the private agency background check are sent directly to the LVN Department Chair. The results must be satisfactory. The student pays the cost of the private agency background check directly to the agency.
  2. A DPS/FBI background check mandated by the Texas Board of Nursing (BON). If the student has a satisfactory outcome with the BON-mandated background check, the BON will mail a “Blue Card” to the student stating If a positive criminal history is revealed during the BON-mandated DPS/FBI background check, the BON will send the student a letter requesting a “Petition for Declaratory Order” from the student. For more information on submitting a “Petition for Declaratory Order”, see below. A CONDITION OF FULL ACCEPTANCE INTO THE LVN PROGRAM IS THAT THE STUDENT MUST PRESENT AN ORIGINAL BLUE CARD FROM THE BON OR AN ORIGINAL DECLARATORY ORDER OUTCOME LETTER FROM THE BON (STATING STUDENT IS ELIGIBLE TO TAKE NCLEX-PN AT A FUTURE DATE) BY THE ORIENTATION DATE BEFORE CLASS STARTS. NO EXCEPTIONS. IF A PROSPECTIVE STUDENT RECEIVES AN OUTCOME LETTER THAT CONTAINS AN “AGREED ORDER”, THE OUTCOME LETTER AND THE AGREED ORDER MUST BE SUBMITTED TO THE LVN PROGRAM DIRECTOR FOR REVIEW.

Student Rights: If the student believes their background information is incorrect, the student is responsible for providing the evidence of the inaccuracy of the information to the investigating agency. The student will not be able to enroll in the nursing program until the question is resolved.

Board of Nursing Petition for Declaratory Order: A student who has any criminal offense other than a very minor traffic violation, or has been diagnosed with mental illness, or has a history of substance abuse (i.e. the answer is “yes” to any of questions on the next page), is eligible for admission into the LVN program ONLY if the student has:

  1. Submitted a Petition for Declaratory Order to the Texas Board of Nursing (BON) requesting the BON to further investigate their situation. 

AND

  1. Received a written response to the Petition for Declaratory Order from the BON stating the student is eligible to take the NCLEX- PN in the future.

Note: Satisfactory criminal background check findings are determined by the licensure eligibility criteria established by the BON and standards mandated by clinical affiliates and VN program policy. Additionally, statutory law (Texas Occupations Code Chapter 53) requires Alvin Community College nursing programs to notify prospective applicants and future nurses that once licensed, criminal behavior may result in loss of licensure. Applicants who are convicted of a felony, appealing a felony conviction, or have a deferred adjudication felony are not eligible for admission to Alvin Community College nursing programs. "Conviction” is defined in Texas Administrative Code Chapter 213, RULE §213.1, #12

This policy is applicable even if a prospective student has filed a “Petition For Declaratory Order” with the BON and received BON consent to sit for the NCLEX-PN after graduation from an approved VN program.

Depending on the complexity of the student’s situation/background and the BON's workload, it may take a minimum of 6 months to 2 years for the BON to process the student’s Petition for Declaratory Order. The BON determines eligibility for future licensure on a case-by-case basis. For criminal incidents, the BON considers severity of the offense, how long ago the offense was committed, and the behavior of the individual since the incident.

The following page is a document provided by the Texas BON. The ACC VN program is not asking for the answer to these questions. It is simply a guide provided by the Texas BON. If you are able to answer "NO" to all questions on the next page, DO NOT submit a Petition for Declaratory Order to the BON.

IF YOU CAN ANSWER "YES" TO ANY OF THE QUESTIONS BELOW, IT IS STRONGLY ADVISED THAT YOU BEGIN THE DECLARATORY ORDER PROCESS NOW. You do not have to wait to hear in January whether you are conditionally accepted to the LVN program in order to submit a Petition for Declaratory Order to the BON. 

 

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