The administrative body in the state of Texas that has authority to hear and decide cases arising from the practice of nursing is the Texas Board of Nursing (BON). This government agency provides certain rules and regulations that will govern the acts and omissions of every LVN or RN nurse in the country.
If you are a practicing RN nurse in Texas, it is important that you comply with all the statutes or laws. Otherwise, you will be subjected to a complaint or case before the Texas Board of Nursing.
As a LVN nurse, it is necessary that you avoid committing any violation while you are engaged in the practice of professional nursing. In case that there is a violation, a complaint may be filed against you before the Texas Board of Nursing (BON). This is exactly what happened in the case of Jenny who is a registered nurse in the state of Texas.
A case was filed against here before the Texas Board of Nursing (BON). While employed as Owner or Administrator of a Home Health institution, the LVN nurse struck a staff member’s hand and pushed her away from the door when the staff member tried to leave the office after submitting her resignation. The staff member filed a police report with the Brownsville Police Department.
In the complaint, it was alleged that the act of the nurse was likely to injure the staff member and could have resulted in the staff member suffering from emotional distress. The act of the nurse was a violation of the Texas Occupation Code, which provides that:
Sec. 301.452. Grounds for Disciplinary Action.
(a)In this section, intemperate use includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs.
(b) A person is subject to denial of a license or to disciplinary action under this subchapter for:
(1) a violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order issued under this chapter;
(2) fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing;
(3) a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude;
(4) conduct that results in the revocation of probation imposed because of conviction for a felony or for a misdemeanor involving moral turpitude;
(5) use of a nursing license, diploma, or permit, or the transcript of such a document, that has been fraudulently purchased, issued, counterfeited, or materially altered;
(6) impersonating or acting as a proxy for another person in the licensing examination required under Section 301.253 or 301.255;
(7) directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized practice of nursing;
(8) revocation, suspension, or denial of, or any other action relating to, the person’s license or privilege to practice nursing in another jurisdiction or under federal law;
(9) intemperate use of alcohol or drugs that the board determines endangers or could endanger a patient;
(10) unprofessional conduct in the practice of nursing that is likely to deceive, defraud, or injure a patient or the public;
(11) adjudication of mental incompetency;
(12) lack of fitness to practice because of a mental or physical health condition that could result in injury to a patient or the public; or
(13) failure to care adequately for a patient or to conform to the minimum standards of acceptable nursing practice in a manner that, in the board’s opinion, exposes a patient or other person unnecessarily to risk
of harm.
Unfortunately, the hire nursing defense attorney hired by the LVN nurse failed to provide substantive laws and certain evidence to defend the charges. This led to an adverse decision rendered by the Texas Board of Nursing (BON). As a result, his nursing license was revoked with finality.
Avoid the similar thing from happening on your end. Make sure to find the right defense lawyer in case a complaint will be filed against you before the Texas Board of Nursing (BON). Consult with Texas nurse attorney Yong J. An today if you have any questions about your response letter or the disciplinary process by calling or texting him at (832) 428-5679 day, night or weekends.