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A licensed nurse in Texas may be subjected to a disciplinary proceeding before the Texas Board of Nursing. Whenever a LVN nurse finds himself in such situation, he will need to find the best good defense lawyer in the country. This is important, as it is his only chance to protect his license. Otherwise, the BON may find him guilty in the administrative case and order for the revocation of his license.

The disciplinary proceedings before the Texas Board of Nurse (BON) is an administrative proceeding wherein LVN nurses are charged for the commission of an offense or violation of certain state laws. A LVN nurse was one of the thousands of nurses charged before the BON. The complaint alleged that while employed as a LVN nurse, she failed to provide nursing care of one patient.

On July 20, 2012, while holding a permanent license as a vocational nurse in Texas and employed in a medical center, while caring for a patient, the LVN nurse documented (2) two hydrocodone 7.5/Acetaminophen tablets at 0775, 1016, 1256, and 1535, instead of every 4 hours as prescribed. The conduct of the LVN nurse was likely to injured the patient in that the administration of Hydrocodone-APAP in exercise frequency of the physician’s order could have resulted in the patient suffering from adverse reaction.

The violation of the LVN nurse is provided under this law:

Sec. 301.452 provides for the 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.

Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679 and ask for attorney Yong.