Being a professional nurse in Texas is not an easy thing to do. There are so many things that you need to take into consideration if you want to continue using your nursing license. The Texas BON can suspend your license whenever you are found liable of any violation. As a matter of fact, the Board can even order for the revocation of your license with finality. When this happens, you are no longer allowed to continue being a RN or LVN nurse in the state of Texas.
Do not worry because the Texas Board of Nursing (BON) always conducts hearing of all the cases before imposing any punishment or fine to the erring nurse. During the proceedings before the Board, the RN or LVN nurse is given an opportunity to be heard by defending himself. The assistance of a nursing defense attorney is not mandatory. This right can be waived by the RN or LVN nurse whenever he wants to. However, this is not highly recommended because failure to get proper representation by an expert counsel can lead to adverse effects.
The important case in point here is one that involved a RN nurse named Stuart. On or about August 15, 2014, while employed in a medical center, the RN nurse took care of a patient who has a high fever. The patient, who was admitted with a diagnosis of ever-unknown origin (FUO), had an initial temperature of 104.1 F. As a protocol, the RN nurse must follow up the patient by checking his temperature again. However, he failed to assess and to evaluate subsequent temperature of patient.
Because of this, the RN nurse was subjected to an administrative case. It was argued by the complainant that the act of Stuart was likely to injure the patients by eliminating the opportunity for the nursing staff to be aware of the patient’s changing conditions in order that necessary medical intervention be obtained in a timely manner. The RN nurse was accused of violating this law:
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.
The Texas Board of Nursing only ordered that the LVN nurse should receive the sanction of suspension. The Board also emphasized that the RN nurse should avoid committing the same error again in the future. If you do not want yourself to be in the same position as Stuart, then make sure to find the right nursing defense attorney to help you.
Contact a Texas nurse attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.