When you are a nurse in Texas, the first thing that you need to take into consideration is compliance with all its rules and laws. There is a necessity to follow not only the state laws or regulation but also the administrative rules promulgated by the Texas Board of Nursing (BON). The Board has the jurisdiction over all complaints and cases filed against professional nurses.
Once a LVN or RN is proven to be guilty of the offense charged, the Texas Board of Nursing (BON) may order the suspension or revocation of the license. The revocation maybe permanent or temporary, depending on the veracity of the offense committed. At the same time, the Board may also order for the suspension of a nurse.
In one of the recent cases heard by the Board, a LVN (licensed vocational nurse) became involved in a case. On or about February 1. 2015 through September 4, 2015, while employed in a hospital, he practiced as a LVN nurse without a valid license. His license expired as early as January 31, 2015, and was not renewed until September 4, 2015. The conduct of the LVN deceived patients, their families, fellow caregivers, and the public in that they believed that the LVN’s nursing practice was in compliance with all board rules and regulation.
The act of the LVN nurse violated this provision:
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.
During the hearing of the case, the LVN nurse did not hire the assistance of a nursing defense attorney. As such, he was not able to defend himself before the Board. Eventually, the Texas Board of Nursing (BON) revoked his license to practice vocational nursing.
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.