It is commonly known that the Texas Board of Nursing does not allow any type of behavior that can jeopardize the quality of healthcare provided across Texas hospitals, medical centers, home healthcare facilities, and any other facilities that employ nurses. If a nurse in Texas demonstrates any type of conduct that interferes with providing proper care to patients, the Texas BON will intervene with disciplinary action. But never worry as a nurse attorney is always there to help every RN/LVN.
This is exactly what happened to an RN in 2020. At the time of the initial incident, she was employed as an RN at a medical facility in Austin, Texas, and had been in that position for three (3) years and four (4) months.
On or about November 20, 2020, while employed as an RN at a medical facility in Austin, Texas, RN did the following:
1. RN lacked the fitness to practice nursing in that she exhibited signs of impaired behaviors, including, but not limited to: unsteadiness, slurred and slow speech, involuntary eye movements, and poor motor coordination in that she was unable to open a door with her key. RN’s condition could have affected her ability to recognize subtle signs, symptoms, or changes in patient’s conditions, and could have affected her ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patients in potential danger.
2. RN engaged in the intemperate use of alcohol in that she provided a specimen for a reasonable suspicion drug screen that produced a positive result for alcohol. The use of alcohol by a Nurse, while subject to call or duty could impair the nurse’s ability to recognize subtle signs, symptoms, or changes in a patient’s condition, and could impair the nurse’s ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing a patient in potential danger.
In response, RN states she relapsed with alcohol the first week of November due to multiple stressors. RN states on the date of the incident, she was extremely hungover and took prescribed muscle relaxers for back pain. RN states the rest of the day is a blur and she woke up in the emergency department. RN states she had been sober for more than 12 years.
The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(9),(10),(12)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(T) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(E),(4),(5),(10)(A)&(10)(D).
Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her RN license was subjected to disciplinary action. She did not hire a skilled Texas BON attorney to fully defend her case which led to this decision by the Texas Board of Nursing.
Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of Texas BON Nurse Attorney Yong J. An for a confidential consultation by call or text 24/7 at (832) 428-5679. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 150 nurse cases for RNs and LVNs for the past 16 years.