Criminal cases have been a signature specialty of a skilled nurse attorney when handling cases for some nurses. However, some nurses tend to forget this fact because they really felt like they should be responsible even if they never intended to commit such an error.

On or about June 27, 2012, an LVN from Houston submitted a Texas Online Renewal Document Licensed Vocational Nurse to the Texas Board of Nursing in which she provided false, deceptive, and misleading information, in that she answered “No” to the question:

“Have you, within the past 24 months or since your last renewal, for any criminal offense, including those pending appeal: A. been convicted of a misdemeanor?

  • been convicted of a felony?
  • pled nolo contendere, no contest, or guilty?
  • received deferred adjudication?
  • been placed on community supervision or court-ordered probation, whether or not adjudicated guilty?
  • been sentenced to serve jail or prison time?
  • court-ordered confinement?
  • been granted pre-trial diversion?
  • been arrested or have any pending criminal charges?
  • been cited or charged with any violation of the law?
  • been subject of a court-martial;
  • Article 15 violation; or received any form of military judgment/punishment/action?”

The LVN failed to disclose that on or about September 29, 2010, she was convicted of DRIVING W/LIC INV W/ PREV CONV/SUSP W/O FIN RES, a Class B misdemeanor offense committed on May 23, 2010.

This issue was filed as a complaint and sent to the Texas Board of Nursing. The Texas Board of Nursing has full jurisdiction in all cases that may affect the status of an RN or LVN’s license in the future. But they advise nurses to attend a hearing first before placing the sentence, which the LVN attended for her career’s security.

As a result, the Texas Board of Nursing placed her LVN license to disciplinary action. It’s too bad that she failed to hire a nurse attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she actually sought legal consultation from a Texas nurse attorney as well.

So if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.