Malpractices have been a signature specialty of an experienced 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.
One such incident occurred on or about December 10, 2012, to an RN in El Paso, Texas. During the said period of time, the RN misappropriated a triplicate prescription belonging to the facility and patients, thereof, or failed to take precautions to prevent such misappropriation. Her conduct was likely to defraud the facility and patients, thereof, of the cost of the medications.
On or about December 16, 2014, the RN obtained sixty tablets of Methylphenidate 5mg and thirty tablets of Methylphenidate Er 20mg from Kroger Pharmacy, Fort Worth, Texas, through the use of unauthorized prescriptions, using the name of a Drug Enforcement Administration (DEA) agent.
The RN’s conduct was likely to deceive the pharmacy and possession of Methylphenidate through use of unauthorized prescriptions is prohibited by Chapter 481 of the Texas Health and Safety Code (Controlled Substances Act).
On or about December 10, 2014, through December 16, 2014, the RN may have lacked fitness to practice professional nursing in that she reported she misappropriated a prescription and filled the unauthorized prescription in order to ‘cognitively perform’ her job. Her condition could have affected her ability to recognize subtle signs, symptoms or changes in patients’ 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.
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 RN attended for her career’s security.
During the defense, the RN admits she misappropriated a prescription written for a patient and filled that prescription for her own use. She states she needed the medications to cognitively perform her job. Respondent states her actions may have reflected a perceived drug dependency.
As a result, the Texas Board of Nursing placed her RN 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.