Sleeping while on duty is the most common mistake an RN could make. The Board may find an RN lacked the fitness to practice because of this reason. Although there are other factors and aspects to look for if you are really a fit to practice nursing. If you are summoned by the Board, you need a nurse attorney to represent you in court.

At the time of the initial incident, she was employed as an RN with a pediatric healthcare services provider in College Station, Texas, and had been in that position for three (3) months.

On or about January 30, 2020, while employed as an RN with a pediatric healthcare services provider in College Station, Texas, and assigned to provide nursing care to a patient, RN lacked the fitness to practice nursing in that she was found to be sleeping while on duty. RN’s conduct was likely to injure the patient in that it adversely affected her ability to recognize subtle signs, symptoms, or changes in the 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 patient in potential danger.

In response to the above incident, RN states during the night the room she was in became unusually cold and in an attempt to stay warm she wrapped up in her sweater and completed her charting. She states she started reading on her iPhone, and a moment later the patient’s mother opened the door. She states at that point she realized she lightly dozed off for a moment. RN states it was a momentary, unintentional event, that should not be considered a lack of fitness. She states she would not consider herself to have been in a deep sleep and was easily aroused, alert and oriented. She states she was not under any influence of drugs or alcohol.

The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(B)&(1)(T) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(E)&(4).

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.

Make sure that you will not make the same mistake as the RN mentioned above in her case before the Texas Board of Nursing (BON). 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. Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 16 years and represented over 200 nurses before the Texas BON. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.