Controlled Substances are illegal drugs. These are also used as prescription drugs that are regulated by the law. If an RN is accused in whatever use of the Controlled Substances, a criminal case will be filed against you. So, it is best to seek help from a nurse attorney, before the worst can happen to your license and career.

At the time of the initial incident, she was employed as an RN at a healthcare facility in El Paso, Texas, and had been in that position for three (3) years and five (5) months.

On or about May 8, 2020, while employed as an RN at a healthcare facility in El Paso, Texas, RN was accused of the following:

1. RN lacked the fitness to practice nursing in that she drove her car into a parked car in the employee parking lot and was observed to be confused. 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 Benzodiazepines and Opiates in that she submitted a specimen for a for-cause drug screen which resulted in a positive for Benzodiazepines and Opiates. Unlawful possession of Benzodiazepines and Opiates is prohibited by Chapter 481 of the Texas Health & Safety Code (Controlled Substances Act). The use of Benzodiazepines and Opiates by a Registered Nurse, while subject to call or duty, could impair the nurse’s ability to recognize subtle signs, symptoms, or changes in the 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 the patient in potential danger.

In response, RN admits she hit another car, and she explains she had developed some medical problems including meningitis, hypertension, severe migraines, breast cancer and had suffered two (2) strokes. RN states she would take Tylenol #3 at 3 am or 4 am to take the edge off the headaches but never took any at work. RN included a medication profile that includes prescriptions for Valium, Tylenol #3, Fioricet, Xanax, and Lorazepam.

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),(4),(5),(10)(A),(10)(D)&(11)(B).

However, without enough evidence to prove she’s not guilty, the RN lost the case. This is the reason why the Texas Board of Nursing placed her RN license under disciplinary action.

Do not be stressed or anxious if you find yourself in a similar situation as that of the RN mentioned above. All you need to do is to find the right nurse attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 200 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-4579.

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