Select Page

The nurse-patient relationship has a boundary that needs to follow for the sake of both sides. Sometimes a nurse or the patient can’t avoid being indulging in the good relationship they have. But nurses should always remember that boundaries are set for a purpose. If an RN or an LVN is caught violating the boundary; the Board could put her/him in disciplinary action. Such a case can be handled by a nurse attorney. A right nurse attorney could be the solution to your problem.

At the time of the initial incident, an RN was employed as a Registered Nurse at a hospital in Abilene, Texas, and had been in that position for approximately eight (8) years.

On or about September 2018 through June 2019, the RN violated professional boundaries of the nurse-client relationship in that formation and continuation of a personal relationship with a patient and the patient’s mother continued beyond the time that the RN was providing direct nursing care.

Further, on or about September 7, 2018, through April 2019, the RN inappropriately accessed the medical record of the patient on four (4) different occasions when she was not on duty in order to determine the patient’s location so she could visit the patient. The RN’s conduct violated patient confidentiality and was likely to injure the patient in that it could have resulted in confusion between the needs of the nurse and those of the patient.

In response, the RN states that although she accessed the patient’s information, she did so in good faith. The RN states she did not wrongfully access or disclose any private health information in this case and never used or abused private patient information for any wrongful purposes. The RN states the person/patient whose information was accessed never complained and is aware of the occurrence. According to the RN, she had authorization from the patient’s mother to access her son’s medical chart. The RN treated this 11-year-old patient while working in the Emergency Department (ED) in early September 2018. The RN admits she accessed the chart four times while he was at the hospital. When the patient was in the ED, the RN explains she took great care to avoid being his primary nurse, as she realized that she was emotionally connected to him and his family. The RN states she visited the patient and his mom during his illness and advocated for the patient and his mom regarding hospice care and nursing needs. The RN acknowledges that she should have obtained the patient room information another way and that she has learned from this case about accessing patient information.

As a result, the RN will be subject to discipline and may be given a sanction for the inappropriate actions that she did. It that the evidence received is sufficient cause pursuant to Section 301,452(b)(10)&(13), Texas Occupations Code. The RN could have not been in such situation if she had consulted and hired a nurse attorney for the case.

Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of Nurse Attorney Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679 and ask for attorney Yong.