It’s best to seek the help of a nurse attorney when facing different complaints and allegations about not following policy and procedure of documenting wastage of medication. However, there are nurses that tend to face the results instead without thinking that nurse attorneys are always reliable for matters such as these.
At the time of the initial incident, an LVN was employed as a Licensed Vocational Nurse at a hospital in Midland, Texas, and had been in that position for one (1) year and eight (8) months.
It was on or about September 30, 2019, the LVN falsified a physician’s order for Oxycodone 10/325mg for a patient, who was not her assigned patient, and who did not have any complaints of pain. Additionally, the LVN altered the PACU Record to reflect that the patient reported an 8/10 pain level. Further, the LVN falsely documented that she administered Oxycodone to the patient. The LVN’s conduct was deceptive, created an inaccurate medical record, and placed the facility in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
On or about September 30, 2019, the LVN inappropriately altered a physician’s order for Oxycodone for a patient, who was not her assigned patient, to reflect that two (2) tablets were ordered instead of one (1). Additionally, the LVN altered the medication administration record (MAR) to reflect that two (2) tablets of oxycodone had been administered to the patient. The LVN later admitted to altering the record and stated that she took one tablet for herself because she ran out of her own prescription. The LVN’s conduct was deceptive, created an inaccurate medical record, and was likely to injure the patient in that the administration of oxycodone in excess of the physician’s order could result in the patient suffering from adverse reactions. Additionally, the LVN’s conduct placed the facility in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
On or about September 30, 2019, the LVN diverted Oxycodone from the facility and patients thereof, for her own personal use. The LVN’s conduct was likely to defraud the facility and patients of the cost of the oxycodone. Furthermore, unlawful possession of Oxycodone is prohibited by Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
In regards to the incident, the LVN states this patient was assigned to another nurse and the patient’s daughter pulled back the curtain and asked the LVN to come to see the patient because she was in pain. The LVN states she looked for the assigned RN, but she was unable to locate her. The LVN states she told the patient she was going to talk to the physician about addressing her pain and tried to look for her RN again. The LVN states the physician gave her a verbal order of l tab of oxycodone 10/325 po.
The LVN states that the DON was present for this conversation and she also witnessed the removal/count with her. The LVN states she administered the oxycodone to the patient and documented the administration in the record. The LVN does not address the patient. Regarding the diversion of oxycodone, the LVN states she has never practiced nursing under the influence of any medication that had not been prescribed to her by a physician.
The LVN has to take disciplinary action from the Texas Board of Nursing as a result of his unprofessional conduct. This will surely happen if you fail to hire and ask a nurse attorney for help in dealing with any case filed against you.
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.