Any LVN or RN nurse who committed malpractice, dishonorable act or violation of state laws may be subjected to disciplinary action. The governmental agency that has the authority to deal with the acts and omissions of the nurses in Houston is the Texas Board of Nursing (BON). This agency is composed of several members who are responsible for hearing and deciding any complaint or case filed before an LVN/RN. While on the other hand, a nurse attorney is the one who helps nurses face the accusation or any case filed against them.

If you are summoned to appear before a licensing board regarding a disciplinary incident, you will need an experienced nurse attorney in Texas who knows how to handle nurse cases.

At the time of the initial incident, she was employed as an RN at a hospital in Dallas, Texas, and had been in that position for approximately five (5) months.

On or about August 26, 2017, while employed as an RN at a hospital in Dallas, Texas, RN did the following:

1. RN exhibited unprofessional behavior in that during shift change she stated, “I just want to F* *** ** give report and get the f* ** out of here,” loud enough that it was heard by a patient. Additionally, RN appeared annoyed physically and, in her tone, when asked questions for clarification of patient care and interrupted another shift change report in front of the patient’s family members. RN’s conduct was inappropriate and could have been disruptive to the patient’s treatment.

2. RN lacked the fitness to practice professional nursing in that she was observed sleeping at the nurse’s station during her shift. RN’s conduct 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.

In response, RN denies unprofessional behavior, denies conduct that was inappropriate and could have been disruptive to the patient’s treatment. Additionally, RN notes that she was at the end of three consecutive twelve plus-hour shifts. RN explains that all needed and pertinent patient information was provided to the oncoming nurse who had covered this shift in her previous shift. Furthermore, RN denies sleeping at the nurse station.

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10),(12)&(13), Texas Occupations Code, and a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(T) and 22 TEX. ADMIN. CODE §217.12(1)(B),(1)(E),(4)&(5).

As a result, the Texas Board of Nursing decided to place her RN license under 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 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. He is an experienced nurse attorney for various licensing cases for 16 years and represented over 150 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.

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