Alcohol abuse while at work is a serious case, which is why a skilled nurse attorney is needed if you get accused of this kind of scenario. However, some who thought they were guilty of the charges failed to hire a nurse attorney just because they thought it’s the doom for their RN or LVN license already. But that is not entirely the case as there is still hope.

At the time of the initial incident, she was employed as an LVN with a home healthcare services provider in Bryan, Texas, and had been in that position for three (3) years and six (6) months.

On or about August 4, 2020, while employed as an LVN with a healthcare services provider in Bryan, Texas, and assigned to a pediatric patient, LVN engaged in the intemperate use of alcohol while on duty in that an empty can of wine, belonging to the patient’s family, was found in the patient’s drawer and LVN was seen on video drinking from the can several times. The use of alcohol by a Nurse, while subject to call or duty, could impair the nurse’s ability to recognize subtle signs, symptoms, or changes in a patient’s condition, and could impair the nurse’s ability to make rational, accurate, and appropriate assessments, judgements, and decisions regarding patient care, thereby placing a patient in potential danger.

In response to the above incident, LVN did not directly address the allegation, however, she does state that she did nothing that affected her ability to carry out her duties to the patient, however, she did have a lapse in judgement.

The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(9),(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(O) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4),(5)&(10)(A).

A case was ultimately filed against her before the Texas Board of Nursing (BON). The said allegation was fatal to the LVN’s capability to perform the essential functions and duties. Sad to say, the nursing defense attorney who handled her case was not able to properly defend her interests and rights before the Board. The Texas Board of Nursing (BON) found her guilty of the offense alleged in the complaint and decided to place her RN license under disciplinary action.

If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed against you, you should hire a nurse attorney immediately before it’s too late. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 200 nurse cases for the past 16 years. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.

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