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All LVN or RN is under the jurisdiction of the Texas Board of Nursing (BON). All complaints or cases concerning the practice of the RN or LVN license are lodged before the Texas Board of Nursing (BON). Thereafter, the members of the Board will hear the case and decide on the issues or matters submitted for resolution. The parties charged are given an opportunity to be heard. This is part of their right to due process.
In one of the recent cases decided by the Texas Board of Nursing (BON), an LVN failed to defend her LVN license. Before a case was filed against her, she was employed as a staff nurse in a state hospital.
On or about February 1, 2018, through February 19, 2018, the LVN signed out thirteen Lorcet 5/325mg tablets, six Hydrocodone 7.5/325mg tablets, one Tramadol 50mg tablet, one Zolpidem Tartrate 10mg tablet and two Hydrocodone 10/325mg tablets, from the individual control drug sheets for several patient, but failed to document and accurately and completely document the administration of the medications in the residents’ Medication Administration Records (MAR) and Nurses’ Notes.
Subsequently, she signed out these medications, but failed to follow the facility’s policy and procedure for wastage of the unused portions of the medications. Her conduct left medications unaccounted for, was likely to deceive the hospital pharmacy, and placed the pharmacy in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
Her conduct was also likely to injure the patients, in that subsequent care givers would rely on her documentation to further medicate the patients, which could result in an overdose. Additionally, her conduct placed the hospital in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
Because of this, the LVN was summoned by the Texas Board of Nursing, During the defense, she denies the allegations and states she kept very specific and careful documentation. Furthermore, the LVN relates she signed out each narcotic in accordance with policy and procedure and there was never a narcotic count discrepancy regarding her counts.
With the lack of a good nurse defense attorney to help her, the LVN was disciplined and suspended.
Do you have questions about the Texas Board of Nursing disciplinary process? Contact Nurse Attorney Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679 and ask for attorney Yong.