Working as a nurse can be challenging. There are several laws and regulations that every LVN or RN nurse must follow. In case of failure to abide with the state-imposed statutes and regulations, there is a high possibility that the Texas Board of Nursing (BON) will revoke the nursing license. The said Board is the government agency that is mandated to regulate the nursing profession in Texas.
The Texas Board of Nursing (BON) makes it to a point that all administrative cases are heard properly. The members of the Board convene whenever there are cases that must be decided. When it comes to coming up with a resolution or decision, the majority members of the Board must convene. Only when there is a quorum that they are allowed to conduct business during meetings.
At this point, it must be noted that every LVN or RN nurse has the right to due process before the Texas Board of Nursing (BON). No LVN or RN nursing license is revoked automatically. There is a great need to undergo the process of trial and hearing in order to find out whether the nurse involved in guilty of the charged offense. This is what happened to the case of Amy.
Amy was a RN nurse in the state of Texas. She was hired as a nurse staff in a local hospital. While working on duty, Amy removed nine (9) Hydrocodone 7.5/325mg tablets and one (1) Hydrocodone 5/325mg tablet from the Medication Dispensing System (Omnicell) for five different patients. One of the important rules in the hospital is that every time a RN nurse withdraws medications, she needs to create a record for it. Unfortunately for Amy, she failed to do this.
The RN nurse was not able to document or accurately and completely recod the administration of the medication in the patients’ medication administration record (MAR) and/or nurse’s notes. The conduct of the RN nurse was 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. The act of the RN nurse was also a clear violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
The law provides:
Sec. 481.071. MEDICAL PURPOSE REQUIRED BEFORE PRESCRIBING, DISPENSING, DELIVERING, OR ADMINISTERING CONTROLLED SUBSTANCE. (a) A practitioner defined by Section 481.002(39)(A) may not prescribe, dispense, deliver, or administer a controlled substance or cause a controlled substance to be administered under the practitioner’s direction and supervision except for a valid medical purpose and in the course of medical practice.
(b) An anabolic steroid or human growth hormone listed in Schedule III may only be:
(1) dispensed, prescribed, delivered, or administered by a practitioner, as defined by Section 481.002(39)(A), for a valid medical purpose and in the course of professional practice; or
(2) dispensed or delivered by a pharmacist according to a prescription issued by a practitioner, as defined by Section 481.002(39)(A) or (C), for a valid medical purpose and in the course of professional practice.
(c) For the purposes of Subsection (b), bodybuilding, muscle enhancement, or increasing muscle bulk or strength through the use of an anabolic steroid or human growth hormone listed in Schedule III by a person who is in good health is not a valid medical purpose.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.03(b), eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 745, Sec. 11, eff. Jan. 1, 1998.
Eventually, the case reached the Texas Board of Nursing (BON) wherein Amy, the RN nurse, was found guilty for the wrongful act. As a result, the Board decided to take away her nursing license and prohibited her from engaging in any related activities to her profession.
What happened to the LVN nurse in this case is really disheartening. This is why it is important to find the best nursing defense attorney in town. If you have received a letter from the Texas BON for use of drugs/alcohol or any other offense, it is best to consult an experienced Texas Nurse Defense Attorney who can guide you on the steps you need to take to protect your nursing license.