Following a facility’s policy and procedures is very important as well as doing proper documentation. If not done properly and accurately, it can put a patient in harm. Therefore, every RN should practice keeping accurate and complete medical records for documentation purposes. False documentation can lead and can cause negative outcomes. If you are in such a situation, it is best to consult a nurse attorney to know what proper measures to take in facing cases.
At the time of the incident, she was employed as an RN at a hospital in Wichita Falls, Texas, and had been in that position for six (6) months.
On or about August 29, 2019, while employed as an RN at a hospital in Wichita Falls, Texas, RN was accused of the following:
- RN withdrew Hydromorphone and Ketamine from the Pyxis medication dispensing system for two (2) patients but failed to follow the facility’s policy and procedures for wastage of the unused portions of the medications. In addition, RN failed to properly dispose of a Promethazine (Phenergan) vial, in that the medication was found in her backpack, along with the Hydromorphone syringe and Ketamine vial, inside her locker on August 30, 2019. RN’s 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.
- RN falsely documented in the Pyxis medication dispensing system that she wasted Hydromorphone and Ketamine with a witness when in fact the Hydromorphone syringe and Ketamine vial were found in her backpack inside her locker on August 30, 2019. RN’s conduct created an inaccurate medical record.
In response to the above incidents, RN states that she withdrew Ketamine for one of her patients, administered it, and then documented the waste with another nurse in the Pyxis; however, she did not dispose of the Ketamine in the black medication bin which is in another area away from the Pyxis. RN states that with the busy nature of the unit, she believes that she put the medication aside as last on her to-do list to dispose of in the medication bin. RN explains that something similar happened with Hydromorphone in that she wasted it with a witness, disposed of it in the sink, but prioritized stabilizing her patient and put the empty Hydromorphone syringe in her pocket. RN states that she was running late to pick up her daughter and she rushed out of the building with her backpack. On August 30, 2019, RN states that she was informed that random locker checks were being performed. RN states that when she was asked to open her locker, she was honest and explained how she was planning on placing everything in the black medication bin that day but was busy from the beginning of her shift. RN states that she had only been a nurse for 6 months at the time of the incident but took responsibility for her actions and completed three Board of Nursing classes to include: medication administration, nursing documentation, and nursing jurisprudence/ethics.
The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(D) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C),(4),(6)(A),(6)(H),(10)(B),(10)(C)&(11)(B).
Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her RN license was subjected to disciplinary action. She did not hire a skilled Texas BON attorney to fully defend her case which led to this decision by the Texas Board of Nursing.
Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of Texas Nurse Attorney Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 300 nurse cases for RNs and LVNs for the past 16 years.