Any type of accusation can be defended if there is a nurse attorney ready to assist you during the hearing before the Board of Nursing. The Texas Board of Nursing has full jurisdiction regarding cases that may affect an RN or LVN’s license from suspension, disciplinary action, or revocation.
At the time of the initial incident, she was employed as an LVN at a senior care provider facility in Abilene, Texas, and had been in that position for two (2) months.
On or about October 7, 2019, while employed as an LVN at a senior care provider facility in Abilene, Texas, LVN did the following:
1. LVN failed to report to the appropriate personnel that Resident A threatened to kill another resident. Additionally, LVN instructed the nurse who notified her of the resident’s threats to not document the incident in the resident’s medical record. LVN’s conduct created an incomplete medical record and unnecessarily exposed the residents to a risk of harm.
2. LVN failed to immediately report that Resident B threatened suicide. Instead, LVN waited until the next day to report the incident to the appropriate personnel. Additionally, LVN failed to document the incident in the resident’s medical record. LVN’s conduct created an incomplete medical record and unnecessarily exposed the resident to a risk of self-harm.
In response, regarding Resident A, LVN denies telling the nurse not to document the incident between Resident A and another resident. LVN states that she told the nurse not to document until she spoke with the Assisted Living Director regarding the wording. Regarding Resident B, LVN states she was informed of the resident’s suicidal ideation on October 7, 2019, and interviewed the resident herself, but he denied the outcry at that time. LVN admits she forgot to document the incident due to being overwhelmed with multiple job duties. LVN admits she informed the Assisted Living Director of Resident B’s suicidal ideation the following day.
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),(1)(M)&(1)(P) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C)&(4).
However, without valid evidence to defend her side of the story, the LVN lost the case. Furthermore, the LVN failed to hire a nurse attorney to help her with her case. Because of this, the Texas Board of Nursing disciplined the LVN’s license.
Do not be stressed or anxious if you find yourself in a similar situation as that of the LVN mentioned above. All you need to do is to find a nurse attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced nurse attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 16 years and represented over 150 nurses before the Texas BON. Contact the Law Office of Yong J. An, 24/7 through text or call at (832) 428-4579.
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