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Every year, many nurses face disciplinary action by the Texas BON.   Many of these nurses fail to consult an experienced Texas BON attorney and as a result end up taking actions based only on instinct and at many times, ill-informed advice from outsiders.   The result of not responding to a letter from the Texas BON in a timely manner or taking the proper precautions to carefully prepare for your case with the Texas BON can result in unfortunate circumstances.  Many nurses also waive their rights to a hearing and do not realize that their chance of a more favorable outcome may increase by consulting an experienced nurse attorney before making any rash decisions.

Let’s examine the incident that happened to an LVN who was employed with a health services agency in Waco, Texas, and had been in that position for approximately two (2) months.

On or about October 28, 2016, while employed as LVN with a health services agency in Waco, Texas, and assigned to provide nursing care for a patient, LVN admitted she falsely documented a visit note, which included vital signs, presence of edema, and patient education. Additionally, LVN admitted she signed the patient’s initials when the patient had been admitted to the hospital on October 22, 2016. LVN’s conduct created an inaccurate medical record and was likely to injure the patient in that subsequent caregivers would rely on her documentation to further base their care.

In response to the incident, LVN admits she falsely documented the visit and has no excuse for her poor judgment. She states she immediately regretted her poor choice and notified her supervisor.

The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and is a violation(s) of 22 TEX. ADMN. CODE §217.11(1)(A)&(1)(D) and 22 TEX. ADMIN. CODE §217.12 (1)(B),(1)(C),(6)(A)&(6)(H).

The LVN eventually lost the case against her. The events led to the finding of guilt on the LVN’s part. The LVN was then disciplined by the Texas BON.

Avoid the same thing from happening in your case. Make sure to take the necessary steps in dealing with a complaint filed before the Board against you or else, your LVN license may be put in danger.

If you received a letter from the Texas Board of Nursing for any offense, it is best to consult an experienced Texas LVN attorney who can guide you on the steps you need to take to protect your RN or LVN license.

Contact a Texas BON attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. 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. Please contact him at (832) 428-5679.

 

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