Many people want to become LVN or RN nurses in the state of Texas. These individuals strive hard in finishing their nursing degree in order to qualify for the board examination handled by the Texas Board of Nursing (BON). This only shows that this kind of profession is really popular in the country. Since the number of professional nurses keeps on increasing every year, the government of Texas has enacted certain rules and regulations for the protection not only of the patients but even the nurses themselves.

Notwithstanding these laws, there are still a high number of registered nurses who keep on violating the statues and special laws enacted by the government. This is the primary reason why there are many complaints filed before the Texas Board of Nursing (BON). One of the nurses involved in a particular case is Cassie. Her case was unique because the nursing problems occurred even before she was employed in a hospital.

In the complaint filed against him, it was stated that a specimen for pre-employment drug screen resulted positive for the presence of Propoxyphene. The possession of Propoxyphene without a valid prescription is prohibited, by chapter 481 of the Texas Health & Safety Code. The use of Propoxyphene by a nurse, while to call or duty, could impair the nurse’s ability provide accurate care to the patients. At the same time, the conduct of the RN nurse was a clear violation of the Texas Administrative Code, which provides for the following:

Sec. 301.452 provides for the grounds for disciplinary action:

(a)In this section, intemperate use includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs.

(b) A person is subject to denial of a license or to disciplinary action under this subchapter for:

(1) a violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order issued under this chapter;

(2) fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing;

(3) a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude;

(4) conduct that results in the revocation of probation imposed because of conviction for a felony or for a misdemeanor involving moral turpitude;

(5) use of a nursing license, diploma, or permit, or the transcript of such a document, that has been fraudulently purchased, issued, counterfeited, or materially altered;

(6) impersonating or acting as a proxy for another person in the licensing examination required under Section 301.253 or 301.255;

(7) directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized practice of nursing;

(8) revocation, suspension, or denial of, or any other action relating to, the person’s license or privilege to practice nursing in another jurisdiction or under federal law;

(9) intemperate use of alcohol or drugs that the board determines endangers or could endanger a patient;

(10) unprofessional conduct in the practice of nursing that is likely to deceive, defraud, or injure a patient or the public;

(11) adjudication of mental incompetency;

(12) lack of fitness to practice because of a mental or physical health condition that could result in injury to a patient or the public; or

(13) failure to care adequately for a patient or to conform to the minimum standards of acceptable nursing practice in a manner that, in the board’s opinion, exposes a patient or other person unnecessarily to risk of harm.

A case was ultimately filed against her before the Texas Board of Nursing (BON). The said allegation was fatal to the RN nurse’s capability to perform the essentials functions and duties. While the case was being heard by the BON, it was shown that the act of respondent RN nurse was likely to injure patients. The BON ordered for the suspension of his professional nursing license.

Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. Contact the Law Office of Yong J. An and text or call attorney Yong 24/7 at (832) 428-4579.