The Texas Board of Nursing (BON) is the government agency that has jurisdiction to hear and decide administrative cases involving a RN or LVN nurse. The Board has the power to reprimand the nurses for any violation of the administrative rules and regulations that every nurse is bound to follow. Aside from this, it also has the power to order the suspension or cancellation and revocation of a nursing license.
In exercising the inherent powers of the Texas Board of Nursing (BON), it is important that it observes substantive and procedural due process. Every nurse who has a pending case with the Board must be given the right to be notified of the charges against him as well as the right to be heard. Another right available to him to the right to be represented by a counsel. Unfortunately, many nurses waive their right to a lawyer. Because of this, they are often placed in the losing end.
Take for example the case of Savanah who is a vocational nurse in Texas. Right after she passed the Board, she immediately worked at a medical center. Two years after her employment, the LVN nurse was called out by the hospital administration for her failure to take patient’s Nexium to the pharmacy for proper labeling when it was approve by the physician to substitute for Protonix.
Aside from this, the LVN nurse also failed to document the conducted occurrence in his nursing notes. Subsequently, Savanah administered Nexium to the patient but she documented in her electronic medical record a different substance. She recorded that Protonix was administered when in truth and in fact, it was a different medication. The conduct of the LVN nurse resulted in an inaccurate medical record which was likely to injure the patient in that subsequent care givers would not have accurate information on which to base their care direction.
Eventually, a case was filed against her before the Texas Board of Nursing (BON). Instead of actively participating in the hearing of the case, the vocational nurse chose to waive his right to a counsel. She did not present any evidence to help her defend her case. The Board declared her guilty for the offense charge. As such, she was suspended from the practice of the nursing profession. Moreover, the Board ordered her to undergo probation.
Consult with Texas nurse attorney Yong J. An today if you have any questions about your response letter or the disciplinary process by calling or texting him at (832) 428-5679 day, night or weekends.