When the Texas Board of Nursing (BON) has a complaint against you, you should seek the right nurse attorney. Any RN or LVN found guilty of violating the state laws and regulations may be subjected to a disciplinary case which may lead to revocation or suspension of her RN or LVN license. The trend is for employers to refer a case to the Texas BON to discipline a nurse and at the same time terminate your employment in most of the cases.
At the time of the initial incident, she was employed as an RN at a hospital in Midland, Texas, and had been in that position for three (3) years.
On or about June 8, 2021, while employed as an RN at a hospital in Midland, Texas, RN was accused of the following:
- RN withdrew Hydrocodone from the medication dispensing system for a patient but failed to document, or accurately and completely document, the administration of the medications in the patient’s Medication Administration Record (MAR) and/or Nurse’s Notes. RN’s conduct was likely to injure the patient, in that subsequent care givers would rely on her documentation to further medicate the patients which could result in an overdose. Additionally, RN’s conduct placed the hospital in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
- RN withdrew Hydrocodone from the medication dispensing system for a patient but failed to follow the facility’s policy and procedure for wastage of the unused portions of the medications. 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 misappropriated one (1) tablet of Hydrocodone 5/325 mg belonging to the facility and the above mentioned patient or failed to take precautions to prevent such misappropriation. RN’s conduct was likely to defraud the facility and patients of the cost of the medications.
In response, RN states on June 7th, early morning hours she took out one Hydrocodone for a female patient who had been complaining of pain. RN states she did not scan this medication, but she did give this medication to her. RN states the patient was confused throughout the night and she documented this. RN states she did not have a CNA during that shift and had indeed made rounds. RN states she did give this medication.
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)(C)&(1)(D) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(C),(4),(6)(G),(8),(10)(C),(10)(E)&(11)(B).
The evidence against the RN was strong. At the same time, she was not able to properly defend her case in court. As a result, her nursing license was placed under disciplinary action.
Avoid the similar thing from happening on your end. Make sure to find the right defense attorney in case a complaint will be filed against you before the Texas Board of Nursing (BON). For more details or for a confidential consultation regarding accusations, it’s best to contact an experienced Texas nurse attorney. 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. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.