Allegations and complaints while at work are serious cases, which is why a nurse attorney is needed if you get accused of this kind of scenario. Those who believed they were guilty of the charges didn’t hire the appropriate nurse attorney because they believed their RN or LVN license was already at risk. However, that is not entirely the case as there is still hope. Let’s take a look at a recent incident highlighted below.
On or about April 4, 2020; April 18, 2020, and April 19, 2020, while employed as an RN at a hospital in Garland, Texas, RN was accused of the following:
- RN withdrew pain medication 2 mg, Hydrocodone 5/325 mg, and Lorazepam 1mg from the medication dispensing system for five (5) different patients 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 pain medication 2 mg, Hydrocodone 5/325 mg, and Lorazepam 1mg belonging to the facility and patients thereof or failed to take precautions to prevent such misappropriation.
In response, the RN stated she was a floater who was working in COVID-19 units at the time and as such, the workstation on wheels (WOW) could not be taken into the patients’ rooms. Nurses were expected to withdraw medications, don their PPE, administer the medications, and then document the administration at the nurse’s station. However, each nurse was left to develop their own system as there were no specific instructions on how to memorialize information since nothing could be brought in/out of the patients’ rooms. She kept track of medications on a handwritten list, but it proved ineffective due to varying circumstances such as when patients refused their meds and/or interruptions and logjams with nurses while waiting to manually document administrations at the nurse’s station. RN mentioned that she did not divert or misappropriate any medications.
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)(B),(1)(C),(4),(6)(G),(8),(10)(C),(10)(E)&(11)(B).
However, without enough evidence to prove she was not guilty, the RN lost the case. This is the reason why the Texas Board of Nursing placed her RN license under disciplinary action.
If you ever undergo cases such as this, it’s best to seek the assistance of a good nurse attorney as it could make the case better in your favor. Be sure to find a nurse attorney who is experienced and knowledgeable in several nurse cases to ensure the best assistance possible.
If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed against you, you should hire a nurse attorney immediately. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. He has been an experienced nurse attorney for various licensing cases for the past 16 years and represented plenty of nurses before the Texas BON. To contact him, please dial (832) 428-5679 for a confidential consultation or for more inquiries.