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In Texas, the government has created a special agency that has the jurisdiction to handle controversies and cases involving the nursing profession. This tribunal is called the Texas Board of Nursing (BON). Every RN or LVN subjected to a disciplinary proceeding or administrative case before the Board is given an opportunity to be heard and defend himself from all accusations. Every nurse with a pending case before the Texas Board of Nursing (BON) is encouraged to hire a nurse attorney.

An RN was employed as a Registered Nurse at a hospital in Pasadena, Texas, and had been in that position for one (1) year.

It was on or about August 28, 2014, while employed as a Registered Nurse, the RN lacked the fitness to practice professional nursing in that she was found asleep on duty, and upon arousal, her speech was slurred and she had an unsteady gait. The RN’s conduct could have affected her ability to recognize subtle signs, symptoms, or changes in patient’s conditions, and could have affected her ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patients in potential danger.

And on or about April 8, 2015, the RN entered a plea of”Guilty” to INTERFERE DUTIES PUB SERVANT, a Class B misdemeanor offense the RN committed on December 20, 2014. As a result of the plea, the proceedings against the RN were deferred without entering an adjudication of guilt, and she was placed on probation for a period of six (6) months. Additionally, the RN was ordered to pay a fine and court costs.

In regards to the incident and to the action of the RN, the RN states: She had a severe migraine while at work. She did not have any patients scheduled at that time, so she was working on another project on the computer. As the migraine got worse, she experienced vertigo and placed her elbows on her desk, and covered her face with her hands. She fell asleep. The migraine combined with being startled awake may have affected her equilibrium and/or her speech.

The RN was evaluated by a doctor whose findings were that the RN had a low probability of a Substance Dependence Disorder, but indicated that the RN does have a chronic pain condition that requires treatment with medication. She states clinical research has shown that the longer people stay on drugs that produce sedation and/or euphoria and that also have withdrawal effects, the higher the chances that users will become dependent and/or addicted. The RN admitted she depends on her medications and feels that she would not function if she was unable to take them according to how she feels she needs them. The doctor did not make a recommendation regarding the RN’s fitness to practice or ability to conform to the NPA.

Regarding the incident, the Board finds that there exist serious risks to public health and safety as a result of impaired nursing care due to intemperate use of controlled substances or chemical dependency.

Because of this, the LVN was summoned by the Texas Board of Nursing to give her a fair chance to defend her case. She was given the chance to defend herself at the Board. However, the Texas Board of Nursing found her guilty for the complaint against her and her license was suspended. She lost the case simply because she failed to find an effective and efficient nurse attorney.

Avoid committing the same mistake she did. Find the right nurse attorney in Texas to help you with your needs. Contact nurse attorney Yong J. An directly by calling or texting him at (832) 428-5679 for a discreet consultation