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A controlled substance is a drug that is tightly controlled or regulated by the Controlled Substance Act because it can be abused or can even cause addiction. If an RN is using the excess leftover drugs for personal use, great harm to a patient can happen. The RN will be held accountable for it. If such a mistake happens, you should always consider having a nurse attorney for the defense.

At the time of the initial incident, she was employed as an RN at a nursing home in Bryan, Texas, and had been in that position for five (5) years and five (5) months.

On or about April 22, 2020, while employed as an RN at a nursing home in Bryan, Texas, RN misappropriated thirteen (13) tabs of oxycodone belonging to a resident. RN’s conduct was likely to defraud the facility and patients thereof of the cost of the medications.

Another incident happened on or about April 30, 2020, while employed as an RN at a nursing home in Bryan, Texas, RN engaged in the intemperate and unlawful use of oxycodone in that she produced a specimen for a reasonable suspicion drug screen that resulted positive for oxycodone. Unlawful possession of oxycodone is prohibited by Chapter 481 (Controlled Substances Act) of the Texas Health & Safety Code. The use of oxycodone by a Nurse, while subject to call or duty, could impair the nurse’s ability to recognize subtle signs, symptoms, or changes in a patient’s condition, and could impair the nurses ability to make rational, accurate, and appropriate assessments, judgements, and decisions regarding patient care, thereby placing a patient in potential danger.

In response, RN denies the allegation, stating the patient’s daughter brought the medication in plastic bags and then emptied the pills into a medication bottle, which RN took to the charge nurse and completed a count sheet. Regarding the second incident, RN denies the allegation. RN submitted two samples and was at first told the result was negative and then a week later, she was advised of a positive drug screen of oxycodone. RN states the test was not positive for her prescribed medications. 

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(9),(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A)&(1)(B) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4),(5),(6)(C),(6)(F),(6)(G),(8),(10)(A),(10)(D),(10)(E)&(11)(B).

The Texas Board of Nursing then subjected the RN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the RN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.

Always remember that anyone can file a complaint against an RN/LVN with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.