Select Page

The role of an LVN demands attentiveness and dedication to provide quality care to patients, particularly in environments such as correctional facilities where patient safety is paramount. However, there are unfortunate instances where LVNs may face allegations of impaired behavior while on duty, raising concerns about their fitness to practice nursing. Such conduct can compromise patient safety and result in serious legal implications for the LVN’s professional standing and licensure. To navigate the complexities of this legal matter and protect the LVN’s rights, a nurse attorney can provide essential legal expertise, guiding the LVN through potential disciplinary proceedings and advocating for a fair resolution while addressing the allegations in a just and appropriate manner.

At the time of the initial incident, she was employed as an LVN at a correctional facility in Sugar Land, Texas, and had been in that position for three (3) years.

On or about May 3, 2020, and June 2, 2020, while employed as an LVN at a correctional facility in Sugar Land, Texas, LVN lacked fitness to practice vocational nursing in that she was observed sleeping while on duty. LVN’s conduct could have affected her ability to recognize subtle signs, symptoms, or changes in patients’ conditions, and could have affected her ability to make rational, accurate, and appropriate assessments, judgements, and decisions regarding patient care, thereby placing the patients in potential danger.

In response, LVN states she did close her eyes and rest quietly at her desk during her unpaid break period, while on her scheduled shift of 11pm-7am. She states this is a correctional facility and there is not a designated break area to go or a designated break time for nursing staff. According to LVN, management is very much aware that they can only have lunch and break time when there are no patients present in the clinic. At the date and time of the mentioned allegations, LVN states there were not any patients in the clinic in her care. LVN adds that pictures and allegations were only brought to her attention after they were taken as a form of retaliation for reporting an employee for hostile and boisterous behavior. LVN states in her 15 years of nursing, she has never been disciplined for unethical behavior and honesty, trust, respect, high ethical standards, and sustained moral character is integrated into her standard of professional integrity.

The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10)&(12) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.12(1)(B),(1)(E),(4)&(5).

Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her LVN license was subjected to disciplinary action. She did not hire a skilled Texas BON attorney to fully defend her case which led to this decision by the Texas Board of Nursing.

Make sure that you will not make the same mistake as the LVN mentioned above in her case before the Texas Board of Nursing (BON). Contact a Texas nurse attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 16 years and represented over 300 nurses before the Texas BON. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.