For nurses, upholding patient confidentiality and honoring professional boundaries are essential ethical duties. Sadly, there are times when LVNs might overstep these lines, possibly compromising patient confidentiality and breaching trust. Such conduct may require legal action and have serious repercussions for the LVN’s licensure and professional reputation. A nurse attorney can offer crucial legal experience to handle these intricate legal matters and protect the LVN’s rights. They can also support a just and suitable settlement while leading the LVN through any potential disciplinary actions and addressing the claims fairly.
He had been working as an LVN for one (1) year and three (3) months at a hospital in Victoria, Texas, at the time of the event.
While on duty on June 1st, 2021, the LVN was accused of committing the following acts:
- To obtain the patient’s phone number and details regarding his prior visits to the facility, LVN gained unauthorized access to the patient’s medical records. LVN’s actions were against the Health Insurance Portability and Accountability Act (HIPAA), as he later acknowledged when he said he accessed the documents “out of curiosity.”
- By sending the patient a personal SMS inviting them to meet for coffee or lunch, LVN transgressed the professional bounds of the nurse-client relationship. Because it might have caused confusion between the patient’s wants and the nurse’s, This act could have been greatly uncomfortable for the patient as she could have had lots of thoughts regarding the incident which may have caused distress and anxiety.
To respond to the accusation directed at him, the LVN admitted to have sent a personal text message to the patient, but contrary to the allegation, the patient willingly provided her contact information.
He further clarified that the access of the medical records was related to the patient’s appointment and medical treatment scheduled for her that day.
The aforementioned violation constitutes grounds for disciplinary action by 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)(E)&(1)(J) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(C)&(6)(D).
The Texas Board of Nursing decided to suspend him from using his LVN license as a result. Unfortunately, he didn’t seek the advice of a nurse attorney, even though he had every right to defend himself in the first place. Had he consulted with a Texas nurse attorney, his defense would have fared better.
Therefore, it is important to highly consider getting legal counseling first if the Board has filed a complaint against you. Yong J. An, a Texas nurse attorney, is prepared to aid any nurse who requires emergency assistance with anything about the nurse license. For the past sixteen years, he has defended over three hundred nurses in licensing disputes before the Texas Board of Nursing. He may be reached at (832)-428-5679 for additional information or to schedule a private appointment.