As members of the medical community, nurses bear the responsibility of maintaining moral principles and following the law, especially when it comes to controlled substances. Sadly, there are times when accusations of misbehavior involving the use of controlled substances are made against LVNs. The professional reputation and licensing of the LVN may be seriously damaged by such accusations. A nurse defense attorney can offer legal expertise to protect the LVN’s rights. They can also guide the LVN through any potential disciplinary proceedings.
At the time of the initial incident, she was employed as an LVN at a medical facility in San Antonio, Texas, and had been in that position for five (5) months.
On or about January 27, 2020, while employed as an LVN at a medical facility in San Antonio, Texas, LVN engaged in the intemperate use of a controlled substance in that she produced a specimen for a drug screen which resulted positive for the said substance. Unlawful possession of controlled substances is prohibited by Chapter 481 (Controlled Substances Act) of the Texas Health & Safety Code. The use of such drugs 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 nurse’s ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing a patient in potential danger.
In response to the above incident, LVN stated when she was questioned by the facility, she confessed immediately to having THC in her system and that she had used the controlled substance while attending a funeral gathering. She has given her response without even seeking advice from a nurse defense attorney.
The above action constitutes grounds for disciplinary action under Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE. A case was ultimately filed against her before the Texas Board of Nursing (BON). The said allegation was fatal to the LVN’s capability to perform the essential functions and duties. Sad to say, the nursing defense attorney who handled her case was not able to properly defend her interests and rights before the Board. The Texas Board of Nursing (BON) found her guilty of the offense alleged in the complaint and decided to place her LVN license under disciplinary action.
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 before it’s too late. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 300 nurse cases for the past 16 years. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a free legal consultation.