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As healthcare professionals, nurses are entrusted with the responsibility of upholding ethical standards and adhering to legal regulations, including those related to controlled substances. However, there are unfortunate instances where LVNs may face allegations of misconduct involving the use of prohibited substances. Such allegations can have serious implications for the LVN’s professional standing and licensure. In navigating the complexities of this legal matter and safeguarding the LVN’s rights, a nurse attorney can provide crucial 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 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 marijuana in that she produced a specimen for a drug screen which resulted positive for Cannabinoid. Unlawful possession of marijuana is prohibited by Chapter 481 (Controlled Substances Act) of the Texas Health & Safety Code. The use of marijuana 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, judgements, and decisions regarding patient care, thereby placing a patient in potential danger.

In response to the above incident, LVN states when she was questioned by the facility, she confessed immediately to having THC in her system and that she had used marijuana while attending a funeral gathering.

The above action constitutes 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),(1)(C)&(2) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4),(5),(6)(G),(8),(10)(A),(10)(D),(10)(E)&(11)(B).

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 private consultation.