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Maintaining a high standard of professional conduct and fitness to practice is foundational to the nursing profession, ensuring the safety and well-being of patients. However, the incident involving an LVN highlights a departure from these essential standards, as the LVN was observed sleeping during a significant portion of the shift and subsequently tested positive for alcohol use. In such challenging situations, a nurse attorney becomes an invaluable ally for LVNs. The expertise of a nurse attorney is essential in addressing the allegations, providing clarity on legal obligations, and working towards a fair and just resolution for the LVN.

At the time of the initial incident, he was employed as an LVN with a pediatric home health care service provider in Beaumont, Texas, and had been in that position for five (5) years and two (2) months.

On or about May 25, 2019, while employed as an LVN with a pediatric home health care service provider in Beaumont, Texas, and on assignment in the home of a patient, LVN was accused of the following:

  1. LVN lacked fitness to practice vocational nursing in that he was observed sleeping in the bathroom for one (1) hour and forty-five (45) minutes, and the patient’s mother was unable to wake him. LVN’s condition could have affected his ability to recognize subtle signs, symptoms, or changes in patients’ conditions, and could have affected his ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patients in potential danger.
  2. LVN engaged in the intemperate use of alcohol in that he submitted to a breath alcohol test for cause which resulted positive for alcohol. The use of alcohol by an LVN, while subject to call or duty, could impair the nurse’s ability to recognize subtle signs, symptoms, or changes in the 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 the patient in potential danger.

Without consulting with a nurse attorney, LVN responded and states that due to health problems he turned to alcohol, and he got to the point where he could not function without it daily, so he drank every day to cope. He states he has been referred to TPAPN per the recommendation from his employer, and he plans on voluntarily participating in the program in the hopes of bettering himself and to prove to the Board he is safe to practice nursing.

The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(9),(10)&(12) Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(4),(5)&(10)(A).

The evidence against the LVN was strong. At the same time, without the help of a nurse attorney, he was not able to properly defend his case in court. As a result, his nursing license was placed under disciplinary action.

Avoid the similar thing from happening on your end. Make sure to find the right defense attorney in case a complaint will be filed against you before the Texas Board of Nursing (BON). For more details or for a confidential consultation regarding accusations, it’s best to contact an experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 500 nurse cases for RNs and LVNs for the past 17 years. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.