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Sleeping while on duty is the most common mistake nurses could make. The Board may find the nurse lacked the fitness to practice because of this reason. Although there are other factors and aspects to look for if you are really a fit to practice nursing. If the Board summons you, always seek a good nurse attorney to represent you in court.

At the time of the incident, she was employed as an LVN with a home health and hospice care provider in Georgetown, Texas, and had been in that position for less than one week.

On or about August 31, 2020 through September 3, 2020, while working as an LVN with a home health and hospice care provider in Georgetown, Texas, receiving on-the-job training, and providing care for a patient, LVN failed to provide appropriate nursing care in that she was observed sleeping during each of her shifts. On September 3, 2020, LVN’s coworker attempted to awaken LVN after she fell asleep around midnight, and throughout the remainder of the shift, without success. The mother of the patient attempted unsuccessfully to awaken LVN, when she arrived home around 3AM. Finally, after the oncoming day shift nurse arrived, LVN woke up around 5:50AM. LVN’s conduct was likely to injure the patient from lack of appropriate nursing care.

In response to the above incident, LVN reports this happened due to a worsening medical issue she did not realize she had until she saw a specialist in October of 2020.

The above actions constitute grounds for disciplinary action in accordance with 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)(T)&(2)(A) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(E)&(4).

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 nurse 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.