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Maintaining vigilance and attentiveness are vital aspects of nursing care to ensure patient safety and well-being. However, instances of lapses in focus or fatigue leading to on-duty sleeping can raise serious concerns about an RN’s fitness to practice. Such conduct may compromise patient care and potentially jeopardize patient outcomes. When confronted with allegations related to fitness for nursing practice, seeking the assistance of a nurse attorney can prove essential in navigating the legal complexities, safeguarding the nurse’s rights, and ensuring a fair and impartial evaluation of the matter.

At the time of the initial incident, she was employed as an RN at a hospital in Galveston, Texas, and had been in that position for eight (8) months.

On or about August 30, 2020, while employed as an RN at a hospital in Galveston, Texas, and assigned to a patient, RN lacked fitness to practice nursing in that she was sleeping while on duty. RN’s conduct was likely to injure the patient in that it adversely affected her ability to recognize subtle signs, symptoms or changes in the patient’s conditions, and could have affected her ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patient in potential danger.

In response, RN denies sleeping while on duty.

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)(B) 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 RN 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.

Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of Texas Nurse Attorney Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 300 nurse cases for RNs and LVNs for the past 16 years.