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The nursing profession is built on principles of compassion, ethical conduct, and patient confidentiality. However, there are regrettable instances where RNs may face allegations of misconduct and misrepresentation. Such circumstances can have severe consequences for the RN’s professional standing and licensure. In this complex legal situation, a nurse attorney can play a vital role in providing essential legal support, advising the RN on the best course of action, and protecting their rights during potential disciplinary proceedings.

At the time of the initial incident, she was employed as an RN at a hospital in Pearland, Texas, and had been in that position for one (1) year and one (1) month.

On or about July 20, 2020, through July 27, 2020, while employed as an RN at a hospital in Pearland, Bryan, Texas, RN took a photo with an infant patient during a feeding, without authorization from the patient’s family and/or responsible party. Additionally, RN was not wearing personal protective equipment while feeding the infant patient. Specifically, RN was not wearing a mask. Lastly, RN stated, “This baby had a mother that was hooked on crack, so she can survive a virus.” RN’s conduct exposed the patient unnecessarily to a risk of harm from disclosure of their confidential medical information without their written authorization and constitutes a violation of HIPAA (The Health Insurance Portability and Accountability Act).

On or about August 17, 2021, while employed as an RN at a hospital in Pearland, Bryan, Texas, RN presented false information to the Texas Board of Nursing. Specifically, RN falsified a letter of support from a coworker dated August 10, 2021. RN’s conduct was deceptive and created an inaccurate enforcement record.

In response, RN states she sent someone a photo of a baby doll that is used on the unit for training purposes, not a real baby. RN states the doll is not real which is evidenced in the photo by the lack of milk in the bottle. RN states she nicknamed the doll ‘munchkin’ because that is the name of the doll. Additionally, RN states she acknowledges the allegation and genuinely regrets having done this act. RN states she was embarrassed and ashamed of her situation and did not want to approach her co-worker for a second letter of support regarding the mannequins used on the unit. RN states she wishes to apologize to the Board and to her co-worker.

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),(E)&(O) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B),(4),(6)(A)&(6)(H).

Because of this, the RN was summoned by the Texas Board of Nursing to defend her side, but the RN failed to hire a nurse attorney to help her with her case and without proper defense, the Texas Board of Nursing then decided to place her RN license under disciplinary action.

If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed on you, you should hire a nurse attorney immediately before it’s too late. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. 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. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679 for a confidential consultation regarding any accusations from the Texas BON.