Maintaining fitness to practice is a critical aspect of nursing care to ensure patient safety and the highest standard of healthcare delivery. However, instances of impaired behavior and lapses in professional conduct can raise serious concerns about an RN’s ability to provide safe and effective care. 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 RN’s rights, and ensuring a fair and impartial evaluation of the matter.
At the time of the incident, she was employed as an RN at a medical facility in Lubbock, Texas, and had been in that position for one (1) year.
On or about November 2, 2020, while employed as an RN at a medical facility in Lubbock, Texas, the RN lacked the fitness to practice professional nursing in that she exhibited impaired behavior, including sleeping while on duty, elongating and slurring her speech, having glazed-over eyes, catching herself from falling, having difficulty focusing. and appearing sleepy with an unsteady gait. Additionally, she forgot to take a Xanax and a ‘wake-up pill.’ Further, the RN asked another co-worker what a Foley catheter was and what it was used for, and the RN gave another co-worker incorrect information during a handoff report. Lastly, the RN refused to participate in a Fitness for Duty Evaluation. RN’s condition could have affected her ability to recognize subtle signs, symptoms, or changes in 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 patients in potential danger.
In response to the above allegations, The RN independently responded without seeking advice from a Texas Nurse Attorney first. The RN stated that working night shifts have affected her ability to sleep well. In addition, a co-worker told her she looked tired, and she responded by explaining she was tired from staying up most of the day and she forgot to take some prescribed medication. The RN stated she did not ask another co-worker what a Foley Catheter was for. The RN added her charge nurse asked her to stay in a room without telling her why and this caused her anxiety to the point where she had to leave.
Texas Board of Nursing Disciplinary Action
The above actions constitute grounds for disciplinary action under the Texas Occupations Code and violate the Texas Administration Code. 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 have recently received a letter from the Texas Board of Nursing regarding a case or complaint filed against you, it is crucial to take immediate action. Hiring a nurse defense attorney will provide you with the knowledge and expertise you need for a successful outcome. You can consult with a dedicated and experienced Texas nurse attorney like Atty. Yong J. An to represent you effectively. With almost two decades of experience, he has represented numerous nurse cases successfully. To schedule a free private consultation regarding any accusations from the Texas BON, contact the Law Office of Atty. Yong J. An 24/7 through text or call at (832) 428-5679.
Don’t wait until it’s too late to protect your rights and reputation.