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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 a 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, RN lacked fitness to practice professional nursing in that she exhibited impaired behavior, to include 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, RN stated she forgot to take a Xanax and a ‘wake up pill.’ Further, RN asked another co-worker what a Foley catheter was and what it was used for, and RN gave another co-worker incorrect information during a hand off report. Lastly, 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 patients’ 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, RN states working night shifts has affected her ability to sleep well. RN states 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. RN states she did not ask another co-worker what a Foley Catheter was for. RN states 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.

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10),(12)&(13) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(T) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(E),(4)&(5).

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.