Any RN or LVN who is guilty of violating state laws and issuances from the Texas Board of Nursing (BON) may be subjected to penalties or fines if not properly defended by a nurse attorney. As a matter of fact, the RN license and LVN license can even be suspended or revoked.
At the time of the initial incident, an RN was employed as a Registered Nurse at a hospital in Laredo, Texas, and had been in that position for one (l) year and two (2) months.
On or about May 29, 2015, the RN failed to follow the facility’s policy and procedure for the wastage of unused portions of Hydrocodone/Acetaminophen Elixir and Dilaudid. The RN’s conduct left medications unaccounted for and placed the facility in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
On or about September 7, 2016, the RN withdrew controlled substances from the Medication Dispensing System for patients but failed to administer the medication as ordered by the physician or failed to document the administration of the medication in the patient’s Medication Administration Record and/or Nurses Notes. The RN’s conduct was likely to injure the patients in that subsequent caregivers would rely on her documentation to further medicate the patients, which could result in an overdose. Additionally, the RN’s conduct placed the facility in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
On or about September 7, 2016, the RN withdrew the controlled substance from the Medication Dispensing System for the patient in excess of the dosage/frequency of physician orders. The RN’s conduct was likely to injure the patient, as the administration of the controlled substance in excess of the dosage/frequency of physician orders could result in the patient suffering adverse reactions.
On or about September 7, 2016, while employed as a Registered Nurse, the RN failed to complete and/or document Nursing Notes for the patients. The RN’s conduct created an incomplete medical record and was likely to injure the patients in that subsequent caregivers would rely on her documentation to further care for the patients.
On or about September 7, 2016, while employed as a Registered Nurse, the RN misappropriated controlled substances belonging to the facility and of patients thereof, or failed to take the precautions to prevent such misappropriation. The RN’s conduct was likely to defraud the patients and facility of the cost of the medications,
On February 14, 2017, and February 27, 2017, the RN was evaluated and indicated there was no information to support either current abuse or dependence on alcohol or street/illicit/non-prescribed medication. Historically, the RN did present with information to support an unspecified pain-related disorder that is currently in sustained remission. It is proposed that a formal and structured treatment program for her current diagnosis is not indicated or recommended.
However, it is proposed that it would be beneficial to consider the following recommendations to ensure patient safety and provide a supportive, structured recovery environment for the RN. The recommendations would include her being employed in a stable, predictable work environment and that she is fully trained to meet both direct (patient care) and indirect (documentation) requirements of her job responsibilities. It is also recommended that it would be beneficial for her to have a limited period of restricted access to the administration and management of controlled substances.
Always remember that rules and regulations are set for compliance regardless of whichever is your place of work, it is important to note that as medical providers, we have to ensure that patients would feel at ease within the premises of a healthcare facility. Therefore, it is part of our obligation to stick to what is and what is not allowed.
If you also received a complaint regarding a case filed against you, you should hire a nurse attorney immediately before it’s too late. Texas nurse attorney Yong J. An is one of those dedicated nurse lawyers who helped various nurses in their cases since 2006. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.