The nursing profession demands a high level of responsibility and commitment to patient care, and healthcare professionals are expected to maintain a state of fitness for practice while on duty. Unfortunately, there are instances where medical practitioners may face allegations of impaired behavior, raising serious concerns about their ability to provide safe and competent care. To address these complex legal matters and safeguard the RN’s rights, seeking the assistance of a nurse attorney becomes crucial for a strong defense.
At the time of the initial incident, she was employed as an RN at a hospital in The Woodlands, Texas, and had been in that position for seven (7) years.
On or about February 11, 2021, through March 16, 2021, while employed as an RN at a hospital in The Woodlands, Texas, RN lacked fitness to practice professional nursing in that she exhibited impaired behavior while on duty that included, but is not limited to, slurred speech, stumbling, glassy eyes, and unable to stay focused. Furthermore, on or about February 23, 2021, co-workers had to take her home as she was unable to drive herself home. 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, judgements, and decisions regarding patient care, thereby placing patients in potential danger.
On or about March 16, 2021, while employed as an RN at a hospital in The Woodlands, Texas, RN engaged in the intemperate use of Benzodiazepines and Alprazolam Metabolite in that she submitted a specimen for a reasonable suspicion drug screen, which resulted positive for Benzodiazepines and Alprazolam Metabolite. The use of Benzodiazepines and Alprazolam Metabolite by a Nurse, while subject to call or duty, could impair the nurse’s ability to recognize subtle signs, symptoms, or changes in a patient’s condition, and could impair the nurse’s ability to make rational, accurate, and appropriate assessments, judgements, and decisions regarding patient care, thereby placing patients in potential danger.
In response to the above incidents, RN states she submitted a urine drug screen which came back positive for a benzodiazepine with an alprazolam metabolite. RN explains that she told the medical examiner she does not take anything that has alprazolam in it. RN claims she has no idea how it showed up in her urine drug screen if her Ambien wouldn’t cause it.
The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(9),(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),(4),(5),(10)(A),(10)(D)&(11)(B).
The Texas Board of Nursing then subjected the RN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the RN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.
Always remember that anyone can file a complaint against an RN/LVN with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.