Maintaining professional boundaries and adhering to ethical standards is paramount for healthcare providers, particularly when caring for vulnerable populations such as inmates. Any form of sexual misconduct or exploitation is not only a violation of trust but also a breach of the nurse’s duty to ensure patient safety and well-being. When facing allegations of sexual misconduct, seeking the assistance of a nurse attorney becomes crucial to navigate the legal complexities, protect the RN’s rights, and address the matter with the utmost sensitivity and fairness.
At the time of the initial incident, he was employed as an RN at a correctional facility in Houston, Texas, and had been in this position for approximately five (5) years.
On or about May 23, 2021, while employed as an RN at a correctional facility in Houston, Texas, the RN engaged in sexual conduct with an inmate in that he fondled the inmate’s genitals and attempted to perform oral copulation on the inmate. RN’s conduct sexually exploited the patient, which caused emotional harm.
Not having talked with a Texas nurse attorney, the RN responded that he was in an examination room with the patient. RN stated that he placed a large Biohazard trash container against the door frame to allow the door to be kept ajar yet provide privacy. The patient voiced concern regarding a possible hernia in his right testicle due to pain. RN stated that he assessed both testicles and did not find any signs of hernia and there were no complaints of pain during the assessment. The patient then complained that his back was hurting. RN, thinking it could possibly be Epididymitis, reassessed both patient’s testicles. At that time, the patient was attempting to push his hand against his penis and was motioning with his mouth, “close the door”. RN stated that he again told the patient that there were no signs of a hernia and gave him two sick call slips.
The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(2),(3),(10)&(13) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.11(1)(B)&(J) and 22 TEX. ADMIN. CODE §217.12 (6)(C), (D),(E),(H)&(I)&(13).
Unfortunately, the Texas Board of Nursing found him guilty of misconduct. His RN license was subjected to disciplinary action. He did not hire a skilled Texas nurse defense attorney to fully defend his case which led to the decision by the Texas Board of Nursing.
Make sure that you will not make the same mistake as the RN highlighted above in his case before the Texas Board of Nursing (BON). Contact a Texas nurse attorney today who can provide you with a free legal consultation to evaluate your case and counsel you on the best steps to take. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 18 years and represented over 600 nurses before the Texas BON. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.