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In Texas, the government has created a special agency that has the jurisdiction to handle controversies and cases involving the nursing profession. This tribunal is called the Texas Board of Nursing (BON). Every RN or LVN subjected to a disciplinary proceeding or administrative case before the Board is given an opportunity to be heard and defend himself from all accusations. Thus, every nurse with a pending case before the Texas Board of Nursing (BON) is encouraged to hire a good nurse attorney.

At the time of the initial incident, he was employed as an RN at a hospital in Fort Worth, Texas, and had been in that position for three (3) years.

On or about January 22, 2020, through February 28, 2020, while employed as an RN at a hospital in Fort Worth, Texas, RN was accused of the following:

  1. RN failed to document wastage of unused medications after having withdrawn ten (10) milliliters of Hydrocodone/chlorpheniramine for Patient A, one (1) vial of Lorazepam 2mg/mL for Patient B, five (5) vials of Lorazepam 2mg/mL for Patient C, one (1) vial of Lorazepam 2mg/mL for Patient D, one (1) tablet of Tramadol 50mg for Patient E, and one (1) tablet of Hydrocodone APAP 7.5/325mg for Patient F from the medication dispensing system. RN’s conduct resulted in incomplete medical and pharmacy records.
  2. RN failed to take precautions to prevent misappropriation of five (5) milliliters of Hydrocodone/chlorpheniramine, one (1) milligram of Lorazepam, seven and a half (7.5) milliliters of Lorazepam, one (1) milligram of Lorazepam, twenty-five (25) milligrams of Tramadol, and one (1) tablet of Hydrocodone APAP 7.5/325mg belonging to the facility and patients thereof.

In response, RN states that he made a documentation mistake in the two instances where he returned Norco to the Pyxis. RN states that in each instance, he withdrew the medication and took it to the patient’s room, scanned the patient’s armband, documented administration, and then the patients changed their mind. RN explains that on this Intermediate Cardiac Care South (ICCS) unit, there was only a thirty (30) minute window to administer narcotics, which made it infeasible to waste excess medication at the Pyxis or find another nurse to witness wastage. RN states that he was never told that he was incorrectly documenting wastage. 

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(C)&(1)(D) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(C),(4)&(6)(G).

The Texas Board of Nursing then subjected the RN and his license into disciplinary action. The accusation would have been defended by an experienced and skilled Texas Nursing Law Attorney, had the RN hired one. Hiring a Texas Nursing Law Attorney for defense is applicable for any kind of accusation laid against an RN or LVN.

For more details and to schedule a confidential consultation, you must approach one of the most experienced Texas Nursing Law Attorney, Yong J. An. He is an experienced nurse attorney who represented more than 300 nurse cases for RNs and LVNs for the past 16 years. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.