There are many laws in the state of Texas that every citizen or even aliens are supposed to follow. These legislations were enacted to ensure that there would be peace and order in the state as well as to protect the rights of the people to life, liberty and property. One of these laws is the Texas Administrative Code that governs the practices of every LVN or RN nurse in Dallas.
Any violation of the Code committed by a professional licensed nurse may result to the revocation of the nursing license. This is what happened of March Belle who was subjected to a disciplinary proceeding before the Texas Board of Nursing (BON). She was employed in a hospital in the state of Texas. Part of her job as a registered nurse was to ensure that the safety of the patients admitted in the hospital is kept safe at all times.
While employed in the hospital, she inappropriately removed a central venous catheter (CVC) from a patient when she was not certified and/or properly trained to do so. Consequently, the RN nurse improperly removed the CVC while she was on duty. Subsequently, the patient suffered an air embolism. Because of this, the patient was thereafter coded and was required to transport to another hospital. Unfortunately, the patient died after the occurrence of the incident. This is the reason why a case was filed against the nurse. It was alleged that her conduct may have contributed to the patient’s subsequent demise.
The act of the LVN/RN nurse was a clear violation of the Texas Occupation Code. As such, a complaint was filed against her before the Texas Board of Nursing (BON). The applicable law provides that:
Sec. 301.452. Grounds for Disciplinary Action.
(a)In this section, intemperate use includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs.
(b) A person is subject to denial of a license or to disciplinary action under this subchapter for:
(1) a violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order issued under this chapter;
(2) fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing;
(3) a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude;
(4) conduct that results in the revocation of probation imposed because of conviction for a felony or for a misdemeanor involving moral turpitude;
(5) use of a nursing license, diploma, or permit, or the transcript of such a document, that has been fraudulently purchased, issued, counterfeited, or materially altered;
(6) impersonating or acting as a proxy for another person in the licensing examination required under Section 301.253 or 301.255;
(7) directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized practice of nursing;
(8) revocation, suspension, or denial of, or any other action relating to, the person’s license or privilege to practice nursing in another jurisdiction or under federal law;
(9) intemperate use of alcohol or drugs that the board determines endangers or could endanger a patient;
(10) unprofessional conduct in the practice of nursing that is likely to deceive, defraud, or injure a patient or the public;
(11) adjudication of mental incompetency;
(12) lack of fitness to practice because of a mental or physical health condition that could result in injury to a patient or the public; or
(13) failure to care adequately for a patient or to conform to the minimum standards of acceptable nursing practice in a manner that, in the board’s opinion, exposes a patient or other person unnecessarily to risk of harm.
Notwithstanding her defenses, March Belle still ended up with her nursing license being revoked by the Texas Board of Nursing (BON). One of the factors that led to that kind of situation was her inability to find the right defense lawyer to handle her case before the Board.
Do you have questions about the Texas Board of Nursing disciplinary process? Are you interested in discovering the various defenses you may raise before the Board? Contact The Law Office of Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679 and ask for attorney Yong.