Being a RN nurse is not an easy thing to do. There are many rules and regulations that must be complied with by every professional nurse in the state of Texas. The process of obtaining a nursing license is quite difficult. It can take years before one can become a professional RN nurse. However, its suspension or revocation can happen overnight depending on how serious a particular case is. This is why it is important for every nurse to protect his or her license. One wrong move can lead to the loss of the nursing license.
To illustrate this unfortunate scenario, let us talk about the case of Edward. He is registered nurse, who has been working for a state hospital for almost ten years already. He had no record for any violation of the state laws or administrative rules promulgated by the Texas Board of Nursing (BON). However, in the early 2012, he received a notice from the Board informing her of an administrative complaint filed by a patient of the hospital where he works.
In the complaint, the patient stated that the RN nurse administered four (4) doses of Norco 10-325mg, five (5) doses of Tramadol 50mg, and four (4) doses of Tylenol #3, 300-30mg to Resident LP, after the physician discontinued the medications. From this fact alone, it can be inferred the RN nurse engaged in the unauthorized administration of medicine to the patient involved. Because of this conduct, the patient was likely to be injured from the adverse effects of possible over dosage of narcotic medications without a physician’s order.
The action of the RN nurse was a violation of this law:
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.
A notice was served to the RN nurse in accordance with the Texas Law. She waived her right to be represented by a nursing defense lawyer. As a result, she lost in the case. Lucky for her, the RN nurse only got her nursing license suspended. Do not let the same thing happen to you.
Do you have questions about the Texas Board of Nursing disciplinary process? 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.