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Alberto is a professional RN nurse who graduated from a university in Texas. He received his Bachelor’s Degree in Nursing in the early 2010. After graduating from college, he immediately prepared for the nursing board examination. Fortunately he was able to pass the exam, which is why he was admitted to the official list of professionals with nursing licenses in Teas.

He has a deep employment history, being affiliated with ten employers. This LVN nurse did not have any problem in the beginning of his career. However, things changed when a case was filed against him before the Texas Board of Nursing. While employed as an RN nurse, Alberto failed to administer four (4) enteral feedings to a resident patient as ordered by the attending Physician. Moreover, he also failed to inform or notify the medical doctor about his shortcoming.

In another instance, the RN nurse also committed a negligence when he did not report to the physician that patient involved was no longer receiving his enteral feedings as ordered due to lack of formula supply and/or malfunction pump. The act of Alberto exposed the patient to risks for harm, deprived the Physician of the opportunity to institute timely interventions, which may have resulted to the stabilizing the patient’s condition. In the complaint filed before the Texas BON, it was also stated that the act of the LVN nurse might have contributed to the patient’s subsequent weight loss.

The law expressly provides for the following:

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.

The filing of the case against the LVN nurse gave him so much stress. He was no longer able to perform fully well his functions in the hospital. At the same time, the Texas Board of Nursing (BON) also found him guilty of the charged filed by the patient involved. Because of this, it is essential to find the right lawyer to handle a case before the Board.

Yong J. An is an attorney who specializes in cases involving a nurse licenses or those filed before the Texas Board in Nursing. He can be of service for professional nurses in Houston who need some legal advise. You can contact him at insert number or send him an email at *insert email.”