RN Smoked Inside Patient’s Home and Falsified Nursing Records

RN Smoked Inside Patient's Home and Falsified Nursing Records

Nursing is an incredibly fulfilling and compassionate career path that allows individuals to make a positive impact on the lives of others. However, it is also a challenging field that requires a lot of hard work, dedication, and a deep understanding of healthcare practices. There may be times when nurses face allegations related to their patient care and documentation, which can be a daunting and stressful experience. In such situations, nurses must seek the assistance of an experienced nurse defense attorney. These legal professionals specialize in representing nurses and can offer vital guidance and support throughout the legal process.

Incident Scenario:

At the time of the initial incident, she was employed as an RN with a pediatric healthcare service provider in The Woodlands, Texas, and had been in that position for nine (9) months.

On or about October 8, 2022, and October 14, 2022, while employed as an RN with a pediatric healthcare service provider in The Woodlands, Texas, and while assigned to provide skilled nursing care to a patient, the RN was accused of the following: 

1. RN smoked inside the patient's home during her scheduled shift. RN's conduct was likely to injure the patient in that RN exposed the patient unnecessarily to secondhand smoke.
2. RN falsified start and end times on her nursing visit notes. Additionally, the RN falsified her nursing narrative and documented patient care when she was not at the residence. RN's conduct resulted in an inaccurate medical record and was likely to injure the patient in that subsequent caregivers would rely on her documentation for further care.

RN's Side of the Story

Without asking for guidance from a nurse attorney, the RN responded and stated that the patient's mother became adamant about her not stepping out to smoke. She also mentioned that she started smoking inside by the front door. Additionally, the RN stated the mother of the patient asked her to arrive at the home while the patient was at a doctor's appointment and begin her duties. Furthermore, the RN stated she went to the store for a few necessities and there was a hurricane in the area, also she kept in close contact with the patient's mother. RN stated she did not know she could only document her time with the patient and admitted to documenting her notes as usual.

The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10),(12)&(14) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.11(1)(A),(1)(B),(1)(D),(1)(T)&(2) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(C),(1)(E),(4),(6)(A),(6)(C)&(6)(H).

The Texas Board of Nursing then subjected the RN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the RN hired one. Hiring a nurse attorney for defense can make a big difference when facing allegations from the BON. This period is when a lawyer can provide a lot of guidance to the RN. Further to advocating on the nurse’s behalf during the hearing, they can work to have the suspension or revocation stayed. 

Always remember that anyone can file a complaint against nurses with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. 

Texas Nurse Attorney Yong J. An has been an experienced nurse attorney for various licensing cases for the past 18 years and represented over 600 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.