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 will 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 Occupations Code that governs the practices of every LVN or RN in Texas. Any violation of the Code committed by a professional licensed nurse may result to the revocation of the nursing license. This is what happened to a RN nurse who was subjected to a disciplinary proceeding before the Texas Board of Nursing (BON).
She was employed in a health care facility in the state of Texas. Part of her job as a licensed nurse was to conduct examination of the patients and submit the necessary reports. While employed in the hospital, she failed to submit nursing notes for home health visits involving a particular patient. Because of this incident, an inaccurate medical record was created that was likely to injure the patient.
The act of the LVN or RN 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 licensed nurse tried to argue that there was no intent to cause such harm. She even tried to raise the defense of simple negligence. Aside from this, she also specifically violated this provision:
Sec. 301.452 provides for the 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 the above arguments, she 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.