Any LVN or RN nurse who committed a malpractice, dishonorable act or violation of state laws may be subjected to a disciplinary action. It is therefore essential to hire a nurse attorney to defend your case. The governmental agency that has the authority to deal with the acts and omissions of the nurses in Texas is the Texas Board of Nursing (BON). This agency is composed of several members who are responsible for hearing and deciding any complaint or case filed before an LVN or RN.
At the time of the initial incident, she was employed as a Family Nurse Practitioner with a home healthcare service provider in Odessa, Texas, and had been in that position for one (1) month.
On or about August 16, 2020, while employed as a Family Nurse Practitioner with a home healthcare service provider in Odessa, Texas, RN inappropriately prescribed medications including multivitamins, Ketoconazole Cream, Clindamycin Phosphate Solution, Vancomycin Capsules, Diclofenac gel, Lidocaine Ointment, and Doxepin Cream to nineteen (19) patients receiving home health services, without performing assessments of the patients to justify the need for the prescriptions, and without developing individualized treatment plans for the patients. RN’s conduct was likely to injure the patients from clinical care decisions based on incomplete assessment information, including a risk of harm from unnecessary medications.
Another incident happened on or about August 16, 2020, through September 13, 2020, while employed as a Family Nurse Practitioner with a home healthcare service provider in Odessa, Texas, RN submitted prescriptions to a pharmacy, for nineteen (19) patients without the name, address, and telephone number of the current physician with whom she has a prescriptive authority agreement or other written authorization, as required, and without having an active prescriptive authority agreement with a physician. RN’s conduct was likely to deceive the pharmacy and resulted in invalid prescriptions being submitted to and filled by the pharmacy.
In response, RN states that she started working in July 2020, a job that involved writing orders over the phone for home health patients. RN states that she discussed the patients on the phone with the home health staff and treatment orders were based on that. RN states that she was told initially that there were a few overseeing physicians, and she would be assigned to one of them. In September of 2019, RN inquired about the face-to-face meeting with her supervising physician, and after a few inquiries with no return response, she was informed that the supervising physician did not click the button on the website. RN states that at that time, the pharmacy was contacted to reverse all the prescriptions that had been written and/or filled. RN states that was her attempt to stop and correct the violation that had occurred unbeknownst to her.
The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(1),(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A)&(4)(B), 22 TEX. ADMIN. CODE §217.12 (1)(A)&(1)(B), and & 22 TEX. ADMIN. CODE §222.4(b).
However, without enough evidence to prove she’s not guilty, the RN lost the case. This is the reason why the Texas Board of Nursing placed her RN license under disciplinary action.
Do not be stressed or anxious if you find yourself in a similar situation as that of the RN mentioned above. All you need to do is to find the right RN/LVN license attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LVN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.
