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Illegal drug use has been a signature specialty of a nurse attorney when handling cases for some nurses. However, some nurses tend to forget this fact because they really felt like they should be responsible even if they never intended to commit such an error.

On or about June 2, 2014, and June 20, 2014, while employed as a Registered Nurse in a hospital in Temple, the RN withdrew four (4) Fentanyl 100mcg vials from the Medication Dispensing System for two patients. However, she failed to document, or completely and accurately document the administration of the Fentanyl, including signs, symptoms, and responses to the medication in the patients’ Medication Administration Records and/or nurses notes. Her conduct was likely to injure the patients in that subsequent caregivers would rely on her documentation to further medicate the patients, which could result in an overdose and Respondent’s conduct placed the hospital in violation of Chapter 481 of the Texas Health and Safety Code (Controlled Substances Act).

This issue was filed as a complaint and sent to the Texas Board of Nursing. The Texas Board of Nursing has full jurisdiction in all cases that may affect the status of an RN or LVN’s license in the future. But they advise nurses to attend a hearing first before placing the sentence, which the RN attended for her career’s security.

During the hearing, the RN states that she was treated unfairly and was supposed to transfer to another department three (3) days after she got terminated. She states that it was not uncommon in the ER to fail to follow up on medications given because there is often no time to do so. She states that it was not intentional and many times she just got an email asking that she fix it.

However, the RN failed to hire an effective nurse attorney to help her defend her side. As a result, the Texas Board of Nursing placed her RN license to disciplinary action. It’s too bad that she failed to hire a nurse attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she actually sought legal consultation from a Texas nurse attorney as well.

So if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.