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Any RN or LVN in Texas may be subjected to a disciplinary proceeding before the Texas Board of Nursing. Whenever an LVN or an RN finds herself in such a situation, she will need to find a nurse attorney. This is important, as it is her only chance to protect her LVN / RN license. Otherwise, the BON may find her guilty in the administrative case and order for the revocation of her RN / LVN license.

The disciplinary proceeding before the Texas Board of Nurse (BON) is an administrative proceeding wherein LVN license or RN license holders are charged for the commission of an offense or violation of certain state laws.

This is the incident that happened to an LVN in 2019. At the time of the initial incident, she was employed as an LVN at a nursing home for elderly care in Allen, Texas, and had been in that position for thirty-eight (38) years.

On or about October 2, 2019, while employed as an LVN at a nursing home for elderly care in Allen, Texas, LVN failed to perform cardiopulmonary resuscitation (CPR) when a resident was without a pulse, blood pressure, or respirations. The resident was designated as a Full Code patient with a physician order stating CPR/Full Code. In addition, LVN failed to initiate CPR even after the Director of Nursing repeatedly instructed the LVN to start CPR because the resident was Full Code status. LVN’s conduct prohibited any potential resuscitation of the resident.

In response, LVN states the patient had very pale, cool skin, and no respiration, blood pressure, heart rate, or oxygen saturation reading, so she instructed the nurse assistant to check the patient’s code status. It was confirmed that the patient was Full Code status. Instead of starting cardiopulmonary resuscitation (CPR), LVN states she reported that the patient was deceased to the Director of Nursing and the Nurse Practitioner.

The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(C),(1)(M)&(2)(A) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B)&(4).

However, the Texas Board of Nursing found the LVN guilty, and her license to practice nursing in the State of Texas was subjected to disciplinary action.

Do not be stressed or anxious if you find yourself in a similar situation as that of the LVN mentioned above. All you need to do is to find the right Texas 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 LVN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 150 nurse cases for RNs and LVNs for the past 16 years. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-4579 for a discreet consultation.