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Allegations and complaints while at work are serious cases, which is why a nurse attorney is needed if you get accused of this kind of scenario. However, some who thought they were guilty of the charges failed to hire the right nurse attorney just because they thought it’s the doom for their RN or LVN license already. However, that is not entirely the case as there is still hope.

At the time of the incident, he was employed as an LVN with a rehabilitation facility in Georgetown, Texas, and had been in that position for three (3) years and eight (8) months.

On or about April 19, 2020, while employed as an LVN with a rehabilitation facility in Georgetown, Texas, LVN engaged in unprofessional conduct, in that the patient’s spouse requested pain medication from LVN on two (2) separate occasions and, after the second request, LVN argued with the patient’s spouse and made inappropriate gestures with his buttocks in front of the patient. Furthermore, the incident was recorded on video surveillance. LVN’s conduct was likely to injure the patient in that it may have unnecessarily exposed the patient to emotional and/or psychological harm.

In response, LVN states he worked PRN and on the day of the incident, the patient’s spouse approached him at the nurse’s station and was upset and made racial slurs. LVN relates he didn’t know what the man wanted, but he noticed what room the man went back to and looked up the patient’s info for that room. LVN states he noticed no scheduled medications were listed, so he went to the patient’s room and checked the patient, and told the patient’s spouse that the patient did not have any scheduled medications. LVN states the spouse got angry and yelled insults at him and asked for his name. LVN explains the spouse told him to “Get your a* * out of here!” LVN relates he told the spouse that since he called him a* *hole, that he “…will be leaving dancing…

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 §217.12(1)(A),(1)(B),(4),(6)(C)&(6)(D).

As a result, the Texas Board of Nursing decided to place his LVN license under disciplinary action. It’s too bad that he failed to hire a nurse attorney for assistance, knowing that he had every reason to defend himself in the first place. His defense would have gotten better if he 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. He is an experienced nurse attorney for various licensing cases for 16 years and represented over 150 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.