Select Page

Sleeping while on duty is the most common mistake an LVN could make. The Board may find an LVN lacked the fitness to practice because of this reason. Although there are other factors and aspects to look for if you are really a fit to practice nursing. If you are summoned by the Board, you need a nurse attorney to represent you in court.

At the time of the incident, she was employed as an LVN with a pediatric home health care provider in Galveston, Texas, and had been in that position for three (3) months.

On or about February 20, 2020, through February 21, 2020, while employed as an LVN with a pediatric home health care provider in Galveston, Texas, and assigned to provide nursing care for a patient, LVN was accused of the following:

1. LVN lacked the fitness to practice nursing in that she was sleeping while on duty. As a result, LVN failed to hear the patient’s feeding pump alarm sounding for approximately twenty (20) minutes until the patient’s father woke her. LVN’s conduct could have affected her ability to recognize subtle signs, symptoms, or changes in patient’s condition, and could have affected her ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patient in potential danger.

2. LVN failed to ensure that the patient’s vital signs were being monitored by a pulse oximeter as ordered. LVN’s conduct was likely to injure the patient from undetected changes in pulse and/or oxygen saturation.

In response to the above incidents, LVN states she tried to call into work because her mother had been in the hospital and she was exhausted. LVN states she was coerced into keeping her scheduled shift or she would be terminated. LVN admits she fell asleep for no more than 15 minutes at approximately 0530 on February 21, 2020. LVN further states the child’s father came in at 0545 and saw her asleep.

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10),(12)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(C),(1)(M),(1)(T)&(2) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(E)&(4).

The Texas Board of Nursing then subjected the LVN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the LVN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.

Always remember that anyone can file a complaint against an RN/LVN with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 16 years and represented over 150 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-4579.