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Holding an LVN license in Texas comes with certain obligations and responsibilities. If you want to continue practicing in the nursing profession, one of the important things that you need to do is to comply with the rules and regulations set by the Texas Board of Nursing (BON). Every LVN in this state is subject to the jurisdiction of the Board of Nursing. Whenever there are administrative complaints against LVN, the Board will have the authority to hear and decide the merits of the cases. Every nurse also needs a nurse attorney for better defense in their case.

At the time of the incident, she was employed as an LVN at a public school in Fort Worth, Texas, and had been in that position for ten (10) years and two (2) months.

On or about September 16, 2019, while employed as an LVN at a public school in Fort Worth, Texas, LVN was accused of the following:

1. LVN made several attempts but was unable to successfully submit her report of suspected abuse of a student within the time period required by Texas Family Code 261.101 due to system issues with the DFPS online reporting system. LVN’s conduct was likely to delay an investigation into the unsafe environment and may have unnecessarily exposed the student to emotional, physical, and/or psychological harm.

2. LVN engaged in unprofessional conduct in that she texted a former student about the student’s assault, the report made to her, and events following the report. LVN’s conduct violated the professional boundaries of the nurse-student relationship and was likely to injure the students in that it could have resulted in confusion between the needs of the nurse and those of the students. In addition, LVN’s conduct may have caused delayed distress for the student, which may not be recognized or felt by the student until harmful consequences occur.

In response, LVN states she reported the incident to Child Protective Services via the telephone hotline after several failed attempts to report to the online reporting system. LVN states the principal was also notified of the incident and law enforcement was called. LVN states she contacted a friend of the student who reported the assault, who was a former student and the roommate of the student. LVN states she contacted the friend about the wellbeing of the student since it was Wednesday, and she had not seen the student since Monday. LVN states she also asked the friend to tell the student she had not shared any information reported to her with anyone else.

The above actions constitute 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)(D)&(1)(J) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4),(6)(C)&(6)(D).

The Texas Board of Nursing gave the LVN sufficient time to defend the complaints filed against her. However, there was a failure on the LVN’s part to find the right nurse attorney to handle her case. The negligence of the RN/LVN license attorney led to the decision of the Texas BON to place the LVN’s license under disciplinary action.

Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 150 nurse cases 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 confidential consultation regarding any accusations from the Texas BON.