by | Aug 18, 2021

A violation to the Controlled Substance Act of the Texas Health and Safety Code is considered a criminal offense, such violation is punishable with large fines or prison sentences and for RNs, their license can be suspended or worst be revoked.  If an RN is involved in such a situation, a nurse attorney can be a great help.

At the time of the initial incident, the RN was employed as a Registered at a medical facility in Garland, Texas, and had been in that position for seven (7) months.

The incident happened on or about January 9, 2017, through January 23, 2017, the RN withdrew one (1) vial of Morphine 4mg and one (1) vial of Morphine 2mg from the medication dispensing system for patients but failed to document and/or completely document the administration of the medications in the Medication Administration Records and/or nurses’ notes. The RN’s 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. Additionally, the RN’s conduct placed the hospital in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.

Another incident happened on the same dates, the RN withdrew one (1) vial of Morphine 4mg and one (1) vial of Morphine 2mg, from the medication dispensing system for patients but failed to follow the facility’s policy and procedure for wastage of the unused portions of the medications. The RN’s conduct left medications unaccounted for, was likely to deceive the hospital pharmacy, and placed the pharmacy in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.

And on or about January 23, 2017, the RN falsely documented administration of three (3) one (1) liter boluses of normal saline in the Medication Administration Record (MAR) for the patient in that the RN admitted to the false documentation to the Nurse Manager and the Charge Nurse. The RN’s conduct created an inaccurate medical record and failure to administer medications as ordered by the physician could have resulted in non-efficacious treatment.

Thus, in response to the incidents, the RN states that she received a verbal order on January 9, 2017, and forgot to chart it. In regards to the January 23, 2017 incident, the RN states that she allowed a physician’s intimidation to affect her decision-making.

The RN’s misconduct has put her in a difficult situation. The above-mentioned incidents were the information submitted and became the evidence that proves the violation of the RN. The violation of the RN was pursuant to Section 301.452(b)(10)&(13), Texas Occupations Code. The RN’s case would have yielded a different result if she had consulted and hired a nurse attorney for defense against the case.

A nurse attorney is someone whom an RN can rely on when it comes to an accusation or any nurse case. Hiring the right nurse attorney to represent you in court is for sure would result in a positive outcome. Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of RN License Attorney Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679 and ask for attorney Yong.

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