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Documentations have been a signature specialty of a Nurse BON Attorney when handling cases for some nurses. However, some nurses tend to forget this fact because they really felt like they should be responsible even if they never intended to commit such an error.


One such incident occurred to an RN in 2019. At the time of the initial incident, she was employed as an RN and Director of Nurses at a health care center in Richardson, Texas, and had been in that position for one (1) year and eight (8) months


On or about March 17, 2019, while employed as an RN and Director of Nurses (DON) at a health care center in Richardson, Texas, RN created a medication count sheet for a resident and inaccurately documented that one hundred twenty (120) tablets of Tylenol #4 were remaining instead of ninety-eight (98). Additionally, RN failed to verify the Tylenol #4 count with another nurse. RN’s conduct created an inaccurate medical record and placed the facility in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.


On or about March 18, 2019, while employed as an RN and DON at a health care center in Richardson, Texas, RN did the following:


  1. failed to count narcotics with another nurse prior to leaving the facility. Instead, RN left the narcotic keys in the office drawer of the ADON. RN’s conduct left narcotics unsecured and unaccounted for and placed the facility in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.


  1. misappropriated, or failed to take precautions to prevent the misappropriation of, one hundred thirty (130) tablets of Tylenol #4 belonging to residents A and B. The Tylenol #4 tablets were brought to RN for disposal, and it was subsequently discovered that the Tylenol #4 tablets were replaced with regular strength Tylenol. RN’s conduct unnecessarily exposed the residents and facility staff to a risk of harm from potential drug diversion.


In response, RN states that on March 17, 2019, she went through the narcotics to put them on the log for disposal. RN states she remembers coming across resident A’s medication and not being able to find the count sheet. RN states she counted the pills in the bottle and there were 120, which was the quantity written on the bottle. RN states that since the count was right, she made a count sheet. RN adds that she did not notice anything unusual or different about the medications. RN further states that the day she received resident B’s medication, there was no count sheet because it was medication she brought from home and there were no orders to continue it. RN states she counted those pills and made a count sheet for them. RN states there was nothing unusual or different about those medications either. On March 18, 2019, RN states she was exhausted and burnt out, so she made the decision to clean out her things (two days before her last day) and left her keys in the ADON’s drawer. RN asserts that she did not take any medications, nor did she put a different medication in the bottle. RN adds that the narcotics were ultimately her responsibility to be disposed of.


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) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C),(4),(6)(G),(6)(H),(10)(B)&(11)(B).


As a result, the Texas Board of Nursing placed her RN license under disciplinary action. It’s too bad that she failed to hire a nurse attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she actually sought legal consultation from a Texas Nurse BON Attorney as well.


So, if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse BON 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 who has helped more than 200 nurse BON license cases for RNs and LVNs for the past 16 years. You can call him at (832)-428-5679 to get started or to inquire for more information regarding nursing license case defenses.