All LVN or RN is under the jurisdiction of the Texas Board of Nursing (BON). Upon facing the Board, you need to consult a nurse attorney to gain knowledge about the case you are dealing with. All complaints or cases concerning the practice of the LVN or RN license are lodged before the Texas Board of Nursing (BON). Thereafter, the members of the Board will hear the case and decide on the issues or matters submitted for resolution. The parties charged are given the opportunity to be heard. This is part of their right to due process.
In one of the recent cases decided by the Texas Board of Nursing (BON), an LVN failed to defend her LVN license. Before a case was filed against her, she was employed as a staff nurse in a state hospital.
On or about May 12, 2016, while employed in a home health service center, and assigned to her patient, who is a minor that is ventilator dependent, has a tracheostomy, and is fed via gastrostomy, the LVN lacked the fitness to practice nursing in that she was observed to be sleeping while on duty by the patient’s mother. Her conduct was likely to injure the patient in that it adversely affected her ability to recognize subtle signs, symptoms, or changes in the patient’s conditions, 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.
The LVN admits to the allegation of dozing off during her shift. She further states the mother continues to allow her to provide nursing care for her son in which she continues to work night shifts. She states she recognizes the responsibility of providing adequate nursing care and will ensure that this does not occur in the future.
Unfortunately, the Texas BON disciplined and suspended her LVN license because she failed to properly defend her case.
In another incident, a case was filed against an LVN for her impaired behavior while on duty.
On or about October 14, 2015, while employed in a country hospital, she lacked the fitness to practice nursing in that she exhibited impaired behavior while on duty, including slurred speech, unsteady gait, difficulty concentrating, and appearing confused. Her condition could have affected her ability to recognize subtle signs, symptoms, or changes in patients’ conditions, and could have affected her ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patients in potential danger.
On or about October 14, 2015, she also engaged in the intemperate use of Hydrocodone, and Methadone, in that she produced a specimen for a for-cause drug screen that resulted positive for Hydrocodone and Methadone.
The use of Hydrocodone and Methadone by the LVN, while subject to call or duty, could impair her ability to recognize subtle signs, symptoms, or changes in a patient’s condition, and could impair her ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing a patient in potential danger.
Due to this, the Texas Board of Nursing disciplined her and her LVN was suspended.
Do you have questions about the Texas Board of Nursing disciplinary process? Contact a Nurse Attorney Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679 and ask for nurse attorney Yong.
