The Texas Board of Nursing is known to be very strict when it comes to all actions of nurses, which is why a nurse attorney is needed when attending hearings before the Board. The Texas Board of Nursing does not allow those who wish to exceed the scope of their practice as an RN or LVN. A certain LVN in Houston could’ve done this but failed to hire the right nurse attorney for the case.
The incidents happened from July 2013 through June 2016, when the LVN’s practice fell below the minimum standards of nursing practice in that she engaged in non-therapeutic prescribing practices. During this time period, she issued prescriptions for controlled substances, which included dangerous drug cocktails, without conducting appropriate assessments to justify her prescribing practices and ordering other treatment options in lieu of prescribing dangerous controlled substances to her patients.
The Texas Board of Nursing took action to the case, summoning the LVN to defend against the accusation.
During the hearing, the LVN denies non-therapeutically prescribing a controlled substance to a patient. She states during this time frame she was continuously employed with the primary focus of her practice being in pain management.
The LVN states accounting for weekends and holidays, this amounts to a daily average of approximately 8.5 prescriptions for controlled substances per work day. She states this number fails to take into account non-pain patients who were prescribed scheduled medications such as hypnotics.
The LVN further states she prescribed controlled substances to patients in a safe manner pursuant to their individual medical circumstances. She states all the patients listed in allegation had received treatment for chronic pain prior to coming under her care. She states most of these patients had been receiving treatment for many years and had failed numerous first and second-tier treatment modalities including physical therapy, massage, chiropractic care, non-scheduled analgesics and anti- inflammatories, injections, interventional procedures from pain specialist, and surgeries.
The LVN acknowledges it is not her responsibility to blindly continue a preexisting care plan. However, the patient’s prior treatment history is plainly relevant to their care. She states she followed a standard assessment protocol approved by her collaborative/delegating physician.
The LVN states as reflected in patient charts, past records were always requested multiple times even if they were ultimately unanswered. She states the standard protocol for follow-up visits included repeat urine screens and rechecks of the patient’s prescription profile with PAT. She states for any patient prescribed a controlled substance such as those listed in allegation she went over the potential risks and side effects of their medication.
The LVN states all patients were required to enter into a pain contract wherein they agreed to adhere their treatment program and conditions. She states side effects were addressed on each visit and dependent on how the patient did or did not benefit from their treatment regimen, their care plan would be adjusted.
The Texas Board of Nursing has full jurisdiction over all cases that may affect the RN license. The strictness of the Board also ensures that nurses will only commit to the duties they are assigned to in order to guarantee accurate and excellent performance in all hospitals throughout the state of Texas.
As a result, the Texas Board of Nursing decided to sentence her LVN license to disciplinary action to ensure that she will never commit such acts again.
The case would have yielded a different result if the LVN was able to hire a nurse attorney. So if you also have the same cases or concerns, it’s best to contact Nurse Attorney Yong J. An for further details. You may contact him at (832) 428-5679 to get a schedule for confidential consultation.