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The Texas Board of Nursing (BON) has the jurisdiction to hear and decide cases involving the practice of professional nursing in Texas. Any RN or LVN found guilty of violating the state laws and regulations may be subjected to a disciplinary case if not properly defended by a nurse attorney.

At the time of the initial incident, an RN was employed as a Registered Nurse at a health facility in Beaumont, Texas, and had been in that position for five (5) months.

It was on or about April 15, 2021, while on a temporary assignment as a Registered Nurse, the RN misappropriated forty-seven point four (47.4) micrograms of Fentanyl belonging to the facility and patients thereof, or failed to take precautions to prevent such misappropriation in that a vial she returned to the facility after removing from the premises and indicated had fifty (50) micrograms was tested and resulted with two-point six (2.6) micrograms of Fentanyl. The RN’s conduct may have defrauded the facility and patients thereof of the cost of the medications.

According to the RN: “The remaining medication was given to TS in the medication vial. I was unaware of the proper procedure to send the medication to med tox, upon learning what the proper procedure is, I note that the medication was not securely sealed to send to med tox. Once the medication vial was in the facility’s hands, I do not know what was done with it. Additionally, I have been attending an Intensive Outpatient Program successfully and am near completion. Information regarding this can be given to the Texas Board of Nursing upon request. I have also been attending counseling sessions with a counselor. I plan to enroll in the TPAPN program at this time according to the Texas Board of Nursing orders and have no doubt that I can successfully complete this program, as I have an extreme amount of support from my employer, my family, colleagues, and friends. I feel that I am safe to practice nursing and not harm the public that we serve in healthcare. I am extremely passionate about caring for others and providing exemplary patient care.”

As a result, the Texas Board of Nursing placed her RN license in 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 attorney as well.

So if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.