When facing any charges especially when it is about a criminal offense, it is best to seek help form a nurse attorney. A nurse attorney is someone who represents RNs and LVNs in court. They are also the ones who react and make decisions quickly on demanding conditions.
At the time of the initial incident, an RN was employed as a Registered Nurse at a hospital in Sachse, Texas, and had been in that position for seven (7) years and four (4) months.
On or about April 23, 201 8, while employed as a Registered Nurse, the RN engaged in the intemperate and unlawful use of Fentanyl in that he produced a specimen for a reasonable suspicion drug screen that resulted positive for Fentanyl. Unlawful possession of Fentanyl is prohibited by Chapter 481 (Con rolled Substances Act) of the Texas Health & Safety Code. The use of Fentanyl by a Nurse while subject to call or duty could impair the nurse’s ability to recognize subtle signs, symptoms, or changes in a patient’s condition, and could impair the nurse’s ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing a patient in potential danger.
On or about November 23, 2018, while employed as a Registered Nurse, the RN lacked the fitness to practice nursing in that he exhibited signs of impaired behavior while on duty, including, but not limited to difficulty staying awake, repeating himself, and inarticulate speech. The RN’s condition could have affected his ability to recognize subtle signs, symptoms, or changes in patient’s conditions, and could have affected his ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patients in potential danger.
On or about November 23, 201 8, the RN withdrew one (1) bag of Fentanyl 50mcg/ml 50mL from the medication dispensing system for the patient but failed to document land/or accurately and completely document the administration of the medication in the patient’s Medication Administration Record (MAR) and/or nurses’ notes. The RN’s conduct. was likely to injure the patient, in that subsequent caregivers would rely on his documentation to further medicate the patient, 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.
On or about November 23, 2018, the RN withdrew one (1) bag of Fentanyl 50mcg/ml 50mL from the medication dispensing system of the Patient but failed to follow the facility’s policy and procedures 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.
In response, the RN denies Fentanyl use. In addition, the RN provided a hair follicle test, dated December 18, 2018, which was negative for Fentanyl. And the RN also states that he had attempted to call into work after not sleeping for over thirty-six (36) hours for a family vacation but was told he had to come in, and throughout his shift, he notified the charge nurse he could not continue to work, but he was told to continue to work.
The Texas Board of Nursing gave the RN the chance to defend herself. However, she was not able to provide a good defense for herself, especially when the evidence was brought up to her. Therefore, the Board placed her RN license to disciplinary action instead.
If you are summoned to appear before a licensing board regarding a disciplinary incident, you will need an experienced nurse attorney who knows how to handle nurse cases.
Attorney Yong J. An is a Texas nurse attorney that has a proven track record. He has over 16 years of experience handling Texas BON disciplinary action cases and has helped protect the license of numerous nurses in Texas. For a confidential consultation, call or text him at (832) 428-5679.