Any type of accusation or negligence can be defended, as long as there is a skilled nurse attorney ready to assist you during the hearing before the Board of Nursing. The Texas Board of Nursing has full jurisdiction regarding cases that may affect an RN or LVN’s license from suspension, disciplinary action, or revocation.
At the time of the initial incident, an RN was employed as a Registered Nurse at a hospital facility in Wichita Falls, Texas, and had been in that position for five (5) years and one (1) month.
On or about March 19, 2018, through March 23, 2018, while employed as a Registered Nurse, the said RN withdrew Hydromorphone, Fentanyl, and Hydrocodone from the medication dispensing system for patients, but failed to document, and/or completely and accurately document the administration of the medications in the patients’ medication administration records (MARs) and/or nurse’s notes. The conduct of the RN could have placed patients at risk, in that subsequent caregivers would rely on her documentation to further medicate the patients 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.
It was on or about March 19, 2018, through March 23, 2018, while employed as a Registered Nurse, the RN withdrew Hydromorphone, Fentanyl, and Hydrocodone from the medication dispensing system for patients, but failed to follow the facility’s policy and procedure for wastage of any unused portions of the medications. The conduct of the RN left medications unaccounted for and placed the pharmacy in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
On or about March 19, 2018, through March 23, 2018, while employed as a Registered Nurse, the RN withdrew Hydromorphone, Hydrocodone, and Fentanyl from the medication dispensing system for patients, in the excess frequency of the physician’s orders. The action of the RN placed the hospital in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
It was on or about March 19, 2018, through March 23, 2018, while employed as a Registered Nurse, the RN failed to take precautions to prevent the misappropriation of Hydromorphone, Fentanyl, and Hydrocodone from the facility and patients thereof. The RN’s action could have defrauded the facility and patients’ cost of the medications.
On or about March 23, 2018, while employed as a Registered Nurse, the RN withdrew Hydrocodone from the medication dispensing system for Patient FO without a valid physician’s order. The behavior of the said RN placed the hospital in violations of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
It was on or about May 25, 2021, and June 2, 2021, that the said RN submitted to a chemical dependency evaluation by the hospital’s doctors, who concluded that the RN does not have a chemical dependency impairment that would prevent her from practicing nursing with skill and safety.
In regards to the occurrence of the said incident, the RN states that due to a nationwide drug and medical supply shortage in the months following the 2017 hurricane season and changes in the United States Food and Drug Administration (FD) regulations, hospitals and other medical facilities faced extreme challenges in maintaining previous standards of patient care. As a result, the RN and other nurses were forced to advocate for their patient’s care and comfort in unconventional ways which resulted in mismatched documentation between medication withdrawals, patient numbers, and waste documentation. As a charge nurse, the RN was tasked with withdrawing medications from various Pyxis machines around the hospital for her floor nurses so that the floor nurses would not have to leave the unit to do so, which would compromise patient safety. The RN denied misappropriating medications of any kind at any time. The RN further states that the doctor that evaluated her chemical dependency noted in her report that she does not believe the RN was misappropriating the missing medications. The RN also does not admit to any of the said incidents and accepts this Agreed Order for the sole purpose of avoiding the time and expense of a formal hearing.
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.