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It’s best to seek the help of a nurse attorney when facing different complaints and allegations. However, some nurses tend to face these results instead without thinking that nurse attorneys are always reliable for matters such as these.

At the time of the initial incident, she was employed as an RN at a hospital in Pharr, Texas, and had been in that position for three (3) months.

On or about November 19, 2020, while employed as an RN at a hospital in Pharr, Texas, RN inappropriately allowed a patient to take the employee N-95 fit test, though she reported claustrophobia, anxiety, and prior moderate anxiety while wearing a respirator including trouble breathing, heart rate increase, and sweating. RN passed the patient, though the patient took the mask off during the test to cough and returned to the clinic afterwards reporting increased symptoms of anxiety. Additionally, RN failed to document the patient’s response during the test, and the subsequent return to the clinic and vital signs obtained. When notified of the patient’s response to the test on November 21, 2020, the Medical Director instructed that the patient was not safe to wear an N-95 mask at work based on her symptoms and reported claustrophobia. RN’s conduct resulted in an incomplete medical record and exposed the patient to a risk of harm from respiratory and emotional distress while wearing an N-95 respirator.

In response, RN states that the patient indicated that she had worn an N-95 mask in the past, and experienced moderate anxiety which required no treatment by a provider, as well as claustrophobia. RN states that since the patient reported moderate anxiety symptoms after wearing the mask for over an hour, and the test only takes 2.5 minutes, then it was fine. RN states that a brief cough during the test did not indicate that the patient was in any distress. RN states that she did not observe any symptoms during the test. RN states that the manager told RN that additional documentation was needed in the chart, though she was not allowed to note a late entry of vital signs taken and her interventions.

The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(D)&(1)(M) and 22 TEX. ADMIN. CODE §217.12 (1)(A)&(1)(B).

Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her RN license was subjected to disciplinary action. She did not hire a skilled Texas BON attorney to fully defend her case which led to this decision by the Texas Board of Nursing.

Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of Texas Nurse Attorney Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 300 nurse cases for RNs and LVNs for the past 16 years.