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Sleeping while on duty is the most common mistake an LVN could make. The Board may find an LVN lacked the fitness to practice because of this reason. Although there are other factors and aspects to look for if you are really a fit to practice nursing. If you are summoned by the Board, you need a nurse attorney to represent you in court.

At the time of the initial incident, she was employed as an LVN with a pediatric home healthcare services provider in Amarillo, Texas, and had been in that position for one (1) month.

On or about May 4, 2020, while employed as an LVN with a pediatric home healthcare services provider in Amarillo, Texas, and assigned to provide nursing care to a patient, LVN lacked fitness to practice in that she was sleeping while on duty. As a result, LVN left the patient unsupervised with the nebulizer and CPT vest treatment running. LVN’s conduct could have affected her ability to recognize subtle signs, symptoms or changes in the patient’s condition, and could have affected her ability to make rational, accurate, and appropriate assessments, judgements, and decisions regarding patient care, thereby placing the patient in potential danger.

In response, LVN denies falling asleep while caring for the patient. LVN states she initiated the patient’s nebulizer and CPT treatments after the patient ate. LVN states this was the first time she was lying in the patient’s bed due to her stomach not tolerating a sitting position. She describes bad stomach pains from heartburn, indigestion, and chest pain. LVN states that when the patient’s mother came into the room, she immediately sat up and explained to mother, “I’m sorry but I’ve been dying from stomach pains since this past weekend. The pain alleviates more when lying down, flat, curled up in a fetus position or having a heating pad on my stomach.”

The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10),(12)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(T) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(E),(4)&(5).

The Texas Board of Nursing then subjected the LVN and her license into disciplinary action. The accusation would have been defended by an experienced and skilled Texas Nursing Law Attorney, had the LVN hired one. Hiring a Texas Nursing Law Attorney for defense is applicable for any kind of accusation laid against an LVN.

For more details and to schedule a confidential consultation, you must approach one of the most experienced Texas Nursing Law Attorney, Yong J. An. He is an experienced nurse attorney who represented more than 300 nurse cases for RNs and LVNs for the past 16 years. You can call him at (832)-428-5679 to get started or to inquire for more information regarding nursing license case defenses.