It is commonly known that the Texas Board of Nursing does not allow any type of behavior that can jeopardize the quality of healthcare provided across Texas hospitals, medical centers, home healthcare facilities, and any other facilities that employ nurses. If a nurse in Texas demonstrates any type of conduct that interferes with providing proper care to patients, the Texas BON will intervene with disciplinary action. Never worry as a nurse attorney is always there to help every RN/LVN.
At the time of the incident, he was employed as an RN at a medical facility in Frisco, Texas, and had been in that position for two (2) years and three (3) months.
On or about January 8, 2020, while employed as an RN at a medical facility in Frisco, Texas, RN was accused of the following:
- RN withdrew Morphine 2 mg from the medication dispensing system for a patient but failed to follow the facility’s policy and procedure for wastage of the unused portions of the medication. 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.
- RN took Morphine 1mg home in his scrubs and when questioned by his employer, he returned it. RN failed to conform to the standards for the safe handling of unused portions of medications.
In response, RN states it was a busy night, which contributed to him making an honest mistake due to the demands and distractions. RN relates when he retrieved the Morphine 2mg, he could not find a nurse to assist him with wasting. RN states the patient complained of a burning sensation from IV medications, so he diluted Morphine 1mg with normal saline and administered it to the patient. RN relates he kept the remaining Morphine 1mg in his pocket with the intention of wasting it with another nurse, but subsequently became busy with other tasks and inadvertently forgot about the Morphine 1mg in his pocket. Furthermore, RN states he submitted the Morphine vial to management on January 14, 2020, after they informed him of the discrepancy. RN relates the facility denied his request to take a urine drug screen (UDS), so he completed a UDS independently, which returned negative results.
The above actions constitute 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) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B), (4),(10)(C)&(11)(B).
However, without valid evidence to defend his side of the story, the RN lost the case. Furthermore, the RN failed to hire a Texas BON attorney to help him with his case. Because of this, the Texas Board of Nursing disciplined the RN’s license.
Do not be stressed or anxious if you find yourself in a similar situation as that of the RN mentioned above. All you need to do is to find the right RN/LVN license attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LVN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.