Upholding ethical and legal standards in healthcare practices is paramount to maintaining patient safety and trust within the healthcare community. Nurses play a pivotal role in adhering to established protocols and ensuring that proper authorization and documentation accompany medical orders. However, instances of misusing pre-signed physician order forms can raise concerns about the integrity of nursing practice and the potential compromise of patient care. When faced with allegations of this nature, seeking legal guidance is essential to navigate the complexities of the situation. A nurse attorney can provide invaluable support in ensuring a fair evaluation of the circumstances, protecting the nurse’s rights, and advocating for transparency, accountability, and adherence to established medical protocols.
At the time of the initial incident, he was employed as an LVN at an assisted living community in Waco, Texas, and had been in that position for one (1) year and six (6) months.
On or about July 2020, through September 21, 2020, while employed as an LVN at an assisted living community in Waco, Texas, LVN inappropriately utilized pre-signed physician order forms to write orders for residents for medications, lab draws, and imaging. LVN’s conduct was likely to deceive the pharmacy and other members of the healthcare team.
In response, LVN states that he had pre-signed prescription forms from the in-house doctor. LVN states that the doctor would previously come to the facility 2-4 times a week, but due to COVID-19, he stopped coming to the building. LVN states that they began to utilize pre-signed prescriptions and telephone orders because the facility would not accept a telephone order that was not signed, and required an accompanying hardcopy script when the patient needed an immediate order. LVN states that the doctor, at times, was not able to send a faxed prescription or telephone order back to them right away, and sometimes the fax machine did not work. LVN states that using the pre-signed prescriptions and telephone orders was a stop-gap method he used at the time. LVN describes that he would call the doctor on his cell phone, who would inform LVN what the order was, and LVN would write it on the pre-signed form, then reading back the order to confirm. LVN states that he was later informed by compliance staff and the executive director that the procedure needed to stop, and at that time LVN would instead call and fax the doctor the orders to sign, and wait for the returned signed fax from the doctor.
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)(D) and 22 TEX. ADMIN. CODE §217.12(1)(B), (1)(C)&(6)(H).
The Texas Board of Nursing then subjected the LVN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the LVN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.
Always remember that anyone can file a complaint against an RN/LVN with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN 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.