Being an RN nurse in Texas comes with certain obligations and responsibilities. If you want to continue practicing in the nursing profession, one of the important things that you need to do is to comply with the rules and regulations set by the Texas Board of Nursing (BON). Every LVN or RN nurse in this state is subject to the jurisdiction of the Board of Nursing. Whenever there are administrative complaints against registered nurses, the Board will have the authority to hear and decide the merits of the cases.
In every proceeding before the Texas Board of Nursing (BON), the first thing that you need to remember is to get the assistance of a nursing defense attorney. At this point, it is important to note that exercising your right to counsel will be beneficial on your part. Keep in mind that even if a legal counsel does not represent you, the proceeding or hearing of your case will continue. When this happens, there is a high probability that you will eventually lose in the case.
Do not place yourself in a similar situation to that of Lexi. She is an RN nurse who obtained her nursing license in 1990. After obtaining a Baccalaureate degree in nursing, she immediately took the examination. When she passed the exam, she was hired as a staff nurse in a hospital wherein she worked for more than ten years.
While employed as a staff nurse, the RN nurse was found guilty of three (3) counts of health care fraud in the United States District Court for the Southern District of Texas, Houston Division in Houston, Texas. Because of this, the RN nurse was sentenced to thirty-three (33) months confinement, three (3) years supervised release, and ordered to pay restitution in the amount of four million seven hundred fifty-two thousand twenty-eight dollars and nineteen cents ($4,752,028.19).
At this point, it is important to highlight the fact that the conviction of the RN nurse in the case is a violation of the Texas Administrative Code. Because of this, his license was revoked with finality. The violation is with respect to this provision:
Sec. 301.452 provides for the grounds for disciplinary action:
(a)In this section, intemperate use includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs.
(b) A person is subject to denial of a license or to disciplinary action under this subchapter for:
(1) a violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order issued under this chapter;
(2) fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing;
(3) a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude;
(4) conduct that results in the revocation of probation imposed because of conviction for a felony or for a misdemeanor involving moral turpitude;
(5) use of a nursing license, diploma, or permit, or the transcript of such a document, that has been fraudulently purchased, issued, counterfeited, or materially altered;
(6) impersonating or acting as a proxy for another person in the licensing examination required under Section 301.253 or 301.255;
(7) directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized practice of nursing;
(8) revocation, suspension, or denial of, or any other action relating to, the person’s license or privilege to practice nursing in another jurisdiction or under federal law;
(9) intemperate use of alcohol or drugs that the board determines endangers or could endanger a patient;
(10) unprofessional conduct in the practice of nursing that is likely to deceive, defraud, or injure a patient or the public;
(11) adjudication of mental incompetency;
(12) lack of fitness to practice because of a mental or physical health condition that could result in injury to a patient or the public; or
(13) failure to care adequately for a patient or to conform to the minimum standards of acceptable nursing practice in a manner that, in the board’s opinion, exposes a patient or other person unnecessarily to risk of harm.
If you are looking for a Texas nurse license defense lawyer that has a proven track record in this practice area, contact the Law Firm of Yong J. An 24/7 by calling or texting him at (832) 428-5679 for a confidential consultation. Mr. An has over 10 years’ experience handling Texas BON disciplinary action cases and has helped several dozens of nurses in Texas protect their nursing license.