Being a lvn or rn nurse can be highly rewarding in the state of Texas. It feels good to be of service to other people by providing excellent nursing care all the time. There are a lot of opportunities for those who have a nursing license in our country. Most nurses prefer to work in a hospital wherein they face different challenges every single day. While practicing the nursing profession, every nurse is mandated to observe the laws, rules and regulations imposed by the state as well as by their employer.
In Texas, the government has created a special agency that has the jurisdiction to handle controversies and cases involving the nursing profession. This tribunal is called as the Texas Board of Nursing (BON). Every nurse subjected to a disciplinary proceeding or administrative case before the Board is given an opportunity to be heard and defense himself from all accusations. This every nurse with a pending case before the Texas Board of Nursing (BON) is to encourage hiring an attorney.
Unfortunately, there are some RN nurses who fail to find the right nursing defense lawyer to handle their cases. As a result, most of them would be adjudged liable for the complaints. This usually leads to the revocation of professional nursing license. This is what happened to a RN nurse named Marian.
On or about September 28, 2016, while utilizing a privilege to practice (PTP) nursing from Houston, Texas, she removed two (2) oxycodone 5mg tabs for a particular patient. In so doing, she failed to follow hospital’s policy and procedure for the proper wastage of the unused portion of the oxycodone. What she did was to simply flush the medication down a toilet. The RN nurse admitted he had done so as an attempt to correct a discrepancy, which resulted from her own negligence.
The act of the RN nurse violated the Texas Administrative Code. The law provides:
Sec. 301.452. 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.
The Texas Board of Nursing (BON) found her guilty for the complaint against her. She lost the case simply because the RN nurse failed to find an effective and efficiently nursing lawyer. Avoid committing the same mistake that Shirley did. Find the right nursing defense attorney in Texas to help you with your needs. Contact nurse attorney Yong J. An directly by calling or texting him at (832) 428-5679 for a discreet consultation.