A controlled substance is a drug that is tightly controlled or regulated by the Controlled Substance Act because for the reason that it can be abused or even caused addiction. If an LVN is using the excess leftover drugs for personal use, great harm to a patient can happen. The LVN will be held accountable for it. If such a mistake happens, you should always consider having a nurse attorney for the defense.
At the time of the incident, he was employed as an LVN at a medical facility in Irving, Texas, and had been in that position for twenty-two (22) years and three (3) months.
On or about June 13, 2020, while employed as an LVN at a medical facility in Irving, Texas, LVN was accused of the following:
- LVN withdrew one (1) vial of Morphine 4 mg from the medication dispensing system for a patient but failed to document and/or accurately and completely document the administration of the medication in the patient’s Medication Administration Record (MAR) and/or Nurses’ Notes. Furthermore, after being contacted by staff, LVN found the vial of Morphine in his pocket and returned it to the facility. LVN’s conduct was likely to injure the patient, in that subsequent care givers would rely on his documentation to further medicate the patients, which could result in an overdose. Additionally, LVN’s conduct placed the hospital in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
- LVN withdrew one (1) vial of Morphine 4 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 medications. LVN’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.
In response to the above incidents, LVN states he withdrew morphine for the patient, but did not administer it due to the patient’s change in condition. LVN explains that he put the vial in his pocket and failed to return it to the medication dispensing system and accidentally took it home, unknowingly. LVN relates he didn’t realize he had the vial in his scrubs until after he got home and was notified by the facility.
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)&(1)(D) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B),(1)(C),(4),(10)(C)&(11)(B).
The Texas Board of Nursing then subjected the LVN and his 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 RN or 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.