When you are a professional nurse in Texas, one of the things that you must never forget is to follow the laws imposed by the State. Aside from this, a LVN or RN nurse is expected to abide by the rules and regulations set by the Texas Board of Nursing. Non-compliance with these laws and statutes can have severe consequences. As such, every professional with a nursing license must act in accordance with the oath of the profession. For failure to do so, the consequences may include the suspension or revocation of a license.
There are many cases in Texas wherein a licensed nurse is terminated from his employment due to certain violations of the hospital or clinic policies. In some instances, a nurse may also be subject to an administrative case before the Texas Board of Nursing. At this point, it is important to note that the complaint may be filed by any interested party or by the Board itself. Once a case is filed, a hearing will follow wherein both parties are given the opportunity to air their side.
On or about December 27, 2004, the RN nurse lacked fitness to practice vocational nursing in that he showed an impaired behavior while on duty, including, but not limited to: aberrant behavior, sleeping while standing; motioning her hand to her mouth as if drinking out of cup, when there was no cup in her hand; and slurred speech. The condition of the RN nurse could have affected her ability to recognize subtle signs, symptoms or changes in Patient’s condition, and could have affected her ability to care for the patient.
The above action constitutes grounds for disciplinary action in accordance with section 301.452(b)(10)&(12), Texas Occupation Code, and is a violation of the Texas Administrative Code, to wit:
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.
Furthermore, the complaint alleged that her acts placed the lives of his patients in danger. The complainant said that what she did was very unbecoming for a professional nurse. During the hearing of the case, Anna did not do anything. The registered nurse ignored the notice sent by the Texas Board of Nursing (BON). The proceeding continued without her getting an opportunity to defend herself. Eventually, she lost in the administrative case.
What happened to Kate is only a clear example of how difficult it is for a RN nurse to go undefended before the Texas Board of Nursing (BON). Contact a Texas nurse attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.
