Documentations have been a signature specialty of a nurse attorney when handling cases for some nurses. However, some nurses tend to forget this fact because they really felt like they should be responsible even if they never intended to commit such an error.
One such incident occurred to an LVN in Dallas. At the time of the initial incident, she was employed as the Dispensing LVN and part-owner of a rehabilitation center in Dallas, Texas, and had been in that position for five (5) years and three (3) months.
On or about February 19, 2018, through July 19, 2019, while employed as the Dispensing LVN and part-owner of a rehabilitation center in Dallas, Texas, LVN did the following:
- failed to adequately maintain and/or safeguard narcotics by routinely leaving bottles of liquid Methadone and Methadone diskettes out of the medication safe. LVN’s conduct left medications unaccounted for and placed the facility in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
- failed to maintain a documented system of dispensing and administering Methadone to patients. LVN’s conduct was likely to injure the patients in that subsequent caregivers would rely on her documentation to further medicate the patients, which could result in an overdose. Additionally, LVN’s conduct left medications unaccounted for and placed the facility in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and are a violation of 22 TEX. ADMIN. CODE §217.11(1)(A)&(1)(B) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4)&(11)(B).
As a result, the Texas Board of Nursing decided to revoke her LVN license. It’s too bad that she failed to hire a nurse attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she actually sought legal consultation from a Texas nurse attorney as well.
So, if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. He is an experienced nurse attorney for various licensing cases for 16 years and represented over 150 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.
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