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The assistance of a nurse attorney is needed if you’re facing a case before the Texas Board of Nursing. Your defense can be strengthened further if you’re going to face the Board, even if your case is in multiple instances of failure to follow proper documentation procedures. There are times where mistakes at work could be inevitable, which is why a nurse attorney can assure full assistance over such errors. Disciplinary actions could have been thought about by the Texas Board of Nursing if this particular RN from Tyler, Texas hired a nurse attorney over her case.

At the time of the initial incident, she was employed as an RN at a hospital in Tyler, Texas, and had been in that position for (8) eight months.

On or about July 15, 2020, while employed as an RN at a hospital in Tyler, Texas, RN withdrew Ambien 5mg for Patient LH, but instead of administering the Ambien, a round-shaped tablet, to the patient, RN administered an oval-shaped tablet. When the patient asked about the difference in shape, RN falsely informed the patient that the manufacturer changed. RN failed to document that Ambien was administered or wasted, and thus left the Ambien unaccounted for, either misappropriating the medication or failing to take precautions to prevent such misappropriation.

Furthermore, on July 16, 2020, when the patient requested Ambien and informed RN that she did not want the same oval-shaped tablet as the night prior, RN falsely informed the patient that all of the Ambien tablets in the Pyxis machine were oval. RN brought an opened package to the patient containing an oval-shaped tablet that did not fit in the package and was labeled with the number L612 to the patient. The patient took the oval-shaped tablet, then looked up the number L612 online and identified the tablet she took as Claritin, for which she did not have a physician’s order. Subsequently, the patient experienced feeling jittery and anxious as the patient had a history of allergic reaction to antihistamines. It was later discovered that RN falsely documented that she administered Ambien instead of Claritin.

RN’s conduct created an inaccurate medical record and was likely to injure the patient in that subsequent caregivers would rely on her documentation to further medicate the patient. Further, RN’s conduct was likely to injure the patient in that failure to administer Ambien as ordered by the physician could have resulted in non-efficacious treatment. In addition, RN’s conduct was likely to deceive the hospital pharmacy and place them in violation of Chapter 481 of the Texas Health and Safety Code (Controlled Substances Act) and defraud the facility and the patient of the cost of the medication. Further, RN’s conduct was deceptive.

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)(C)&(1)(D) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4),(6)(A),(6)(G),(6)(H),(8),(10)(A),(10)(C),(10)(E) & (11)(B).

The Texas Board of Nursing then subjected the RN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the RN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.

Always remember that anyone can file a complaint against an RN / LVN with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 16 years and represented over 150 nurses before the Texas BON. Contact the Law Office of Yong J. An, 24/7 through text or call at (832) 428-4579.

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