Drug use has been a signature specialty of a criminal 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.
On or about August 21, 2006, the LVN submitted to a urine drug screen. Her drug screen was positive for marijuana metabolites. Marijuana contains cannabis, which is listed as a Schedule I. controlled substance. A Schedule 1 substance has a high potential for abuse and has no currently accepted medical use in treatment in the United States and its use under medical supervision does not meet accepted safety standards.
The LVN did not have a prescription for marijuana. Additionally, the LVN did not have a legitimate medical reason for using marijuana.
The law provides that failing to meet or departing from minimal standards of acceptable and prevailing nursing practice shall include testing positive for any drugs on any drug screen when the nurse does not have a prescription and legitimate medical reason for using such drugs.
This issue was filed as a complaint and sent to the Texas Board of Nursing. The Texas Board of Nursing has full jurisdiction in all cases that may affect the status of an RN or LVN’s license in the future. But they advise nurses to attend a hearing first before placing the sentence, which the RN attended for her career’s security.
As a result, the Texas Board of Nursing placed her RN license to disciplinary action. It’s too bad that she failed to hire a nurse attorney for assistance, knowing she might have had a reason to defend herself in the first place. Her defense would have gotten better if she actually sought legal consultation from a Texas criminal 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. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.