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Many people want to become LVN or RN in the state of Texas. These individuals strive hard in finishing their nursing degree to qualify for the board examination handled by the Texas Board of Nursing (BON). This only shows that this kind of profession is popular in the country. Since the number of professional nurses keeps on increasing every year, the government of Texas has enacted certain rules and regulations for the protection not only of the patients but even the nurses themselves. Notwithstanding these laws, there are still a high number of LVNs/RNs who keep on violating the statutes and special laws enacted by the government. This is the primary reason why there are many complaints filed before the Texas Board of Nursing (BON). One of the nurses got involved in a particular case and failed to hire a nurse attorney for the case.

On or about November 1, 2017, through November 6, 2018, while employed as an LVN and owner of a medical spa in Richardson, Texas, LVN exceeded her scope of practice by performing medical cosmetic procedures on patients without appropriate physician orders and supervision. Instead, LVN used inappropriate standing orders that did not contain patient-specific orders for treatment; documentation of patient-specific medical decision making regarding the appropriateness of the procedures; or the route, dose, and frequency of the cosmetic treatments to be administered. LVN’s conduct might have deceived the public and patients and might have exposed patients to a risk of harm. The standing orders have subsequently been upgraded.

On or about March 1, 2018, while employed as an LVN and owner of a medical spa in Richardson, Texas, LVN inadvertently misrepresented herself to the public as a Registered Nurse, including on LinkedIn, though she does not hold a Registered Nurse License. LVN was issued a Cease-and-Desist letter by the Texas Board of Nursing on February 28, 2018, for representing herself as a Registered Nurse.

In response, the forms that the LVN used at the time represented the generally accepted forms used by the med spa industry. These forms were utilized for both licensed and unlicensed injectors and providers of non-surgical cosmetic procedures and appeared to comply with Tex. Admin code 193.17. However, while the Texas Medical Board implicitly approved those when it found no violation of the standard of care as to LVN’s medical director who utilized them, factual aspects of specific patient treatment put LVN in a position where the generality of the form created a situation where LVN may have unknowingly exceeded her scope. Furthermore, LVN delegated the task of website maintenance, and information that LVN had graduated from nursing school was incorrectly put on the website as her being an RN. LVN failed to catch the omission until it was brought to her attention and corrected the error as soon as she discovered it.

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(M),(1)(P)&(2) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(6)(H)&(4).

A case was ultimately filed against her before the Texas Board of Nursing (BON). The said allegation was fatal to the LVN’s capability to perform the essential functions and duties. Sad to say, the nursing defense attorney who handled her case was not able to properly defend her interests and rights before the Board. The Texas Board of Nursing (BON) found her guilty of the offense alleged in the complaint and subjected her LVN license to disciplinary action.

If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed against you, you should hire a nurse attorney immediately before it’s too late. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 150 nurse cases for the past 16 years. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.