Select Page

Being an RN/LVN is rewarding indeed, despite the exhaustion that nurses feel. Seeing a patient recover from illness or has been in relief after the treatment is indeed a priceless moment to all nursing practitioners. It is also unavoidable that a nurse commits mistakes while on duty. A single mistake for nurses could bring great harm to patients. If this happens, the Board has the jurisdiction for such matter. But remember that a nurse attorney can help you face the Board as your representative in court.

At the time of the initial incident, an LVN was employed as a Licensed Vocational Nurse at a hospital in Conroe, Texas, and assigned to a County Jail, and had been in that position for one (1) year.

It was on or about June 1, 2019, through June 6, 2019, while employed as a Licensed Vocational

Nurse, the LVN misappropriated medications including, but not limited to, Benadryl, Trazodone, Onlanzolpine, Risperidone, Gabapentin, Metformin, Venlafaxine Hydrochloride, Carbamazepine, and Ibuprofen belonging to the facility and patients, thereof, or failed to take precautions to prevent such misappropriation. The LVN’s conduct was likely to defraud the facility and patients thereof of the cost of the medications.

And on or about June 6, 2019, the LVN engaged in unprofessional behavior in that she bypassed the shakedown point without being searched when entering/reentering the correctional facility and it was later discovered after conducting a search of her belongings that she had contraband that included various amounts of medications in clear baggies. The LVN’s conduct was deceptive and created an emergency situation that may have caused delayed distress for correctional officers and inmates, which may not be recognized or felt until harmful consequences occur.

In regards to the incidents above, the LVN states on June 6, 2019, that she was working in the facility clinic learning her position as a new nurse to the facility. The LVN states she was clocking back in from her lunch break and was returning to her station in the clinic when this incident occurred. And also states that she misunderstood that these times the officers wanted the medical staff to participate in their search for entering the facility. The LVN states normally nurses would bypass search and the same was for all other previous breaks she had while working at the facility and returning to her assigned area. She states not once did officers request she be searched while entering the facility to return to the clinic, which is why she didn’t believe she was to be included in this search. She also added that she was not hiding anything or attempting any misconduct or unprofessionalism. She states that medications found in her belongings as contraband was unexpected. And she states that the medications came from a previous medication pass at Harris County jail of a lockdown unit in which they prepackaged the medication because the med cart could not enter the lockdown pod. The LVN states the med cart would be left in the locked holding area until she returned to complete the medication pass of the regular pods. The LVN states that normally any unused medications from the lockdown pods would be given back to the onside pharmacy for disposal. And states that she was unaware of any medications in her belongings and thought she only had the empty unused baggies in her belongings.

After, Formal Charges were filed on July 14, 2020.  After the Board’s investigation, the evidence received is sufficient cause pursuant to Section 301.452(b)(10), Texas Occupations Code, to take disciplinary action against the LVN. The decision made by the Board was based on the evidence they received.

The LVN has failed to hire a nurse attorney for the defense and help regarding the case and resulted in such an outcome. Avoid a similar thing from happening on your end. Make sure to find the right nurse attorney in case a complaint will be filed against you before the Texas Board of Nursing (BON).

Consult with Texas nurse attorney Yong J. An today if you have any questions about your disciplinary process by calling or texting him at (832) 428-5679 day, night or weekends.