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The Texas Board of Nursing (BON) is the government agency that has jurisdiction to hear and decide administrative cases involving RN and LVN in Texas. It is also the agency that is responsible for overseeing the practice of professional nursing all over the state of Texas. Any RN or LVN who is guilty of violating state laws and issuances from the Texas Board of Nursing (BON) may be subjected to penalties or fines if not properly defended by a Texas nurse attorney. As a matter of fact, the RN license and LVN license can even be suspended or revoked.

At the time of the incident, she was employed as an LVN with a hospice care provider in Midland, Texas, and had been in that position for sixteen (16) years and three (3) months.

On or about March 1, 2019, through May 24, 2019, while employed as an LVN with a hospice care provider in Midland, Texas, and on assignment in the home of a patient, LVN failed to assess the patient’s oxygen saturation (O2 sat) levels as ordered by a physician. Subsequently, LVN falsely documented oxygen saturation readings in the patient’s medical record although she did not use the pulse oximeter provided in the home or her own. LVN’s conduct exposed the patient unnecessarily to a risk of experiencing unrecognized clinical complications. Additionally, LVN’s conduct was likely to injure the patient in that subsequent caregivers would rely on her documentation to provide further care.

In response to the incident, LVN states that around March 2019, the patient and family moved to a new house, and the O2 saturation (O2 sat) machine was unavailable. LVN states that the patient had a visit with his doctor, and his parents reported that the patient was ready to have his trach removed; therefore, they started capping his trach to breathe on his own. LVN states that with the doctor telling his parents that he does not need to have O2 sat checked all the time, in preparing him to have the trach removed, no harm was done. LVN acknowledges that she did not check the patient’s O2 at all the times when the family moved to the new home. LVN explains that during the day his O2 sat stayed normal as she could tell by his breath sound.

The above action constitutes 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)(D)&(1)(M) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4)&(6)(A).

Because of this, the LVN was summoned by the Texas Board of Nursing to defend her side but the LVN failed to hire a nurse attorney to help her with her case and without proper defense, the Texas Board of Nursing then decided to place her LVN license under disciplinary action.

If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed on you, you should hire a nurse attorney immediately before it’s too late. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 200 nurse cases for the past 16 years. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-4579 for a confidential consultation regarding any accusations from the Texas BON.