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In Texas, the government has created a special agency that has the jurisdiction to handle controversies and cases involving the nursing profession. This tribunal is called the Texas Board of Nursing (BON). Every RN or LVN subjected to a disciplinary proceeding or administrative case before the Board is given an opportunity to be heard and defend himself from all accusations. Every nurse with a pending case before the Texas Board of Nursing (BON) is encouraged to hire a nurse attorney.

Unfortunately, there are some RNs and LVN who fail to find the right nurse attorney to handle their cases. As a result, most of them would be judged liable for the complaints. This usually leads to the revocation of a professional nursing license.

This is what happened to an LVN in San Angelo, Texas. At the time of the initial incident, she was employed as an LVN with a health agency center in San Angelo, Texas.

On or about January 14, 2019, while employed as an LVN with a health agency center in San Angelo, Texas, and assigned to provide nursing care for Patient AF, LVN lacked fitness to practice vocational nursing in that she was observed sleeping during her shift and subsequently admitted to her supervisor she was asleep. LVN’s condition could have affected her ability to recognize subtle signs, symptoms, or changes in patient’s conditions, and could have affected her ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patients in potential danger.

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)(T) and 22 TEX. ADMIN. CODE §217.12 (1)(A), (1)(B),(1)(E),(4)&(5).

On or about January 18, 2019, while employed as an LVN with a health agency center in San Angelo, Texas, LVN submitted a specimen for a drug screen that resulted positive for Methamphetamine. Possession of Methamphetamine is prohibited by Chapter 481 of the Texas Health & Safety Code (Controlled Substances Act). The use of methamphetamine by an LVN, while subject to call or duty, could impair the nurse’s ability to recognize subtle signs, symptoms, or changes in the patient’s condition, and could impair the nurse’s ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patient in potential danger.

The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(9),(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(T), and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(E),(4),(5),(10)(A) & (10)(D).

The Texas Board of Nursing (BON) found her guilty for the complaint against her and her LVN license was revoked. She lost the case simply because the LVN failed to find an effective and efficient nurse attorney. Avoid committing the same mistake she did. Find the right nurse attorney in Texas to help you with your needs. 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 him directly by calling or texting him at (832) 428-5679 for a discreet consultation.

 

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