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A controlled substance is a drug that is tightly controlled or regulated by the Controlled Substance Act because for the reason that it can be abused or even caused addiction. If such a drug is administered incorrectly without a valid order from a physician, great harm to a patient can happen. The RN will be held accountable for it. If such a mistake happens, you should always consider having a nurse attorney for the defense.

At the time of the incident, the LVN was employed as a Licensed Vocational Nurse at a hospital in Dallas, Texas, and had been in that position for one (1) year and five (5) months.

It was on or about January 1, 2020, the LVN removed a Hydrocodone-Acetaminophen Controlled Drug Record Count Sheet pertaining to a patient from the narcotic count book without notifying staff and replaced it with a handwritten narcotic drug sheet that contained inaccurate information. The original narcotic drug sheet indicated one hundred twenty (120) tablets were delivered by Legends Pharmacy II on December 27, 2019, but the handwritten narcotic sheet created by the LVN indicated the patient only had eighty (80) tablets delivered. Further, the LVN documented in the handwritten sheet that he was the only nurse to have administered medication to the patient, when, in fact, the Progress Notes and Treatment Administration Records indicated that other nurses administered medication to the patient as well. The LVN’s conduct was likely to injure the patient, in that subsequent caregivers would rely on his documentation to further medicate the patient, which could result in an overdose. Additionally, the LVN’s conduct left medications unaccounted for, was likely to deceive the hospital pharmacy, and placed the facility in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.

In response to the incident, the LVN states a patient spilled liquid on the narcotic book and it wet the first two narcotic sheets. He attempted to clean the sheets as best as he could but they were too saturated to continue to use for documentation purposes. The LVN removed the two (2) sheets and placed them on a desk located in the nurses’ station and covered them with paper towels. The LVN proceeded to handwrite two (2) controlled sheets to replicate the information that was on the two sheets that were wet. One of the controlled sheets was for the patient and the quantity of the medication remaining on the handwritten sheet was the same as the sheet that had gotten wet. The two wet sheets remained on the desk located by the nurses’ station when the LVN completed his shift and left the facility as there was no managerial staff to turn in the sheets to.

Because of the incident, the Texas Board of Nursing has subjected the RN to disciplinary action. The RN could have received a different ending result if he had consulted and ask assistance from a nurse attorney. But he failed to hire a nurse attorney that has led to the decision of the Board.

Regarding a case or complaint filed on 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 lawyers who have helped various nurses in their cases since 2006. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.