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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 nurse attorney. As a matter of fact, the RN or LVN license can even be suspended or revoked.

At the time of the initial incident, he was employed as an RN at a hospital in Harlingen, Texas, and had been in that position for approximately fifteen (15) years.

On or about August 18, 2017, through August 25, 2017, while employed as an RN at a hospital in Harlingen, Texas, RN misappropriated Fentanyl, Tramadol, and Hydromorphone belonging to the facility or patients thereof, or failed to take precautions to prevent such misappropriation. RN’s conduct was likely to defraud the facility and patients of the cost of the medications.

On or about September 29, 2017, while employed as an RN at a hospital in Harlingen, Texas, RN engaged in the intemperate use of Hydromorphone and Fentanyl, in that he submitted a urine specimen for a “for cause” drug screen that resulted in positive for Hydromorphone and Fentanyl. Possession of Hydromorphone and Fentanyl, without a valid prescription, is prohibited by Chapter 481 of the Texas Health & Safety Code (Controlled Substances Act). The use of Hydromorphone and Fentanyl by an RN, 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 actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(9),(10),(12)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(D) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C)&(4).

As a result, the Texas Board of Nursing decided to place his RN license under disciplinary action. It’s too bad that he failed to hire a nurse attorney for assistance, knowing that he had every reason to defend himself in the first place. His defense would have gotten better if he sought legal consultation from a Texas nurse attorney as well.

So, if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. He is an experienced nurse attorney for various licensing cases for 16 years and represented over 150 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.