Getting intoxicated by alcohol or drug use while at work is a serious case, which is why a nurse attorney is needed if you get accused of this kind of scenario. However, some who thought they were guilty of the charges failed to hire a nurse attorney just because they thought it’s the doom for their RN or LVN license already. But that is not entirely the case as there is still hope.
Unfortunately, an RN from El Paso failed to do this, resulting in disciplinary action from the Texas Board of Nursing. Take note that the Board handles all of the cases that may affect the RN or LVN license from receiving the suspension, disciplinary action, or revocation. However, with a right nurse attorney for the case, rest assured that the case can go according to the nurse’s favor, especially if the nurse has a good defense against the case.
On or about April 30, 2013, the RN submitted an Online Renewal Document to the Texas Board of Nursing, in which she answered “No” to the question:
“In the past 5 years, have you been addicted or treated for the use of alcohol or any other drug?”
The RN failed to disclose that she entered into treatment for alcohol abuse on December 22, 2012.
On or about August 25, 2014, while employed as a Registered Nurse and participating in the Texas Peer Assistance Program for Nurses (TPAPN), the RN submitted a specimen for a random urine drug screen which resulted positive for alcohol. As a result, she restarted her participation with TPAPN on September 7, 2014. Her conduct could have affected her ability to recognize subtle signs, symptoms or changes in patients’ conditions, and could have affected her ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patient in potential danger.
During the hearing, the RN asserts she did not intentionally answer “no” on her renewal form and believed since she was compliant with her treatment she did not have to disclose to the Board. She states she did not lack fitness to practice because she never drank prior to work or while at work. The RN states she first sought treatment in December 2012, and after a relapse, she returned to treatment in January 2014. The RN states her employer suggested she enroll in TPAPN. She admits she had a brief relapse and a positive drug screen in December 2014.
In March 2015, the RN states she was overwhelmed at work, bought beer on her way home and relapsed. She states she had the option to return to treatment or to be turned into the Board. The RN stated she could not return to treatment due to lack of financial resources because she had lost her job and insurance.
After being dismissed from TPAPN, the RN states she realized she needed to return to treatment to maintain her sobriety and her nursing license. She states she did return to treatment in April 2015 and has maintained her sobriety since the Board’s investigation began. The RN also provided Adult Outpatient Sign-In sheets from Serenity House for Group and Individual sessions from May 2015, through June 2015, a negative Urinalysis Screening Form.
This is the reason why the Texas Board of Nursing discipline and suspended her license.
Any RN or LVN should never use any substance in and out of work as it may affect their performance, which may lead to further issues to the patients they are taking care of. Additionally, if you ever undergo cases such as this, it’s best to seek the assistance of a good nurse attorney as it could make the case better in your favor. Be sure to find a nurse attorney who’s experienced and knowledgeable in several nurse cases to ensure the best assistance possible.
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. Texas nurse attorney Yong J. An is one of those dedicated nurse lawyers who 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.