Controlled Substances are illegal drugs. These are also used as prescription drugs that are regulated by the law. If a nurse is accused of whatever use of the Controlled Substances, a criminal case will be filed against you. So, it is best to seek help from a nurse attorney, before the worst can happen to your license and career.
At the time of the initial incident, an LVN was employed as a Licensed Vocational Nurse at a hospital facility in Pharr, Texas, and had been in that position for five (5) months.
On or about March 19, 201 9 through May 27, 2019, while employed as a Licensed Vocational Nurse, the LVN signed out seventy-four (74) tabs of Oxycodone HCL 5mg for the patient, but failed to document and/or completely and accurately document the administration of the medications in the patient’s Medication Administration Record (MAR) and/or nurses’ notes. In addition, the LVN admitted to failing to document administration. The LVN’s conduct was likely to injure the patient, in that subsequent caregivers would rely on her documentation to further medicate the patient, which could result in an overdose. Additionally, the LVN’s conduct placed the facility in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
On or about March 1 9, 2019 through May 27, 2019, while employed as a Licensed Vocational Nurse, the LVN signed out seventy-four (74) tabs of Oxycodone HCL 5mg for the patient but failed to follow the facility’s policy and procedures for wastage of the unused portions of the medication. The LVN’s conduct left medications unaccounted for, was likely to deceive the hospital pharmacy, and placed the pharmacy in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
On or about March 19, 2019, through May 27, 2019, while employed as a Licensed Vocational Nurse, the LVN misappropriated seventy-four (74) tabs of Oxycodone HCL 5mg from the facility and the patient thereof or failed to take precautions to prevent such misappropriations. In addition, the patient denied receiving Oxycodone. The LVN’s conduct was likely to defraud the facility and patients thereof of the cost of the medications.
In response to the incidents, the LVN states this patient would mention having knee pain to her, so she would get the medication for them. The LVN states if a patient-reported pain to her, she would let the medication aide know, and sometimes they would hand the LVN the medication and she would forget to document administration. The LVN denies misappropriation. The LVN states she took this position as a double weekend nurse while looking for a less mentally and physically taxing position. The LVN states this facility had high acuity patients and a lack of staffing, which resulted in her taking on the responsibilities of a nurse, CNA, and, sometimes, medication aide or helping the medications aides with medication pass due to understaffing.
The LVN lost the case and will be disciplined by the Texas Board of Nursing (BON) for the reason that she failed to hire a reliable and experienced nurse attorney and may receive further sanctions for it. Do not be stressed out or anxious if you find yourself in a similar situation as that of the LVN mentioned above. All you need to do is to find the right nurse attorney who can help you with the case.
Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse license attorney. Texas Nurse Attorney Yong J. An, is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 200 nurses before the Texas BON. Contact the Law Office of Yong J. An, 24/7 through text or call at (832) 428-4579.