Allegations and complaints while at work are serious cases, 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 the right 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.
At the time of the initial incident, she was employed as an RN at a hospital in Odessa, Texas, and had been in that position for one (1) year and four (4) months.
On or about October 30, 2019, while employed as an RN at a hospital in Odessa, Texas, RN was accused of the following:
1. RN withdrew 4 mg of Morphine from the medication dispensing system for a patient but failed to follow the facility’s policy and procedure for wastage of the unused portion of the medication. RN’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.
2. RN administered 2mg of Morphine to the patient but failed to assess the patient’s pain level. The Morphine was ordered to be given “as needed” for pain. RN’s conduct unnecessarily exposed the patient to a risk of harm from complications associated with unnecessary doses of Morphine.
3. RN misappropriated or failed to take precautions to prevent the misappropriation of Morphine from the facility and patients thereof. RN’s conduct was likely to defraud the facility and patients of the cost of the Morphine.
In response to the above accusations, the RN states she wasted the excess medication and does not know why the medical records do not reflect that she did. RN asserts that she assessed the patient’s pain level prior to withdrawing Morphine and denies that she misappropriated any medication.
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)(C)&(1)(M) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B), (1)(E), (4), (5), (6)(G), (8), (10)(A), (10)(C), (10)(D), (10)(E) &(11)(B).
As a result, the Texas Board of Nursing decided to place her RN license under disciplinary action. It’s too bad that she failed to hire a nurse attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she 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 the past 16 years and represented over 200 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.