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Any LVN or RN nurse who committed a malpractice, dishonorable act or violation of state laws may be subjected to a disciplinary action. The governmental agency that has the authority to deal with the acts and omissions of the nurses in Houston is the Texas Board of Nursing (BON). This agency is composed of several members who are responsible for hearing and deciding any complaint or case filed before an LVN/RN. If you are summoned to appear before a licensing board regarding a disciplinary incident, you will need an experienced nurse attorney in Texas who knows how to handle nurse cases.

At the time of the initial incident, he was employed as an LVN at a hospital in El Paso, Texas, and had been in that position for approximately ten (10) months.

On or about May 25, 2020, while employed as an LVN at a hospital in El Paso, Texas, LVN did the following:

  1. LVN exhibited unprofessional behavior in that during shift change he stated, “I just want to F* *** ** give report and get the f* ** out of here,” loud enough that it was heard by a patient. Additionally, LVN appeared annoyed physically and, in his tone, when asked questions for clarification of patient care and interrupted another shift change report in front of the patient’s family members. LVN’s conduct was inappropriate and could have been disruptive to the patient’s treatment.
  2. LVN lacked fitness to practice professional nursing in that he was observed sleeping at the nurse’s station during his shift. LVN’s conduct could have affected his ability to recognize subtle signs, symptoms or changes in patients’ conditions, and could have affected his ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patients in potential danger.

In response, LVN denies unprofessional behavior, denies conduct that was inappropriate and could have been disruptive to the patient’s treatment. Additionally, LVN notes that he was at the end of three consecutive twelve plus-hour shifts. LVN explains that all needed and pertinent patient information was provided to the oncoming nurse who had covered this shift in his previous shift. Furthermore, LVN denies sleeping at the nurse station.

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10),(12)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(T) and 22 TEX. ADMIN. CODE §217.12(1)(B),(1)(E),(4)&(5).

A case was ultimately filed against him before the Texas Board of Nursing (BON). The said allegation was fatal to the LVN’s capability to perform the essential functions and duties. Sad to say, the nursing defense attorney who handled his case was not able to properly defend his interests and rights before the Board. The Texas Board of Nursing (BON) found him guilty of the offense alleged in the complaint and decided to place his LVN license under disciplinary action.

If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed against 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 attorneys who helped represent more than 300 nurse cases for the past 16 years. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.