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One of the saddest things that can happen to a RN or LVN nurse in Texas is losing his professional nursing license. It is a known fact that becoming a licensed nurse in this country is not an easy process. The journey is long which is why it really painful for any RN or LVN nurse to wake up one day realizing that he no longer has a license to practice the nursing profession.

The government body that is responsible for the revocation or suspension of the nursing license is the Texas Board of Nursing (BON). Any nurse found to have violated the laws and regulations of Texas as well as internal rules on workplaces may be subjected to a disciplinary proceeding before the Board. One of the cases filed before the Texas Board of Nursing (BON) was for a complaint against a nurse alleged to have been guilty of negligence.

In the complaint filed against Joyce, a RN nurse in Texas, it was alleged that while she was employed as a staff nurse in Dallas, she incorrectly documented the medical record of a patient admitted to the hospital. The patient received a nasogastric tube feeding as well as a bottle-feeding. However, she did not put this into the records of the patient. Because of this act committed by the RN nurse, it resulted in an inaccurate medical record, and exposed the patient unnecessarily to a risk of harm. It was alleged that the other health care providers would base their decisions for further care on inaccurate information.

This conduct is a clear violation of the law, specifically:

Sec. 301.452. Grounds for Disciplinary Action.

(a)In this section, intemperate use includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs.

(b) A person is subject to denial of a license or to disciplinary action under this subchapter for:

(1) a violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order issued under this chapter;

(2) fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing;

(3) a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude;

(4) conduct that results in the revocation of probation imposed because of conviction for a felony or for a misdemeanor involving moral turpitude;

(5) use of a nursing license, diploma, or permit, or the transcript of such a document, that has been fraudulently purchased, issued, counterfeited, or materially altered;

(6) impersonating or acting as a proxy for another person in the licensing examination required under Section 301.253 or 301.255;

(7) directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized practice of nursing;

(8) revocation, suspension, or denial of, or any other action relating to, the person’s license or privilege to practice nursing in another jurisdiction or under federal law;

(9) intemperate use of alcohol or drugs that the board determines endangers or could endanger a patient;

(10) unprofessional conduct in the practice of nursing that is likely to deceive, defraud, or injure a patient or the public;

(11) adjudication of mental incompetency;

(12) lack of fitness to practice because of a mental or physical health condition that could result in injury to a patient or the public; or

(13) failure to care adequately for a patient or to conform to the minimum standards of acceptable nursing practice in a manner that, in the board’s opinion, exposes a patient or other person unnecessarily to risk of harm.

For failure to find the right attorney to handle her case, the RN nurse was eventually adjudged liable for the case filed against her. The Texas Board of Nursing (BON) rendered a decision for the revocation of the nursing license with finality. She was not able to appeal the case due again to the same reason that she did not have a reliable nursing defense attorney.

What happened to Joy was very unfortunate. May you never find yourself in the same situation as she was. Consult with Texas nurse attorney Yong J. An today if you have any questions about your response letter or the disciplinary process by calling or texting him at (832) 428-5679 day, night or weekends.