Falsifying documents is considered a criminal offense which is punishable by a fine or even jail time. It is also considered a medical malpractice case. An LVN involved in such a case could lose his/her license. Altering or tampering with medical records can be dangerous to the patients. However, if an LVN is accused of doing such a crime, a nurse attorney is crucially needed.
At the time of the initial incident, she was employed as an LVN at a hospital in Killeen, Texas, and had been in that position for one (1) year.
On or about June 24, 2020, through June 25, 2020, while employed as an LVN at a hospital in Killeen, Texas, LVN wrote a lab order for the patient to have cancer markers tested and stamped the physician’s name on it without authorization. Subsequently, LVN sent the order over to a Clinical Pathology Laboratory, where the patient had already provided a specimen for the test. LVN’s conduct exceeded her scope of practice and was likely to deceive the laboratory.
In response, LVN states that she received a call from the lab in regard to the patient, reporting they needed a lab order signed as the patient had requested the specific test, paid for the test, and the lab draw had already been completed thus needing a signed order to send results. LVN explains that due to the pandemic, increase in patient volume, reduction in staff, and a single provider managing patient appointments, it was an often occurrence to have incomplete provider notes or things were forgotten to be ordered. LVN also states that it was common for staff to create and send orders the provider had forgotten that the patient reported was discussed during the visit, without notes from the visit. LVN states that she did not know that ordering that specific lab that was already completed was wrong as she believed it was discussed during the visit. LVN states that she now understands that she should have informed the provider prior to stamping and sending the order.
The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A)&(1)(B) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B), (4),(6)(A),(6)(H)&(11)(B).
As a result, the Texas Board of Nursing decided to place her LVN 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 300 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.