Accusations, complaints, and allegations towards an RN or an LVN are reviewed and evaluated by the Board, if they need to be disciplined or not. However, if you are an RN and violated the nursing laws, you should seek proper help from a nurse attorney. Doing so could result in a different outcome and prevent your license from suspension or revocation.
At the time of the initial incident, she was employed as an RN at a hospital in Lewisville, Texas, and had been in that position for four (4) months.
On or about April 7, 2020, through April 8, 2020, while employed as an RN at a hospital in Lewisville, Texas, RN failed to wear a face mask, as mandated by her employer during a national pandemic, to prevent the transmission of COVID-19 to herself, colleagues, and patients. On or about April 8, 2020, RN produced a specimen for a COVID- 19 virus screen and returned to work the following day with results pending. On or about April 9, 2020, through April 10, 2020, RN continued to work an entire shift with results pending and periodically removed her mask. At the end of her shift, her COVID-19 test results returned positive. Subsequently, RN admitted to management that she knew the face mask was mandatory but did not wear it because it was uncomfortable, and she could not breathe. RN’s conduct created an unsafe environment and exposed patients and staff to infectious pathogens and communicable conditions.
In response, RN states that she did remove her N95 mask at times while working, primarily when eating or drinking in the breakroom or at the nurse’s station. RN states that when she was at the nurse’s station and needed to remove her mask in order to improve her breathing, she did so only after informing the other staff around her so that they would be wearing their face masks when she was not. RN states that she never entered any patient rooms without a face mask. RN explains that she was exposed to and contracted COVID-19 by carpooling with a nurse who tested positive. RN states that following exposure, she frequently requested and pleaded with management to be tested beginning April 1, 2020, but they refused because she didn’t work at the facility the carpool nurse did. RN states that she did not receive testing until April 8, 2020 despite being symptomatic. RN states that while she does acknowledge violating an outdated policy by removing her mask while indoors, she did not do so with malice and would not have been in the building had the facility been proactive and tested her after a known exposure.
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),(1)(M),(1)(O)&(1)(T) and 22 TEX. ADMIN. CODE §217.12.(1)(A),(1)(B),(4)&(5).
Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her RN license was subjected to disciplinary action. She did not hire a skilled Texas BON attorney to fully defend her case which led to this decision by the Texas Board of Nursing.
Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of Texas Nurse Attorney Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 300 nurse cases for RNs and LVNs for the past 16 years.