Every person who wants to become a professional nurse needs to go through several processes. First, there is a need to complete tertiary education in a nursing school. After graduation, the next step is to take the nursing board examination. The goal is to pass the said exam to become part of the professional nurses. Therefore, RNs and LVNs should be more careful whenever they are on their duty. All these only show that the process is not easy. Hence, every RN/LVN must take care of their license. Failure to hire the best nurse attorney to defend their case could simply lead to license suspension or revocation. The administrative body or agency that has the authority to hear cases regarding the nursing profession is the Texas Board of nursing.
On or about February 6, 2019, through May 1, 2020, while employed as an LVN and owner of a medical spa in McAllen, Texas, LVN exceeded her scope of practice by performing medical cosmetic procedures on patients without appropriate physician orders and supervision. Instead, LVN used inappropriate standing orders that did not contain patient-specific orders for treatment; documentation of patient-specific medical decision making regarding the appropriateness of the procedures; or the route, dose, and frequency of the cosmetic treatments to be administered. LVN’s conduct might have deceived the public and patients and might have exposed patients to a risk of harm. The standing orders have subsequently been upgraded.
On or about February 15, 2020 while employed as an LVN and owner of a medical spa in McAllen, Texas, LVN inadvertently misrepresented herself to the public as a Registered Nurse, including on LinkedIn, though she does not hold an RN license. LVN was issued a Cease-and-Desist letter by the Texas Board of Nursing on February 25, 2020, for representing herself as an RN.
In response, the forms that the LVN used at the time represented the generally accepted forms used by the med spa industry. These forms were utilized for both licensed and unlicensed injectors and providers of non-surgical cosmetic procedures and appeared to comply with Tex. Admin code 193.17.
However, while the Texas Medical Board implicitly approved those when it found no violation of the standard of care as to LVN’s medical director who utilized them, factual aspects of specific patient treatment put LVN in a position where the generality of the form created a situation where LVN may have unknowingly exceeded her scope. Furthermore, LVN delegated the task of web-site maintenance and information that LVN had graduated from nursing school was incorrectly put on the website as her being an LVN. LVN failed to catch the omission until it was brought to her attention and corrected the error as soon as she discovered it.
The above actions constitute 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)(P)&(2) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(6)(H)&(4).
The Texas Board of Nursing then subjected the LVN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the LVN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.
Always remember that anyone can file a complaint against an RN/LVN with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.