Sleeping while on duty is the most common mistake an RN/LVN could make. The Texas BON may find an RN/LVN lacked the fitness to practice because of this reason. Although there are other factors and aspects to look for if you are really a fit to practice nursing. If you are summoned by the Board, you need a nurse attorney to represent you in court.
At the time of the incident, she was employed as an LVN at a hospital in Fort Hood, Texas, and had been in that position for three (3) years and two (2) months.
On or about September 28, 2019, through September 29, 2019, while employed as an LVN at a hospital in Fort Hood, Texas, and assigned to provide nursing care to a patient, LVN lacked fitness to practice nursing in that she was observed to be sleeping while on duty. LVN’s conduct could have affected her ability to recognize subtle signs, symptoms, or changes in the patient’s condition, and could have affected her ability to make rational, accurate, and appropriate assessments, judgements, and decisions regarding patient care, thereby placing the patient in potential danger.
In response, LVN explains she covered a shift and worked with the patient from 7 PM to 7 AM. LVN reports the patient was stable and slept through the night without major issues, aside from the few times the machine alarms went off. LVN explains the patient’s parents came into the room to check on him multiple times throughout her shift. LVN indicates at some point she was sitting in the chair next to the patient’s bed looking down at her phone. LVN explains she was trying to read the care plan and orders because they use their phones to document. LVN adds that the patient’s father came in and stood in front of her, but she did not say anything to him. LVN acknowledges she knew the patient’s father was there and this was the moment he may have thought she was asleep.
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),(1)(E),(4)&(5).
Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her LVN 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.