In every proceeding before the Texas Board of Nursing (BON), the first thing that you need to remember is to get the assistance of a nurse attorney. At this point, it is important to note that exercising your right to counsel will be beneficial on your part. Keep in mind that even if a legal counsel does not represent you, the proceeding or hearing of your case will continue. When this happens, there is a high probability that you will eventually lose in the case.
At the time of the initial incident, she was employed as an LVN at a hospital in Pharr, Texas, and had been in that position for two (2) months.
On or about September 11, 2020, while employed as an LVN at a hospital in Pharr, Texas, LVN misappropriated one (1) vial of Zofran belonging to the facility and patients thereof. LVN’s conduct was likely to defraud the facility and patients thereof of the cost of the medications.
Another incident happened on or about October 5, 2020, while employed as an LVN at a hospital in Pharr, Texas, LVN withdrew two (2) vials of Zofran 4mg from the medication dispensing system for a patient in excess dosage of the physician’s order. LVN’s conduct was likely to injure the patient in that the administration of medication in excess dosage of the physicians’ orders could result in the patient suffering from adverse reactions. Additionally, LVN’s conduct placed the hospital in violation of Chapter 483 (Dangerous Drugs Act) of the Texas Health and Safety Code.
In response, LVN admits she misappropriated the Zofran for personal use due to feeling nauseated while on duty. LVN states she found the vial on the counter in the medication room and ingested the medication orally. LVN states she was the only nurse on duty with significant experience and the facility was understaffed. LVN states no patient harm came from the action, but she acknowledges that it was unacceptable.
The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4),(6)(G),(6)(H),(8),(10)(E)&(11)(B).
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.
Make sure that you will not make the same mistake as the LVN mentioned above in her case before the Texas Board of Nursing (BON). Contact a Texas nurse attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 16 years and represented over 300 nurses before the Texas BON. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.