A nurse can face a lot of accusations, allegation cases, or complaints cases and they will face the Texas Board of Nursing to formally follow procedures. However, if a nurse is experiencing such circumstances, a nurse attorney can be their defense and can assist them in dealing with the cases they are facing.
At the time of the initial incident, she was employed as an LVN with a home health services provider in Abilene, Texas, and had been in that position for twenty (20) years.
On or about April 16, 2020, while employed as an LVN with a home health services provider in Abilene, Texas, RN was accused of the following:
- LVN misappropriated Fentanyl belonging to a patient in that the medication was found in her car and she admitted to the patient’s wife she had taken the medication. LVN’s conduct was likely to defraud the facility and patients thereof of the cost of the medications.
- LVN engaged in the intemperate and unlawful use of amphetamines and opiates in that she produced a specimen for a drug screen that resulted positive for opiates and amphetamines. Unlawful possession of amphetamines and opiates is prohibited by Chapter 481 (Controlled Substances Act) of the Texas Health & Safety Code. The use of amphetamines and opiates by a Nurse, while subject to call or duty, could impair the nurse’s ability to recognize subtle signs, symptoms, or changes in a patient’s condition, and could impair the nurse’s ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing a patient in potential danger.
In response, LVN states she hurt her back and tried to stay home but was told there was no one to cover for her. LVN states she made a poor decision and used an old Fentanyl patch from a patient, which turned into a dependence. LVN states she continued to use old patches taken from patients. LVN states she went through rehabilitation and has been sober for one (1) year as of April 2021.
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) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4), (5),(6)(G),(8),(10)(A),(10)(C),(10)(D),(10)(E)&(11)(B).
The Texas Board of Nursing gave the LVN enough time to defend the complaints filed against her. However, there was a failure on the LVN’s part to find the right RN/LVN license attorney to handle her case. The negligence of the RN/LVN license attorney led to the decision of the Texas BON to place the LVN’s license under disciplinary action.
Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LVN license attorney. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 300 nurse cases for the past 16 years. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679 for a confidential consultation regarding any accusations from the Texas BON.