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The practice of the nursing profession can become challenging and demanding all at the same time. An LVN in Texas needs to follow several rules and regulations to prevent revocation of his LVN license. In the past, several cases were filed against different nurses for misconduct and gross negligence which may have put their LVN license in danger. Therefore, nurses need a Texas nurse attorney.

At the time of the initial incident, he was employed as an LVN at a medical facility in Mesquite, Texas, and had been in that position for four (4) years and nine (9) months.

On or about December 2, 2020, while utilizing a Privilege to Practice (PTP) nursing from the State of Texas and employed as an LVN at a medical facility in Mesquite, Texas, LVN withdrew two (2) tablets of Oxycodone 10mg from the medication dispensing system for a patient but failed to accurately document the administration of the medication in the patient’s Medication Administration Record (MAR) and/or nurses’ notes. LVN’s conduct was likely to injure the patient, in that subsequent care givers would rely on his documentation to further medicate the patient, which could result in an overdose.

In response to the above incident, LVN states the first pill of Oxycodone fell on the floor, so LVN wasted the medication, pulled a new tablet, and administered it. LVN states his contract had been renewed twice at the facility and they had requested a third extension, but LVN declined due to the early winter weather of the area.

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)(C),(1)(D)&(3) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(C)&(4).

As a result, the Texas Board of Nursing decided to place his LVN license under disciplinary action. It’s too bad that he failed to hire a nurse attorney for assistance, knowing that he had every reason to defend himself in the first place. His defense would have gotten better if he sought legal consultation from a Texas nurse attorney.

So, if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. He is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.