Controlled Substances refer to illicit drugs that are prohibited by law. However, there are certain prescription drugs that fall under this category and are strictly regulated. If an RN faces allegations regarding the use of Controlled Substances, it can lead to a criminal case being initiated against them. Therefore, it is advisable to consult a nurse attorney to seek assistance, to prevent any detrimental consequences to their professional license and career.
At the time of the initial incident, RN was employed as a Family Nurse Practitioner with a medical facility in College Station, Texas, and had been in that position for two (2) years and one (1) month.
On or about August 11, 2018, through May 5, 2020, while employed as an FNP with a medical facility in College Station, Texas, RN exceeded her scope of practice as an FNP by treating psychiatric patients, though she is not licensed as a Psychiatric Mental Health Practitioner. Additionally, RN’s practice fell below the minimum standards of nursing practice in that she engaged in non-therapeutic prescribing practices. During this time, RN issued prescriptions for controlled substances to psychiatric patients without documenting appropriate assessments to justify her prescribing practices and/or exploring/ordering other treatment options in lieu of prescribing dangerous controlled substances to her patients. Further, RN failed to completely/accurately document collaboration with a delegating/collaborating physician in the patients’ medical records; failed to appropriately monitor her patients for abusive and/or drug seeking behavior; and failed to completely/accurately document in the patients’ medical files. RN’s conduct, as outlined above, affected 15 different patients.
In response, RN states that she wholeheartedly admits that she provides care and treatment for exclusively psychiatric patients, but she disagrees that this is outside her scope of practice because she has substantial training in psychiatry and all her prescriptions are appropriate and well supervised. RN states that after the initial plan of care is formulated and initial medications are begun, the FNPs in her office see the patients for monthly follow up appointments. RN adds that if a patient becomes unstable or has more complex needs, then the psychiatrist is available for consultation.
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)(D)&(4); §217.12(1)(A),(1)(B)&(1)(C)&(4); 222.4(a)(1)(B) ; 222.8(b)(2); 222.10(a)(3); and 221.12(1).
The Texas Board of Nursing gave the RN enough time to defend the complaints filed against her. However, there was a failure on the RN’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 RN’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 nurse 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.