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The role of an RN in the healthcare landscape is one of great responsibility, emphasizing patient care, safety, and adherence to ethical standards. However, there are instances where an RN may become involved in non-therapeutic prescribing practices, which are actions that extend beyond their scope of practice and lack therapeutic benefit for the patient. Engaging in such practices can not only jeopardize patient well-being but also lead to serious legal and professional consequences for the RN involved. When facing such allegations, the expertise and guidance of a nurse attorney can prove invaluable for RNs seeking to protect their rights and nursing license.

At the time of the initial incident, RN was employed as a Family Nurse Practitioner at a medical facility in Denton, Texas, and had been in that position for ten (10) months.

On or about January 2021, through October 2021, while employed as a Family Nurse Practitioner at a medical facility in Denton, Texas, RN was accused of the following:

  1. 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 patients without conducting 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 collaborate, and/or 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.
  2. RN exceeded her scope of practice by treating psychiatric patients, though she is not licensed as a Psychiatric Mental Health Practitioner, without collaborating, and/or completely/accurately documenting the collaboration with a delegating/ collaborating physician in the patients’ medical records. RN’s conduct unnecessarily exposed the patients to risk of harm from treating psychiatric patients without having sufficient education and training. Additionally, RN’s conduct may have created an incomplete medical record, and was likely to injure the patient in that subsequent care givers would not have complete information to base their decisions for further medical care.

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),(1)(C),(1)(D),(1)(P)&(4) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C),(1)(E),(3),(4);221.12(1):222.4(a)(1)(B); 222.10(a) (3); and 228.1(h)(2).

However, without enough evidence to prove she’s not guilty, the RN lost the case. This is the reason why the Texas Board of Nursing placed her RN license under disciplinary action. 

Do not be stressed or anxious if you find yourself in a similar situation as that of the RN mentioned above. All you need to do is to find the right RN/LVN license attorney who can help you in the case. 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 an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.