Maintaining the highest standards of professionalism and ethical conduct is a fundamental aspect of nursing practice, as patient safety and well-being depend on the competence and dedication of healthcare professionals. Unfortunately, there are instances when an RN’s behavior raises serious concerns about their fitness to practice nursing. When confronted with such complex legal matters, RNs facing allegations regarding their fitness to practice nursing can benefit greatly from the expertise of a nurse attorney to protect their rights and professional reputation amidst challenging circumstances.
At the time of the initial incident, she was employed as an RN at a medical health care facility in Edinburg, Texas, and had been in that position for nine (9) years and seven (7) months.
On or about February 22, 2021, while employed as an Advanced Practice Registered Nurse at a medical health care facility in Edinburg, Texas, and assigned to two (2) maternity patients who required fetal monitoring, RN was accused of the following:
- RN lacked fitness to practice nursing in that she was found sleeping in the hallway outside of her patients’ room. RN’s conduct was likely to injure the patient in that it adversely affected her ability to recognize subtle signs, symptoms, or changes in the patients’ conditions, and could have affected her ability to make rational, accurate, and appropriate assessments, judgements, and decisions regarding patient care, thereby placing the patients in potential danger.
- RN engaged in the intemperate and/or unlawful use of cocaine in that she produced a specimen for a for cause drug screen that resulted positive for cocaine. The use of a cocaine 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, judgements, and decisions regarding patient care, thereby placing a patient in potential danger.
In response, RN states her physician prescribed her Lexapro, which she explains provided incomplete relief and the physician had to adjust the dosage several times. Each time the dosage was adjusted, RN states the side effects would increase but eventually level out. RN admits on February 22, 2021, she attended a party with several friends and against her better judgement, she tried cocaine. RN states a few days later, she reported for her shift at the facility, noting her Lexapro dosage had recently been changed, making her feel very fatigued. RN states she does remember unintentionally falling asleep for a brief period while on duty. RN states she consented to a drug screen, which tested positive for cocaine.
The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(9),(10)&(13) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.11(1)(B)&(1)(T) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B),(1)(E),(4),(5),(10)(A),(10)(D)&(11)(B).
As a result, the Texas Board of Nursing decided to place her RN license under disciplinary action. It’s too bad that she failed to hire a nurse attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she sought legal consultation from a Texas nurse attorney as well.
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.