Unauthorized prescriptions represent a significant concern within the realm of healthcare, as they involve the dispensing or administration of medications without proper authorization or within a nurse’s scope of practice. Such actions not only place patients at risk but also expose healthcare professionals, particularly RNs, to potential legal repercussions and professional consequences. In these delicate situations, seeking the guidance and support of a nurse attorney becomes essential for RNs facing allegations or accusations related to unauthorized prescriptions.
At the time of the initial incident, she was employed as an RN at a medical facility in Dallas, Texas, and had been in that position for eleven (11) months.
On or about February 4, 2020, while employed as an RN at a medical facility in Dallas, Texas, RN exceeded her scope of practice by calling in an unauthorized prescription for Testosterone 200mg/ml 6mL to a pharmacy in Dallas, Texas, for a Patient A, using the name and Drug Enforcement Agency (DEA) number assigned to a certain FNP. RN’s conduct was deceptive and placed the facility in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
Another incident happened on or about March 10, 2020, while employed as an RN at a medical facility in Dallas, Texas, RN exceeded her scope of practice by transmitting an unauthorized electronic prescription for Cefdinir 300mg to a pharmacy in Dallas, Texas, for Patient B, under the name and Drug Enforcement Agency (DEA) number assigned to another FNP. The patient returned to the clinic two days later with symptoms of an allergic reaction. RN’s conduct was deceptive and may have contributed to the patient’s adverse reaction. Additionally, RN’s conduct placed the facility in violation of Chapter 483 (Dangerous Drugs Act) of the Texas Health and Safety Code.
In response, regarding Patient A, RN states she had permission from the providers to call in the refills for testosterone. Regarding Patient B, RN states she sent an electronic prescription for Cefdinir to the pharmacy in error, but claims she called the pharmacy to cancel the prescription.
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)(P)&(3) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B),(6)(A),(6)(H),(10)(B),(10)(E)&(11)(B).
The Texas Board of Nursing then subjected the RN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the RN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.
Always remember that anyone can file a complaint against an RN/LVN with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN 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.