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Did you know that the nursing license that you have worked so hard to achieve could be taken away from you in an instant? To all those living in Texas, it is important to understand that these laws and regulations promulgated by the government are only made for our own good. No one is above the law. Therefore, the state of Texas is quite strict when it comes to its rules. One of the mandatory laws to be complied with is the Texas Occupations Code. When accused of patient abuse, a nurse attorney should be hired to defend your case in front of the board.

The Texas Occupations Code is a set of statutes that was enacted to regulate the practice of every LVN or RN in the country. This is where the functions of the Texas Board of Nursing (BON) play a very important role. The fate of the LVN or RN nurse lies on the hands of the members of the Board. All decisions and resolutions are made after a thorough deliberation and meeting. At the same time, the LVN or RN subjected to the case is also given a right to defend his side in the tribunal.

At the time of the incident, she was employed as an RN with a healthcare facility in Bryan, Texas, and had been in that position for eleven (11) months.

On or about November 17, 2019, while employed as an RN with a healthcare facility in Bryan, Texas, RN placed an improper restraint on patient A, by placing one hand on the back of the patient’s neck and her other hand on the patient’s arm, behind the patient’s back. RN’s conduct was likely to injure the patient in that the use of an improper restraint could result in the patient suffering from adverse reactions and/or physical, mental, or emotional harm.

In response, RN states another female patient was in the room when Patient A started having a behavioral episode. RN explains she was concerned for the other patient’s safety and tried to give her medication so she would cooperate and go to safety; however, Patient A knocked the medications out of her hand. RN states she told Patient A that she doesn’t “play like that” and Patient A lunged at her, grabbed her glasses, and broke them. RN relates that de-escalation attempts had failed, and she had a severe sight deficit as a result of Patient A breaking her glasses. RN states she “quickly attempted to apply a basket hold on a combative and quick patient that was initially positioned in front of me… I grabbed one of her arms and tried to grab the other flailing arm. My hand accidently was on her neck as her hand moved and I quickly reached down and re-obtained her arm. For a moment we were a little tangled.”

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) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4)&(6)(C).

However, without valid evidence to defend her side of the story, the RN lost the case. Furthermore, the RN failed to hire a Texas BON attorney to help her with her case. Because of this, the Texas Board of Nursing disciplined the RN’s license.

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.