Every year, many nurses face disciplinary action by the Texas BON. Many of these nurses fail to consult an experienced Texas BON attorney and as a result end up taking actions based only on instinct and at many times, ill-informed advice from outsiders. The result of not responding to a letter from the Texas BON in a timely manner or taking the proper precautions to carefully prepare for your case with the Texas BON can result in unfortunate circumstances. Many nurses also waive their rights to a hearing and do not realize that their chance of a more favorable outcome may increase by consulting an experienced nurse attorney before making any rash decisions.
At the time of the incident, she was employed as an LVN with a home healthcare provider in Arlington, Texas, and had been in that position for ten (10) months.
On or about August 26, 2020, while employed as an LVN with a home healthcare provider in Arlington, Texas, and on assignment in the home of a pediatric patient, LVN left her nursing assignment early without giving a report to the patient’s caregiver. LVN’s conduct exposed the patient unnecessarily to risk of harm in that leaving the nursing assignment without giving a report deprived the patient’s caregiver of information needed to continue care.
In response, LVN attached the email she sent her boss the morning of the incident as her response. LVN notes that she contacted her employer at 09:37 to tell them what was going on. LVN explains that when she arrived that morning, the patient’s mom made numerous comments about LVN’s health and not being reliable despite LVN asking her to stop. LVN states that when the Physical Therapist got there, she left because she was so upset. LVN states that the patient’s mom followed her to the parking lot while yelling, and LVN went to her truck in tears without having the patient’s mom sign the tablet or completing her initial assessment. LVN adds that she contracted COVID from the patient’s mom and believes that she was upset because she could not come back full time due to long term effects she still has.
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),(1)(D),(1)(P)&(4) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(C)&(4).
The Texas Board of Nursing then subjected the LVN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the LVN 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.