In the past years, the Texas Board of Nursing (BON) is known to have regularly filed cases against erring RN license nurse that resulted to the revocation of the professional licenses. An RN license nurse charged with the commission of a violation or omission of an act needs to be assisted by a proper legal counsel in order to present her defenses in a proper way. The assistance of a good lawyer also comes in handy in ensuring that the legal procedure is being followed.
Unfortunately, in one case filed before the Texas Board of Nursing (BON), a nurse failed to hire the right attorney to handle his case. While he was engaged in the practice of nursing in Texas, he lacked fitness to practice professional nursing, in that he was admitted to a hospital on multiple occasions for substance abuse and psychiatric treatment.
The complaint also stated that the condition of the RN license nurse could have affected his ability to recognize subtle signs, symptoms or changes in the patient’s conditions. Moreover, it was also alleged that his condition could have prevented him from making rational decisions, judgments or assessments in patient care.
The action of the nurse constitutes a violation of the Texas Administrative Code, to wit:
Sec. 301.452. Grounds for Disciplinary Action.
(a)In this section, intemperate use includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs.
(b) A person is subject to denial of a license or to disciplinary action under this subchapter for:
(1) a violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order issued under this chapter;
(2) fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing;
(3) a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude;
(4) conduct that results in the revocation of probation imposed because of conviction for a felony or for a misdemeanor involving moral turpitude;
(5) use of a nursing license, diploma, or permit, or the transcript of such a document, that has been fraudulently purchased, issued, counterfeited, or materially altered;
(6) impersonating or acting as a proxy for another person in the licensing examination required under Section 301.253 or 301.255;
(7) directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized practice of nursing;
(8) revocation, suspension, or denial of, or any other action relating to, the person’s license or privilege to practice nursing in another jurisdiction or under federal law;
(9) intemperate use of alcohol or drugs that the board determines endangers or could endanger a patient;
(10) unprofessional conduct in the practice of nursing that is likely to deceive, defraud, or injure a patient or the public;
(11) adjudication of mental incompetency;
(12) lack of fitness to practice because of a mental or physical health condition that could result in injury to a patient or the public; or
(13) failure to care adequately for a patient or to conform to the minimum standards of acceptable nursing practice in a manner that, in the board’s opinion, exposes a patient or other person unnecessarily to risk of harm.
While the Texas Board of Nursing (BON) heard the case, the RN nurse Matthew failed to hire the services of a Texas nurse attorney. Because of this, he was not able to defend himself. As such, his allegedly dishonorable conducts led to the loss of his RN nurse license in Texas.
Be prepared all the time. Consult with Texas RN license nurse attorney Yong J. An today if you have any questions about your response letter or the disciplinary process by calling or texting him at (832) 428-5679 day, night or weekends.