The Texas Board of Nursing (BON) is one of the government agencies in the state of Texas that is responsible in regulating the practice of profession in the country. It was established for the sole purpose of ensuring that the nurses are properly regulated to promote public health and safety. This Board exercises administrative functions as well as quasi-judicial functions. This means that it has the authority to promulgate rules and regulations that must be followed by all the RN or LVN nurses. At the same time, it can also render judgment that can affect the validity of nursing licenses.
Just like all government agencies or instrumentalities, the Texas Board of Nursing (BON) conducts a hearing first before it renders a judgment. The members of the Board are required to convene in regular and special sessions to hear and decide cases. Their jurisdiction covers only those who wish to apply for the licensure examination and those who have already obtained their licenses. Every single day, the Board orders the revocation or suspension of LVN or RN nurses. At the same time, some are also released from the charges against them.
Maggie was not lucky to be one of those who were exonerated from administrative charges by the Texas Board of Nursing (BON). She is a registered nurse in Texas who worked for a hospital. On or about July 5, 2017, while employed as a LVN nurse, she misappropriated hydrocodone belonging to the facility as well as the patients placed under her care.
Moreover, the LVN nurse also admitted to taking the medication for her personal use. The conduct of the LVN nurse Theresa was likely to defraud facility and patients of the cost of the medication. The above action constitutes grounds for display action in accordance with Section 301.452(b)(10), Texas Occupations Code, and is a violation of Texas Administrative Code, Sections 217.12(1)(A), (1)(B), (4), (6)(G), (8), (10) & (11)(B). The law referred to is:
Sec. 301.452 provides for the 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.
During the hearing of the case, the RN nurse was not able to properly defend herself. She hired a nursing defense attorney, but it was already too late. The evidence of the complainant proved that she was guilty for the charges against her. This eventually resulted to the revocation of her professional nursing license in the state of Texas. The Board ordered for the revocation of the license with finality. As such, the RN nurse is no longer allowed to use her nursing license.
If you are looking for a Texas nurse license defense lawyer that has a proven track record in this practice area, contact the Law Firm of Yong J. An 24/7 by calling or texting him at (832) 428-5679 for a confidential consultation. Mr. An has over 12 years’ experience handling Texas BON disciplinary action cases and has helped several dozens of nurses in Texas protect their nursing license.