An experienced nurse attorney has surely helped a lot of RNs and LVNs when it comes to cases that may lead to disciplinary action. Unfortunately, not all nurses were able to hire a nurse attorney as they underwent such cases. This incident that an RN committed from September to August 2016 was one of those examples.
On or about August 25, 2016, the RN failed to adequately assess a patient prior to diagnosing her with unspecified attention-deficit/hyperactivity disorder (ADHD) and planning to start Vyvanse, a Schedule II stimulant medication, including utilizing ADHD symptom checklists, standardized behavior rating scales, a detailed history, collateral information provided by family members, or other tests to determine if the patient meets diagnostic criteria for the disorder as stated in the Diagnostic and Statistical Manual of Mental Disorders (DSM-V).
Additionally, the RN failed to adequately collaborate with the delegating physician and/or failed to completely document such collaboration in the patient’s medical record regarding the diagnosis and treatment plan. Subsequently, two prescriptions for Vyvanse, for thirty 40mg tablets, then thirty 30mg tablets, were submitted to the patient’s pharmacy within a two-day period from the physician. Her conduct exposed the patient to a risk of harm from a controlled substance prescribed without medical justification.
The Texas Board of Nursing has full jurisdiction over all cases regarding errors committed by an RN or LVN. Thus, she was called by the Board to defend against the case.
During the hearing, the RN states that she assessed the patient for ADHD symptoms by conducting a clinical interview, and consulted with the physician who wrote the prescription for the Vyvanse.
The following incident and defense against the case caused the Texas Board of Nursing to place the RN and her license into disciplinary proceedings. She would have sought assistance from a good nurse attorney to provide clarifications towards the case.
If you’ve ever done any errors during your shift as an RN or LVN, and you wish to preserve your career and your license, an experienced nurse attorney is what you need. Nurse Attorney Yong J. An, an experienced nurse lawyer for various licensing cases for 14 years, can assist you by contacting him at (832) 428-5679.