The Texas Board of Nursing (BON) is the government agency that has jurisdiction to hear and decide administrative cases involving RN and LVN in Texas. It is also the agency that is responsible for overseeing the practice of professional nursing all over the state of Texas. Any RN or LVN who is guilty of violating state laws and issuances from the Texas Board of Nursing (BON) may be subjected to penalties or fines if not properly defended by a nurse attorney. As a matter of fact, the RN license and LVN license can even be suspended or revoked.

On May 2018, a patient was alleging that, during a home visit, an RN from Houston grabbed her breast, squeezed her buttocks, and then placed her hand on his penis.

According to the patient, in 2018, she broke her ankle, which required surgery and physical therapy. The record reflects that beginning in April 2016, the RN began providing in-home care to her on a weekly basis. The patient noted that the RN seemed nice at first, and would give her a hug when he greeted her and another hug when he said goodbye. The patient also recalls the she and the RN would often engage in small talk and discuss other subjects, like sports.

The patient testified that the RN’s demeanor changed in May 2016, when he began talking about very personal matters like his relationship with his wife. She testified the RN said that his wife did not seem to love him and that she did not like the way he “made love to her.” The patient testified that it made her uncomfortable when the RN would discuss his personal issues.

The patient also allegedly recalled that during the RN’s last visit, he wanted to check her legs for a blood clot. Because the patient was in a wheelchair, she had to position her legs on the RN’s lap so that he could check them. The patient contends the RN started examining her legs by touching her ankles and then moved his hands to her “mid-thigh.” At that point, the patient stated, she told the RN to stop the examination.

At the conclusion of the visit, the patient recalled the RN gave her a hug, which she describes as more of a romantic embrace than a typical friendly hug. She testified that the RN would not let go of his embrace and that he placed his left arm down her pants and squeezed her buttocks. She testified that she pushed the RN away, and when she did, he grabbed her breast. Finally, the patient testified, the RN allegedly took her left hand, placed it on his erect penis and told her to “feel this.” She said she told the RN to leave, which he did.

During cross-examination, the patient admitted that, although the alleged incident occurred on May 2018, she did not report it until June 14, 2018, in the form of a response on a questionnaire that was provided to her by Interim.10 On the questionnaire, the patient wrote that she chose Interim based on its good reputation, but she would not allow nurses to “exploit” her “this side of sexual assault.”)! She further stated on the questionnaire that she believes the RN went beyond the scope of his duties and acted unprofessionally “to the point of [committing] sexual advances.”

Because of the incident, the Texas Board of Nursing summoned the RN to investigate what really happened. However, without valid evidence and expert nurse attorney to defend her, the RN was suspended and disciplined.

This is just one of the many cases why every nurse in Texas is expected to act with prudence in practicing the profession. Any form of gross negligence, disobedience or any form of offense on the part of an RN or LVN is never excused.

Any criminal, negligence or administrative case can be defended, as long as there is a skilled nurse attorney ready to assist you during the hearing before the Board of Nursing. The Texas Board of Nursing has full jurisdiction regarding cases that may affect an RN or LVN’s license from suspension, disciplinary action or revocation.

The RN lost the case simply because she failed to find an effective and efficient nurse attorney. Avoid committing the same mistake she did. Find the right nurse attorney in Texas to help you with your needs. Contact nurse attorney Yong J. An directly by calling or texting him at (832) 428-5679 for a discreet consultation.