The Texas Board of Nursing (BON) is one of the government agencies in the state of Texas that is responsible for regulating the practice of the 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. On the other hand, a nurse attorney is the one who defends nurses from cases, either civil or criminal.
Here is a case of an LVN in 2017. At the time of the incident, LVN was employed as a Staff Nurse with a pediatric health care agency in McKinney, Texas, and had been in that position for nine (9) months.
On or about November 27, 2017, while employed as a Staff Nurse with a pediatric health care agency in McKinney, Texas, LVN failed to safely handle and reposition a pediatric while applying a pulse oximeter to his foot, in that while holding the patient’s left ankle the patient sustained an injury to his leg. Subsequently, the patient was taken directly to the emergency room, where he was diagnosed with a non-displaced spiral fracture to the distal tibia of his left leg. LVN’s conduct created an unsafe environment and unnecessarily exposed the patient to injury.
In response, LVN states that he unraveled the pulse oximeter and with his left hand held the pulse oximeter along the inner side of the patient’s foot in order to apply his sock after the procedure. LVN states that as he was wrapping the pulse oximeter probe around his left toe the patient jerked inward and a crack sound was heard. LVN states that he immediately placed the patient’s foot down and assessed the patient. LVN states that the patient exhibited a grimacing facial expression, and he immediately went to call the primary caregiver and explained to her what he was doing and what he heard. LVN states that he and the patient’s mother took him to the emergency department, where he was diagnosed with a distal tibial fracture.
The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and are a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(M) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4)&(6)(C).
The evidence against the LVN was strong. At the same time, he was not able to properly defend his case in court. As a result, his nursing license was subject to disciplinary action by the Texas BON.
Avoid a similar thing from happening on your end. Make sure to find the right defense attorney in case a complaint will be filed against you before the Texas Board of Nursing (BON). Consult with Texas 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. Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 16 years and represented over 200 nurse BON license cases before the Texas BON.