A disciplinary proceeding that involves the acts or omissions of a RN or LVN nurse is under the jurisdiction of the Texas Board of Nursing (BON). Any party who wants to file a case against the nurse has the duty to present the necessary evidence to prove his allegations. In the absence of the required proof, the Texas Board of Nursing (BON) may rule in favor of the nurse. Once a case has been filed, it is important that the defendant must be served with a written notice of the facts and conduct alleged to warrant adverse licensure action to the RN or LVN nurse.

There are different cases that are filed every single day before the Texas Board of Nursing (BON). In these cases, the assistance of a lawyer is really necessary in order to ensure that the rights of the nurse involved are protected. At the same time, the lawyer can also help in rebutting all the allegations of the complainant. Sad to say, many nurses fail to see the significant role that the nursing defense attorney in the hearing of their cases. As a result, they end up waiving the right to be represented by a counsel.

This is exactly what happened in the administrative complaint involving a registered nurse named Mika. While employed with a home health center in Texas, the RN nurse was assigned to provide nursing care to a particular patient. On or about October 23, 2011, the RN nurse Mika entered a plea of guilty and was convicted of engaging in organized criminal activity. This crime is considered as a state jail felony offense in Forth Worth, Texas.

As a result of the conviction, the RN nurse was sentenced to confinement in a Texas Department of Criminal Justice Facility. However, the imposition of sentence of confinement was suspended, and the said nurse was ordered to pay a fine and court cost. On August 13 2012, the RN nurse’s probation was revoked and she was sentenced to confinement in a Texas Department of Criminal Justice facility for a period of two years. During this period, the RN nurse was not allowed to practice nursing in Texas.

The Texas Board of Nursing (BON) issued an order stating that the license of Mika was suspended during the time period of serving her sentence. The law violated 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.

Although the order was only for a suspension for a short period of time, it still affected the RN nurse’s employment. For the period of suspension, she was not allowed to engage in any nursing care jobs. Because of his, she lost a lot of potential income.

Make sure that you will not make the same mistake that Mika did in his case before the Texas Board of Nursing (BON). Contact a Texas nurse attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.