Every RN or LVN nurse is expected to comply with the laws and regulations imposed by the state of Texas. Any violation can have an adverse effect on his professional nursing license. Even if the violation does not relate to the nature of the work of a nurse, he can still be subjected to the disciplinary proceedings before the Texas Board of Nursing (BON).
One of the most common offenses of a Texas nurse is the unlawful possession and use of prohibited substances. This offense is considered as a violation of the law that is under the jurisdiction of the criminal courts. Any offender may be held criminally liable after finding proof of guilt beyond reasonable doubt.
In the case of a nurse named Johnny, the nurse engaged in the intemperate use of Amphetamine, Alprazolam, and Cocaine Metabolite. According to the complaint, he produced a specimen for a drug screen that resulted positive for the use of the illegal substances. In Texas, Chapter 481 of the Controlled Substance Act of the Texas Health & Safe Code prohibits the unlawful possession of Amphetamine and Alprozalam.
The law states:
Sec. 481.119. OFFENSE: MANUFACTURE, DELIVERY, OR POSSESSION OF MISCELLANEOUS SUBSTANCES.
(a) A person commits an offense if the person knowingly manufactures, delivers, or possesses with intent to deliver a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group. An offense under this subsection is a Class A misdemeanor.
(b) A person commits an offense if the person knowingly or intentionally possesses a controlled substance listed in a schedule by an action of the commissioner under this chapter but not listed in a penalty group. An offense under this subsection is a Class B misdemeanor.
The use of Amphetamine, Alprazolam, and Cocaine by a Nurse, while subject to call or duty, could impair the nurses ability to make rational, accurate, and appropriate assessment, judgments, and decisions regarding patient care, thereby placing a patient in potential danger. According to the Texas Board of Nursing (BON), the act of the LVN nurse was a clear violation of the applicable laws and regulations of the state.
Lucky for the LVN nurse, the order only provided for suspension of his nursing license. He was ordered to comply and respect the provisions of the Nursing Practice Act, Revised Civil Statutes of Texas and other state laws.
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.