Being non-compliant to the terms in the Agreed Order could become a big problem and could be a risk to your license. It is why every RNs/LVNs facing disciplinary proceedings should take it seriously and be compliant with every term that is agreed upon to prevent the worst from happening. It is then time that you need the help of a nurse attorney when undergoing disciplinary proceedings.
An LVN in Harlingen, Texas became noncompliant with the Agreed Order for Peer Assistance Program issued to her by the Texas Board of Nursing on December 10, 2018. Noncompliance is the result of the LVN’s failure to return the items necessary to initiate participation in the Texas Peer Assistance Program for Nurses (TPAPN) within the required time frame. Additionally, on May 22, 2019, the LVN produced a hair follicle specimen for a drug screen that resulted positive for amphetamines and opiates. Section I, Stipulation B of the Agreed Order dated December 10, 2018, states:
“(B) Within ninety (90) days following the effective date of this Order, RESPONDENT SHALL sign and execute the TPAPN participation agreement and complete the enrollment process…”
It was on June 10, 2019, the LVN was dismissed from TPAPN and referred back to the Board after she was granted an extra ninety (90) days to complete the enrollment process.
Then on or about May 23, 2019, the LVN lacked the fitness to practice professional nursing in that the LVN completed a neuropsychological evaluation that indicates that the LVN did not seem to possess judgment and ethical characteristic requirements for the safe practice of nursing at this time/ The LVN’s condition could have affected her ability to recognize subtle signs, symptoms or changes in conditions, and could have affected her ability to make rational, accurate and appropriate assessments, judgments and decisions regarding patient care, thereby placing the patient in potential danger.
And in response to the above case which is related to Texas Peer Assistance Program, the LVN was unable financially to make full payment to enter the Program. The LVN notified her case manager and requested that the payment be allowed to be made in two installments. The LVN’s understanding is that this request was denied. The LVN complied with the Order by cooperating with the neuropsychological evaluation and seeking employment that would satisfy the Program’s requirements. The LVN understands that her enrollment was not complete, but relates this to the financial obligation that she was not able to comply with.
However, she lacks an experienced nurse attorney to properly defend and assist her during the disciplinary proceedings. According to the investigation made by the Texas Board of Nursing, the RN was found guilty and is subjected to disciplinary action.
She could have hired a nurse attorney to assist her in the case. To contact one, you may dial Nurse Attorney Yong J. An at (832) 428-5679 to schedule a private consultation.