The disciplinary proceeding before the Texas Board of Nursing (BON) is an administrative proceeding wherein LVN in Texas is charged for the commission of an offense or violation of certain state laws. Any LVN in Texas may be subjected to a disciplinary proceeding before the Texas Board of Nursing. Whenever an LVN/RN finds herself in such a situation, she will need to find the best Texas LVN nurse attorney in the country. This is important, as it is her only chance to protect her RN/LVN license. Otherwise, the Texas Board of Nursing may find her guilty in the administrative case and order for the suspension / revocation of her RN / LVN license.
This incident that an LVN from Amarillo committed in April 2020 was one of those examples. At the time of the incident, he was employed as an LVN with a home health care services provider in Amarillo, Texas, and had been in that position for four (4) years and two (2) months.
On or about April 2, 2020, through May 22, 2020, while employed as an LVN with a home health care services provider in Amarillo, Texas, and on assignment in the home of a patient, LVN lacked fitness to practice nursing in that home surveillance video showed that he was sleeping while on duty. LVN’s conduct could have injured the patient in that it adversely affected his ability to recognize subtle signs, symptoms or changes in the patient’s conditions, and could have affected his ability to make rational, accurate, and appropriate assessments, judgements, and decisions regarding patient care, thereby placing the patient in potential danger. Additionally, at that same time LVN made several factually inaccurate nursing note entries in the patient’s medical record which could be misleading. LVN’s conduct resulted in an inaccurate medical record and could have harmed the patient in that subsequent care givers would not have reliable information on which to base their care decisions.
In response, LVN states that he took Benadryl on the days of the incidents not knowing the drowsy effects would still impact him the way it did. LVN states that on the nights of these incidents, he did not intend to neglect or fail to take adequate care of his patient.
The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(D)&(1)(T) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(E),(4),(6)(A)&(6)(H).
The Texas Board of Nursing then subjected the LVN and his license into disciplinary action. The accusation would have been defended by an experienced and skilled Texas Nurse Attorney, had the LVN hired one. Hiring a Texas Nurse Attorney for defense is applicable for any kind of accusation laid against an RN or LVN.
For more details and to schedule a confidential consultation, you must approach one of the most experienced Texas Nurse Attorney, Yong J. An. He is an experienced nurse attorney who represented more than 300 nurse cases for RNs and LVNs for the past 16 years. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.