Every year, many nurses face disciplinary action by the Texas BON. Many of these nurses fail to consult an experienced nurse attorney and as a result end up taking actions based only on instinct and at many times, ill-informed advice from outsiders. The result of not responding to a letter from the Texas BON in a timely manner or taking the proper precautions to carefully prepare for your case with the Texas BON can result in unfortunate circumstances. Many nurses also waive their rights to a hearing and do not realize that their chance of a more favorable outcome may increase by consulting an experienced nurse attorney before making any rash decisions.
Let’s examine the incident that happened to an LVN who was employed with a health care agency in Waco, Texas, and had been in that position for two (2) months.
On or about June 11, 2019, through June 21, 2019, while employed as an LVN with a health care agency in Waco, Texas, LVN failed to accurately and correctly document in a timely manner. Additionally, as of July 31, 2019, there were twenty-two (22) skilled nursing notes not completed.
In response, LVN states the health care agency used an electronic system that she was not familiar with and received one day of training by reading manual books and reviewing one patient’s chart. LVN states the documentation in question was missing because of the lack of internet availability in the area. LVN expresses her understanding that she is responsible to document patient care in a timely fashion but states her skilled nursing visits were primarily teaching visits. LVN states she is responsible for the failure of documenting on time and she is certain with more training and the right equipment, such as available internet in areas needed, she would have not fallen behind. She states the health care agency did not provide appropriate equipment and that she couldn’t use the internet at fast-food restaurants because she needed a secure connection.
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) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C),(4)&(11)(B).
The LVN eventually lost the case against her. The events led to the finding of guilt on the LVN’s part. The LVN was then disciplined by the Texas BON.
Avoid the same thing from happening in your case. Make sure to take the necessary steps in dealing with a complaint filed before the Board against you or else, your LVN license may be put in danger.
If you received a letter from the Texas Board of Nursing for any offense, it is best to consult an experienced Texas LVN attorney who can guide you on the steps you need to take to protect your RN or LVN license.
Contact a Texas LVN attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. Texas 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. Please contact him at (832) 428-5679.