Drug use while at work is a serious case, which is why the right nurse attorney is needed if you get accused of this kind of scenario. However, some who thought they were guilty of the charges failed to hire a nurse attorney just because they thought it’s the doom for their RN or LVN license already. But that is not entirely the case as there is still hope.
At the time of the initial incident, she was employed as an RN at a hospital in Frisco, Texas, and had been in that position for ten (10) months.
On or about July 17, 2020, while employed as an RN at a hospital in Frisco, Texas, RN allegedly engaged in the intemperate use of cocaine and marijuana in that she produced a specimen for a reasonable suspicion urine drug screen which resulted positive for cocaine and marijuana. Possession of cocaine and marijuana is prohibited by Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code. The use of cocaine and marijuana by a Registered Nurse, while subject to call or duty, could impair the nurse’s ability to recognize subtle signs, symptoms, or changes in the patients’ conditions, and could impair the nurse’s ability to make rational, accurate, and appropriate assessments, judgements, and decisions regarding patient care, thereby placing the patients in potential danger.
In response, RN states the test was a false positive. RN states she immediately took an independent test (an instant urinalysis test) the following day, and a hair follicle test. RN states the urinalysis test was negative and the hair follicle test resulted positive for amphetamines, for which RN has a prescription for Adderall. RN provided copies of these drug screen results. RN denies the intemperate use of illicit drugs.
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)(C)&(1)(D) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4),(5),(10)(A),(10)(D)&(11)(B).
However, without enough evidence to prove she’s not guilty, the RN lost the case. This is the reason why the Texas Board of Nursing placed her RN license under disciplinary action.
If you ever undergo cases such as this, it’s best to seek the assistance of a good nurse attorney as it could make the case better in your favor. Be sure to find a nurse attorney who is experienced and knowledgeable in several nurse cases to ensure the best assistance possible.
If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed on you, you should hire a nurse attorney immediately before it’s too late. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. He is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.