The disciplinary proceeding before the Texas Board of Nurse (BON) is an administrative proceeding wherein LVN/RN license holders are charged for the commission of an offense or violation of certain state laws. Any RN or LVN in Texas may be subjected to a disciplinary proceeding before the Texas Board of Nursing. Whenever an LVN or an RN finds himself in such a situation, he will need to find the best RN/LVN nurse attorney in the country. This is important, as it is his only chance to protect his LVN / RN license. Otherwise, the BON may find him guilty in the administrative case and order for the revocation of his RN / LVN license.
This is the incident that happened to an LVN in 2020. At the time of the initial incident, he was employed as an LVN with a health care services provider in Arlington, Texas, and had been in that position for five (5) years.
On or about April 12, 2020, while employed as an LVN with a health care services provider in Arlington, Texas, LVN did the following:
- LVN lacked fitness to practice, in that LVN was observed being unable to walk on his own, having slurred speech, and was unable to perform a comprehensive nursing assessment. LVN was observed using the wall to prop himself up, had altered communication with staff, and exhibited heavy and glazed eyes. Additionally, LVN took an unusually long time to answer questions and was observed having a hard time staying awake while documenting. LVN was unable to communicate effectively and could not keep eyes open while on duty. LVN’s conduct could have affected his ability to make rational, accurate, and appropriate assessments, judgements, and decisions regarding patient care, thereby placing patients in potential danger.
- LVN failed to administer medications to four different patients. LVN’s conduct exposed the patients to a risk of harm in that failure to administer medications as ordered by the physician could have resulted in non-efficacious treatment of the patients’ conditions.
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)&(1)(T) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(C),(1)(E),(4)&(5).
A case was ultimately filed against him before the Texas Board of Nursing (BON). The said allegation was fatal to the LVN’s capability to perform the essential functions and duties. Sad to say, the nursing defense attorney who handled his case was not able to properly defend his interests and rights before the Board. The Texas Board of Nursing (BON) found him guilty of the offense alleged in the complaint and decided to place his LVN license under disciplinary action.
If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed against you, you should hire a nurse attorney immediately before it’s too late. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 300 nurse cases for the past 16 years. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.