The Texas Board of Nursing has full jurisdiction over all cases that may affect the RN / LVN license. The strictness of the Board also ensures that nurses will only commit to the duties they are assigned to in order to guarantee accurate and excellent performance in all hospitals throughout the state of Texas. But if a nurse commits violations and mistakes, they should remember to hire a nurse attorney for the defense.
Here is the perfect example for the case of an LVN in 2018. At the time of the incident, she was employed as an LVN at a hospital in Pasadena, Texas, and had been in that position for one (1) year and seven (7) months.
On or about June 13, 2018, through June 14, 2018, while employed as an LVN at a hospital in Pasadena, Texas, LVN failed to completely document physician notification of abnormal blood pressures and tachycardia readings for a patient in the medical record. Further, LVN received a telephone order from the Nurse Practitioner on call for the Primary Care Physician but documented the order as Telephone Order/Read Back without personally speaking to the physician to clarify the order. Further, LVN failed to ensure that a STAT computerized tomography (CT) scan of the head ordered at 0015 for the aforementioned patient was performed in an appropriate time frame. The patient was not transferred for the CT until approximately nine (9) hours after receipt of the order.
In response, LVN states that in the report, she was told that the patient was sedated by Versed. The patient appeared to be resting but moved when touched. Around 2200, the Respiratory Therapist (RT) voiced concern about the patient’s change in the level of consciousness. LVN assessed the patient’s vital signs as stable and O2 sat was 100% on room air. LVN informed the Registered Nurse (RN) about the patient’s level of consciousness. Next, about 2300, LVN states she walked up to the nurse’s station where RN and RT were arguing because RT had not given a phone to a nurse to receive the Pulmonologist’s order for computed tomography (CT) scan. LVN states she called for the Primary Doctor to get clarification of the CT order and received the call back from the Nurse Practitioner (NP) at 0200. The NP did not know the patient, so she instructed the LVN to write the CT order under the Pulmonologist. LVN informed RN of NP’s instructions and was instructed by the RN to write and copy the order and have the Unit Clerk take care of transportation when she arrived. LVN states the Unit Clerk ordered transportation, which was supposed to arrive at 0700, but it was further delayed because the initial hospital’s CT was not working. LVN states she followed the policy of the facility by giving all the information to the RN and she followed the instructions she was given.
The above actions constitute grounds for disciplinary action in accordance with Section 301.463(b)(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(D),(1)(M)&(1)(P) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C)&(4).
As a result, the Texas Board of Nursing subjected her LVN license to disciplinary action. It’s too bad that she failed to hire a Texas nurse attorney for assistance. Her defense would have gotten better if she sought legal consultation from a Texas nurse attorney as well.
This is just one of the many cases why every nurse in Texas is expected to act with prudence in practicing their profession. Gross negligence, disobedience, or any form of offense on the part of an RN or LVN is never excused.
So, if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who represented over 150 various nurses in their cases for the past 16 years. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.