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The proper disposal of medications is an essential responsibility in nursing practice, safeguarding both patient health and environmental safety. However, there are instances when deviations from these crucial standards occur, raising concerns about patient care and professional conduct. In situations where nurses face allegations or legal concerns related to medication handling and waste disposal, a nurse attorney can provide invaluable assistance. Nurse attorneys assist in formulating a robust defense strategy to mitigate potential professional and legal consequences.

At the time of the initial incident, she was employed as an LVN at a hospital in Edinburg, Texas, and had been in that position for five (5) months.

On or about May 12, 2021, while employed as an LVN at a hospital in Edinburg, Texas, LVN failed to properly dispose of the 5ml unused portion of Diphenoxylate-Atropine after administering the ordered dose of 5 ml to a patient. Instead, LVN disposed of the unused portion down the sink in the patient’s room. In addition, LVN failed to timely enter the waste in the Pyxis record with a witness. LVN’s conduct left medication unaccounted for and resulted in incomplete records.

In response, LVN states that she and a preceptor cared for the patient on that shift, and she observed her preceptor wasting the remaining portion of the morning medication into the patient’s sink and rinsing it afterwards. LVN states that on the preceptor’s instruction, she obtained the next dose of the medication and pulled the 10ml syringe but did not waste the surplus portion because the preceptor was not with her. LVN states that after administering the medication to the patient, she wasted the remaining 5ml in the sink, as she had been shown that morning. LVN states that she told her preceptor that she needed her to witness the waste, and she said she would do it later, but both nurses did not remember that day. LVN adds that when she came back to work two days later, she logged in and had a different preceptor initialed the waste with her.

The above action constitutes 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)(M) and 22 TEX. ADMIN. CODE §217.12 (10)(C).

The evidence against the LVN was strong. At the same time, she was not able to properly defend her case in court. As a result, her nursing license was placed under disciplinary action.

Avoid the similar thing from happening on your end. Make sure to find the right defense attorney in case a complaint will be filed against you before the Texas Board of Nursing (BON). For more details or for a confidential consultation regarding accusations, it’s best to contact an experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 500 nurse cases for RNs and LVNs for the past 17 years. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.