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Maintaining alertness and attentiveness is a foundational aspect of nursing care to ensure the safety and well-being of patients. Instances of on-duty sleeping can be concerning as they raise questions about a nurse’s fitness to provide effective and vigilant patient care. Such behavior can compromise patient safety, potentially leading to lapses in care and delayed responses to patient needs. When confronted with allegations related to fitness for nursing practice, seeking the assistance of a nurse attorney is essential in navigating the legal intricacies, protecting the nurse’s rights, and ensuring a fair evaluation of the situation.

At the time of the incident, she was employed as an LVN at a healthcare facility in Richardson, Texas, and had been in that position for seven (7) months.

On or about November 26, 2020, while employed as an LVN at a healthcare facility in Richardson, Texas, LVN lacked fitness to practice nursing in that she was found to be sleeping while on duty. LVN’s conduct was likely to injure the patient in that it adversely affected her ability to recognize subtle signs, symptoms, or changes in the patient’s conditions, and could have affected her ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patient in potential danger.

In response, LVN states after putting the patient down for a nap, she made the mistake of getting too comfortable. She states the mom had relaxing music on and she had laid down on the couch. LVN states she situated herself with her back against the couch in a sitting position. She states the patient was right at her side in his chair and she began charting and watching the patient. LVN states she continued to chart and about 40 minutes later she realized her neck was hurting. She states she opened her eyes and realized that she had nodded off. LVN states it was no more than 1-3 minutes because the same instrument was playing.

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)(B)&(1)(T) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B), (1)(E)&(4).

Because of this, the LVN was summoned by the Texas Board of Nursing to defend her side, but the LVN failed to hire a nurse attorney to help her with her case and without proper defense, the Texas Board of Nursing then decided to place her LVN license under disciplinary action.

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. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. 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. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679 for a confidential consultation regarding any accusations from the Texas BON.