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The Texas Board of Nursing (BON) is the government agency that has jurisdiction to hear and decide administrative cases involving RN and LVN in Texas. It is also the agency that is responsible for overseeing the practice of professional nursing all over the state of Texas. Any RN or LVN who is guilty of violating state laws and issuances from the Texas Board of Nursing (BON) may be subjected to penalties or fines. As a matter of fact, the RN license and LVN license can even be suspended or revoked  if not defended by an expert nurse attorney.

At the time of the incident, he was employed as an LVN with a nursing facility in San Antonio, Texas, and had been in that position for two (2) years and six (6) months.

On or about February 6, 2020, while employed as an LVN with a nursing facility in San Antonio, Texas, LVN did the following:

  1. LVN administered 10 mg of Methadone in error  to a patient in excess dosage of the physician’s order. Furthermore, LVN failed to document the medication error in the medical record and failed to notify the physician of the medication error. LVN’s conduct created an incomplete medical record and was likely to injure the patient from adverse reactions; including, sedation and respiratory distress.
  2. LVN failed to completely and accurately report and/or document events during skilled nursing visits with another; including, patient status, patient allergies, nursing interventions, physician notifications, and physician orders for antibiotic medications. LVN’s conduct created an incomplete medical record and was likely to injure the patient in that subsequent care givers would not have accurate and complete information on which to base their care decisions.

In response, LVN states he mistakenly administered Methadone to the patient instead of Morphine. LVN also states he did not notice the medication error until the next morning. LVN further states another nurse agreed to notify the physician about the medication error. LVN states he made a prior visit to the patient’s home that same evening. LVN also states when he contacted the physician during the second visit, he did not have the correct on-call summary sheet because of the prior visit. LVN states he retrieved the correct on-call summary sheet from his vehicle, contacted the physician again, and relayed the necessary information. LVN states orders were received and carried out.

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

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.