Any type of accusation or negligence can be defended, as long as there is a skilled nurse attorney ready to assist you during the hearing before the Board of Nursing. The Texas Board of Nursing has full jurisdiction regarding cases that may affect an RN or LVN’s license from suspension, disciplinary action, or revocation.
At the time of the initial incident, an RN was employed as a Registered Nurse at a hospital facility in Brownsville, Texas, and had been in that position for one (1) year and three (3) months.
On or about April 12, 2016, the RN was referred to the Texas Peer Assistance Program for Nurses (TPAPN) for drug use and subsequently signed a Participation Agreement. On or about July 18, 2016, while participating in TPAPN, the RN engaged in the intemperate use of Methamphetamine, Amphetamine, Lorazepam, and Hydrocodone in she submitted a specimen that resulted positive for methamphetamine, amphetamine, lorazepam, and hydrocodone. The RN submitted to a forensic evaluation on August 27, 2019, and was deemed not fit to practice, due to admitting to ongoing substance abuse of methamphetamine. Consequently, TPAPN closed the RN’s case and referred her to the Texas Board of Nursing.
On or about April 17, 2018, while employed as a Registered Nurse, and assigned to provide skilled nursing to a patient, the RN failed to clarify the physician’s orders for Diastat and Diazepam prior to administering two (2) rectal Diastat doses and two (2) G-button doses of Diazepam to said, patient. The RN’s conduct was likely to injure the patient from adverse effects due to possible overdosage of medication.
On or about April 17, 2018, while employed as a Registered Nurse, and assigned to provide skilled nursing to a patient, the RN failed to document and/or accurately and completely document the administration of Diastat and Diazepam in said patient’s Medication Administration Record (MAR). The RN’s conduct was likely to injure the patient, in that subsequent caregivers would rely on her documentation to further medicate the patient, which could result in an overdose. Additionally, the RN’s conduct placed the facility in violation of Chapter 481 (Controlled Substance Act) of the Texas Health and Safety Code.
In response to the incidents, the RN states she gave the meds how she understood them. The RN states she made a decision to administer the Diastat before the 12-hour mark based on her physical assessment of the patient, the patient’s vital signs, and the proximity of the administration time to the 12-hour mark. The RN states as with the GB Diazepam administered before the 8-hour mark, there is nowhere in the patient’s orders, plan of care, or MAR that states the dose cannot be given within 8 hours of rectal Diastat. The RN further states she has always been vigilant while taking care of this patient, as evidenced by the fact that no harm ever came to the patient.
As a result, the Texas Board of Nursing placed her RN license in disciplinary action. It’s too bad that she failed to hire a nurse attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she actually sought legal consultation from a Texas nurse attorney as well.
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 willing to assist every nurse in need of immediate help for nurse licensing cases. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.