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Did you know that there are many petitions entertained by the Texas Board of Nursing (BON) every single day? The Board is the government agency that has the jurisdiction to hear and decide administrative cases involving a RN nurse. Aside from this, all nursing graduates who want to obtain professional nursing licenses also fall within the jurisdiction of the Board. As a matter of fact, they need to file application forms before they can be allowed to take the board exam. Failure to do this can result to losing their privilege to complete the licensure exam.

As early as now, it is important to point out the fact that no one can practice professional nursing without a license. Doing so can make the person criminally liable. This is the reason why all applications for the board exam must be taken seriously. The moment a RN nurse passes the Nursing Board exam, she is expected to comply with the rules and regulations set by the Texas Board of Nursing. Otherwise, there is a high possibility that his license may be suspended or revoked with finality.

A good example of this is the case of Amaia. On or about October 1, 2011 through January 26, 2012, while employed as an RN Administrator with a healthcare facility, the RN designated herself as the patient’s representative through a forged Special Power of Attorney. This document enabled her to make financial decisions and to write checks on the account of the patient for payment totaling $21,888.00 for healthcare service. The RN nurse’s conduct violated professional boundaries of the nurse/client relationship, which may have resulted in financial explosion of the patient involved.

The act of Amaia violated the Texas Administrative Code:

Sec. 301.452 provides for the grounds for disciplinary action:

(a)In this section, intemperate use includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs.

(b) A person is subject to denial of a license or to disciplinary action under this subchapter for:

(1) a violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order issued under this chapter;

(2) fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing;

(3) a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude;

(4) conduct that results in the revocation of probation imposed because of conviction for a felony or for a misdemeanor involving moral turpitude;

(5) use of a nursing license, diploma, or permit, or the transcript of such a document, that has been fraudulently purchased, issued, counterfeited, or materially altered;

(6) impersonating or acting as a proxy for another person in the licensing examination required under Section 301.253 or 301.255;

(7) directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized practice of nursing;

(8) revocation, suspension, or denial of, or any other action relating to, the person’s license or privilege to practice nursing in another jurisdiction or under federal law;

(9) intemperate use of alcohol or drugs that the board determines endangers or could endanger a patient;

(10) unprofessional conduct in the practice of nursing that is likely to deceive, defraud, or injure a patient or the public;

(11) adjudication of mental incompetency;

(12) lack of fitness to practice because of a mental or physical health condition that could result in injury to a patient or the public; or

(13) failure to care adequately for a patient or to conform to the minimum standards of acceptable nursing practice in a manner that, in the board’s opinion, exposes a patient or other person unnecessarily to risk of harm.

Eventually, the Texas Board of Nursing (BON) declared that Amaia is liable for such wrongful act. Her nursing license was suspended. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. Contact the Law Office of Yong J. An and text or call attorney Yong 24/7 at (832) 428-4579.