Do you want to become a registered nurse in Texas? Are you aware that there are many steps that you need to complete in order to get a professional nursing license? Even after you have secured a license that will allow you to practice in the nursing profession, there is still a need to follow certain rules and regulations imposed by the state especially by the Texas Board of Nursing (BON). The compliance with the state laws and administrative rules are important to ensure that your LVN nurse license will not be revoked nor suspended.
An example of a violation certain set of rules and regulations that led to the suspension of a nursing license involved the case of Ethel. She obtained her nursing decree and eventually passed the Nursing Board Exam a year after. With her professional license, she was able to work as a vocational nurse. Everything was going well for her until one day; she received a notice from the Texas Board of Nursing (BON) for an administrative charge against her.
The complaint stated that while the LVN nurse employed as at a health-care facility, she submitted to her employers a urine sample which was positive for THC or marijuana. Instead of denying the claim, the LVN nurse went to the Texas Board of Nursing to admit that he is guilty for the occasional use of the prohibited substance. The act of the nurse clearly violated this law:
Sec. 301.452. 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.
The conduct of the nurse also placed the hospital in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code. Because of this, the Texas Board of Nursing (BON) found her guilty for the charge filed against her. As a result, the Board ordered to revoke her nursing license.
Consult with Texas nurse attorney Yong J. An today if you have any questions about your response letter or the disciplinary process by calling or texting him at (832) 428-5679 day, night or weekends.