Being non-compliant with the terms in the Agreed Order could become a big problem and could be a risk to your license. It is why every RNs/LVNs facing disciplinary proceedings should take it seriously and be compliant with every term that is agreed upon to prevent the worst from happening. It is then time that you need the help of a nurse attorney when undergoing disciplinary proceedings.
On or about April 8, 2020, May 1, 2020, and May 5, 2020, an RN became noncompliant with the Agreed Order issued to her by the Texas Board of Nursing and on September 10, 2019, the RN produced a urine specimen for a random drug screen that resulted positive for Ethyl Sulfate and Ethyl Glucuronide. Stipulation VII-A of the Agreed Order issued September 10, 2019, states in pertinent part:
While under the terms of this Order, RESPONDENT SHALL abstain from the use of alcohol, nalbuphine, propofol, and all controlled substances, except as prescribed by a licensed practitioner for a legitimate purpose.
The RN submitted a hair follicle test covering the dates in question that resulted negative for Ethyl Glucuronide (EtG), an alcohol metabolite. The RN also submitted an affidavit from an individual who was staying with the RN during the time period in question who testifies that the RN did not consume alcohol.
In response, the RN adamantly denies consuming alcohol or controlled or prohibited substances of any kind. The RN states she was not notified by the Board until four months after submitting her negative hair follicle test that Board Staff would not accept the results of said test based upon the opinion of the Board’s toxicologist, and so attempted to have a repeat test done to cover the same time period. After accepting payment and collecting the RN’s second specimen, the collection site failed to return calls, email, or produce the results of the RN’s repeat test. Respondent also has an endocrine disorder that affects her blood sugar levels and could have resulted in the alleged positive specimens. The RN agrees to this Agreed Order solely for the purpose of avoiding the expense of a trial.
However, her lack of an experienced nurse attorney to properly defend and assist her during the disciplinary proceedings had led to her voluntarily surrendering her nursing license. This doesn’t need to result in surrendering your license if she could have hired a nurse attorney to assist her in the case. To contact one, you may dial Nurse Attorney Yong J. An at (832) 428-5679 to schedule a private consultation.