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Every practicing RN license holder in the state of Texas is required to follow certain rules and regulations. These laws and statutes were implemented to ensure that the safety of the patients is protected by the state. The nursing profession is not an easy journey. An RN who commits any violation can place her RN License in jeopardy. The Texas Board of Nursing has the authority to revoke or suspend an RN license in the country for as long as there is a justifiable reason. Any action that may compromise the career of a nurse, but can be defended properly by a nurse attorney should the nurse provides a good reason.

At the time of the initial incident, an RN was employed as a Registered Nurse at a hospital in Frisco, Texas, and had been in that position for twenty-one (21) years and one (1) month.

On or about August 23, 20 18, while employed as a Registered Nurse, the RN lacked the fitness to practice nursing in that she exhibited signs of impaired behavior, including, but not limited to looking pale, having a blank look on her face, unable to focus and appearing 10 be in an altered state. In addition, the RN admitted to feeling altered. The RN’s condition could have affected her ability to recognize subtle signs, symptoms, or changes in patient’s conditions, and could have affected her ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patients in potential danger.

On or about August 23, 2018, while employed as a Registered Nurse, the RN signed out a replacement fentanyl CADD from the pharmacy for a patient but failed to follow the facility’s policy and procedures for wastage of the unused portions of the medication. The RN’s conduct left medications unaccounted for, was likely to deceive the hospital pharmacy, and placed the pharmacy in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.

On or about August 23, 201 8, the RN misappropriated Fentanyl belonging to the facility and the patient thereof or failed to take precautions to prevent such misappropriation. The RN’s conduct was likely to defraud the facility and patients thereof of the cost of the medications.

In response, the RN states she had undergone a medical procedure the day before and was feeling the effects of the anesthesia. The RN states she self-reported to the clinical director that she felt more tired and was having difficulty focusing; The RN states the clinical director came back later in the shift and told her to go home. The RN denies failing to waste the medication and misappropriation; the RN states she found the CADD when she was cleaning up the room, wasted the medication, and obtained a signature of the waste. The RN states that this occurred while she was feeling altered.

As a result, her RN license was disciplined and may be suspended by the Texas Board of Nursing. She did not have an experienced nurse attorney to fully defend her case led to this decision by the Texas BON.

Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of nurse attorney Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679 and ask for nurse attorney Yong.