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Leaving your nursing assignment while on duty without notification to the present RN/LVN is a violation. This may result in a great risk of harm to patients. It is also considered negligence of duty. An RN/LVN having such a violation will be summoned by the Board and will be sanctioned. Before facing the Board, an RN/LVN should come prepared by having a nurse attorney for the defense. An example of such a violation happened to an LVN at Temple, Texas.

At the time of the incident, she was employed as an LVN at a hospital in Temple, Texas, and had been in that position for five (5) months.

On or about December 31, 2019, while employed as an LVN at a hospital in Temple, Texas, LVN was accused of the following:

1. LVN left her nursing assignment without notifying the appropriate personnel in that LVN was unable to be found for approximately two (2) hours. Furthermore, a patient, who was assigned to the LVN, sustained a fall while LVN was gone. LVN’s conduct exposed the patient unnecessarily to risk of harm in that leaving the nursing assignment could have resulted in the patient not getting the care needed.

2. LVN lacked the fitness to practice nursing in that she was observed sleeping while on duty at the nurse’s station. Furthermore, stick marks were observed on LVN’s hands and wrists. LVN’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.

In response, LVN states she notified the appropriate personnel every time she made rounds, went to the restroom, took her break, or made a private phone call. LVN denies sleeping and states she was meditating. Regarding the stick marks, LVN states she had bruises on her hands and wrist because she receives medical care for migraines.

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A)&(1)(B) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(E),(4),(5),(6)(G),(8),(10)(C),(10)(E)&(11)(B).

Because of this, the LVN was summoned by the Texas Board of Nursing to defend her side but the LVN failed to hire a nurse attorney to help her with her case and without proper defense, the Texas Board of Nursing then decided to place her LVN license under disciplinary action.

If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed on you, you should hire a nurse attorney immediately before it’s too late. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 200 nurse cases for the past 16 years. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-4579 for a confidential consultation regarding any accusations from the Texas BON.