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Every year, many nurses face disciplinary action by the Texas BON. Many of these nurses fail to consult an experienced nurse attorney and as a result end up taking actions based only on instinct and at many times, ill-informed advice from outsiders. Many nurses also waive their rights to a hearing and do not realize that their chance of a more favorable outcome may increase by consulting an experienced nurse attorney before making any rash decisions.

At the time of the incident, she was employed as an RN at a hospital in Galveston, Texas, and had been in that position for approximately two (2) weeks.

On or about December 22, 2019, while employed as an RN at a hospital in Galveston, Texas, RN lacked the fitness to practice nursing in that she exhibited signs of impaired behavior while on duty, including dozing off in front of patient charts, sleeping in the dictation area of the nurse’s station, being difficult to arouse, having slurred speech, illegible handwriting in the Medication Administration Record (MAR), having a pale skin tone, and driving erratically as she was exiting the premises. 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.

In response, RN states she was fit to practice and was not impaired in any way while on duty. RN further states she has been undergoing pain management treatment for some time, a period that began prior to December 22, 2019, and continues through the present. RN states she has always followed the instructions of her treating physician and only takes the prescribed medications that he has ordered as medically necessary.

The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10),(12)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(B)&(1)(T) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(E),(4)&(5).

However, without enough evidence to prove she’s not guilty, the RN lost the case. This is the reason why the Texas Board of Nursing placed her RN license under disciplinary action.

Do not be stressed or anxious if you find yourself in a similar situation as that of the RN mentioned above. All you need to do is to find the right RN/LVN license attorney who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LVN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 200 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-4579.