Getting intoxicated by alcohol while at work is a serious case, which is why a nurse attorney is needed if you get accused of this kind of scenario. However, there are some nurses who thought they were guilty of the charges but failed to hire a reliable nurse attorney just because they thought it’s the doom for their license already. However, that is not entirely the case as there is still hope.
At the time of the initial incident, she was employed as an RN at a public school in Edinburg, Texas, and had been in that position for one (1) year and two (2) months.
On or about March 25, 2020, while employed as an RN at a public school in Edinburg, Texas, RN engaged in the intemperate use of Alcohol in that her reasonable suspicion breathalyzer screen resulted positive for Alcohol. The use of alcohol by a nurse, while subject to call or duty, could impair the nurse’s ability to recognize subtle signs, symptoms, or changes in a patient’s condition, and could impair the nurse’s ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing a patient in potential danger.
In response to the above incident, RN states she thoughtlessly ordered an alcoholic beverage at lunch. She states upon returning to the office, she was told by one of her associates they smelled alcohol on her breath and was reported. She states she admitted to the Director of Health Services that she had consumed a single drink at lunch. She was asked to take a breathalyzer to which she blew a BAC of .03. RN states this is consistent with a single drink. RN states her mother had recently passed and in combination with a shoulder surgery that was worse than anticipated, she began to drink more than she normally would. She states she didn’t believe she had a problem but wanted to “nip it in the butt” and she immediately checked into a rehab clinic that specializes in grief and substance abuse treatment.
The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(9)&(10), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.12(1)(B),(1)(E),(4),(5),(10)(A),(10)(D)&(11)(B).
The evidence against the RN was strong. At the same time, she was not able to properly defend her case in court. As a result, her nursing license was placed under disciplinary action.
Avoid a similar thing from happening on your end. Make sure to find the right defense attorney in case a complaint will be filed against you before the Texas Board of Nursing (BON). For more details or for a confidential consultation regarding accusations, it’s best to contact an experienced Texas nurse attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 200 nurse cases for RNs and LVNs for the past 16 years. You can call him at (832)-428-5679 to get started or to inquire for more information regarding nursing license case defenses.