The Texas Board of Nursing (BON) has the jurisdiction to hear and decide cases involving the practice of professional nursing in Texas. Any RN nurse found guilty for violating the state laws and regulations may be subjected to a disciplinary case. The complaint can be filed before the Texas Board of Nursing (BON).
When it comes to disciplinary proceedings before an administrative body in the state of Texas, the first thing that you need to take into consideration is to hire the best nursing defense lawyer. This lawyer can help any RN or LVN nurse defend himself and try to prevent the revocation of the nursing license.
One of the best examples wherein a client failed to hire the right nursing defense attorney is the case of Henry. He worked in one of the top hospitals in Texas. He engaged in the intemperate use of Methadone, in that she submitted a specimen for a reasonable suspicion drug screen, which resulted deposited for Methadone. Chapter 481 of the Texas Health and Safety Code prohibits the unlawful possession of Methadone. In the complaint, it was alleged that the use of the prohibited substance could impair the nurse’s ability to make rational, accurate and appropriate assessments, judgments and decisions regarding patient care, thereby placing patient in potential danger.
At the same time, he failed to comply with this important provision under the Texas Nurse Act:
Sec. 301.452. Grounds for Disciplinary Action.
(a)In this section, intemperate use includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs.(b) A person is subject to denial of a license or to disciplinary action under this subchapter for:
(1) a violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order issued under this chapter;
(2) fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing;
(3) a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude;
(4) conduct that results in the revocation of probation imposed because of conviction for a felony or for a misdemeanor involving moral turpitude;
(5) use of a nursing license, diploma, or permit, or the transcript of such a document, that has been fraudulently purchased, issued, counterfeited, or materially altered;
(6) impersonating or acting as a proxy for another person in the licensing examination required under Section 301.253 or 301.255;
(7) directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized practice of nursing;
(8) revocation, suspension, or denial of, or any other action relating to, the person’s license or privilege to practice nursing in another jurisdiction or under federal law;
(9) intemperate use of alcohol or drugs that the board determines endangers or could endanger a patient;
(10) unprofessional conduct in the practice of nursing that is likely to deceive, defraud, or injure a patient or the public;
(11) adjudication of mental incompetency;
(12) lack of fitness to practice because of a mental or physical health condition that could result in injury to a patient or the public; or
(13) failure to care adequately for a patient or to conform to the minimum standards of acceptable nursing practice in a manner that, in the board’s opinion, exposes a patient or other person unnecessarily to risk
of harm.
The above-mentioned conduct committed by the RN nurse constitutes a ground for disciplinary action before the Texas Board of Nursing (BON). The RN nurse was given an opportunity to present evidence to overthrow the allegations about her. At that point, the assistance of a nursing defense lawyer was really necessary.
However, the respondent in the Texas Board of Nursing (BON) disciplinary proceeding failed to rebut the allegations. It was the consequence she needed to face for failure to find an effective and efficient nursing lawyer to defend his case. Your fate should not be the same with this RN or LVN nurse.
If you are looking for a Texas nurse license defense lawyer that has a proven track record in this practice area, contact the Law Firm of Yong J. An 24/7 by calling or texting him at (832) 428-5679 for a confidential consultation. Mr. An has over 10 years’ experience handling Texas BON disciplinary action cases and has helped several dozens of nurses in Texas protect their nursing license.