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The Texas Board of Nursing is known to be very strict when it comes to all actions of nurses, which is why a nurse attorney is needed when attending hearings before the Board. The Texas Board of Nursing does not allow those who wish to exceed the scope of their practice as an RN or LVN or those who work and does not follow rules and regulations. 

It was on or about June 15, 2021, an LVN applied for a Graduate Vocational Nurse Permit and authorization to test from the Board. On or about June 17, 2021, the LPN program at Allen, Texas provided an Affidavit of Graduation, certifying that LVN met the requirements for graduation. The LVN received the Board’s authorization to test and Graduate Vocational Nurse Permit on June 28, 2021. On or about June 28, 2021, the LVN received notice from the LPN Program that he was being considered for “relief” or dismissal from the program. The LPN Program indicates he was verbally instructed not to sit for the NCLEX examination.

On or about July 8, 2021, while holding a temporary nursing permit the LVN sat for the NCLEX examination. The LVN passed the NCLEX examination and was licensed as an LVN on July 9, 2021. The LVN was academically relieved from the LPN program due to failing two (2) clinical rotations, failing multiple clinical remediations, Military Occupation Specialty (MOS) position unsuitability due to inability to work with patients and unprofessional conduct. The said LVN is not entitled under the law to hold nursing licensure since he failed to meet the educational requirements of the Nursing Practice Act and Board rules. 

As a result, the LVN denies that he was verbally instructed not to sit for the NCLEX examination. The said LVN states he was instructed with the rest of his peers to sign up and pay for the examination during class. At the time The LVN was already licensed on July 9, 2021, when the LPN Program dismissed him on July 13, 2021. The LVN also denies the allegation of unprofessional conduct and appealed the action to relieve him from the nursing program to continue remediation but was denied. 

If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed against you, you should hire a nurse attorney immediately before it’s too late. Texas Nurse Attorney Yong J. An is one of those dedicated nurse lawyers who helped various nurses in their cases since 2006. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.