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Sleeping while on duty is the most common mistake an LVN could make. The Board may find the LVN lacked the fitness to practice because of this reason. Although there are other factors and aspects to look for if you are really a fit to practice nursing. If the Board summons you, always seek a good nurse attorney to represent you in court.

At the time of the incident, she was employed as an LVN at a hospital in San Antonio, Texas, and had been in that position for ten (10) months.

On or about September 30, 2020, through October 1, 2020, while employed as an LVN at a hospital in San Antonio, Texas, and assigned to provide nursing care to a patient, LVN lacked fitness to practice nursing in that she was observed to be sleeping while on duty. LVN’s conduct could have affected her ability to recognize subtle signs, symptoms or changes in the patient’s condition, and could have affected her ability to make rational, accurate, and appropriate assessments, judgements, and decisions regarding patient care, thereby placing the patient in potential danger.

In response, LVN denies that she slept during her shift. LVN states the temperature in the room was extremely cold and she started having a slight migraine. LVN admits she covered herself with a cloth to mitigate the effect of the air conditioner on her, but maintains she was still alert and active throughout the shift.

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)(A)&(1)(B),(1)(T) and 22 TEX. ADMIN. CODE §217.12.(1)(A),(1)(B),(1)(E),(4)&(5).

The Texas Board of Nursing then subjected the LVN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the LVN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.

Always remember that anyone can file a complaint against an RN/LVN with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN 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 300 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.