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The Texas Board of Nursing (BON) has the jurisdiction to hear and decide cases involving the practice of professional nursing in Texas. Any RN/LVN in Texas found guilty of violating the state laws and regulations may be subjected to a disciplinary case. 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 Texas nurse attorney. This attorney can help any RN or LVN defend herself and try to prevent the revocation of her license in Texas.

At the time of the initial incident, she was employed as an LVN at a rehabilitation facility in Abilene, Texas, and had been in that position for four (4) months.

On or about November 27, 2020, while employed as an LVN at a rehabilitation facility in Abilene, Texas, LVN responded to a Code Blue for a patient, but failed to intervene for the resident after she discovered that rescue breaths were not being provided. Instead, LVN allowed the other nurses to continue with chest compressions and left the non-rebreather mask on the resident. The patient was subsequently pronounced deceased by Emergency Medical Services (EMS) personnel. LVN’s conduct may have contributed to the patient’s demise.

In response, LVN states she was told about the Code by a certified nurse aide (CNA). LVN states she hurried down to the room and opened the door to see if anyone needed help. LVN states she was asked to clear the area in preparation for EMS arrival. LVN states she unplugged and pushed the lift towards the foot of the bed, and she was then able to get close to the scene. LVN states she noticed that compressions were being done, but no rescue breaths were being given, and she saw the resident had a non-rebreather mask on. LVN states she called out and asked, “are we not doing breaths?” LVN states an LVN replied, “no, we have her on oxygen.” LVN states she tried to rationalize that response and her thought in the moment was, “ok, I’m the last one in here, maybe I’m not aware of an updated protocol in CPR after COVID.” LVN states she left the room when EMS arrived. LVN states after the Code, she asked her CPR instructor if oxygen was enough in replacing the rescue breaths and he stated no. LVN states after getting this information, she notified the other nurses involved and then notified the Administrator. LVN further states that she does not provide direct patient care in her current position as an MDS Coordinator.

The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(M)&(2) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B)&(4).

Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her LVN license was subjected to disciplinary action. She did not hire a skilled Texas BON attorney to fully defend her case which led to this decision by the Texas Board of Nursing.

Make sure that you will not make the same mistake as the LVN mentioned above in her case before the Texas Board of Nursing (BON). Contact a Texas nurse attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for 16 years and represented over 300 nurses before the Texas BON. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.