False documentation 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 nurse attorney just because they thought it’s doom for their license already. But that is not entirely the case as there is still hope.
At the time of the incident, she was employed as an RN at a hospital in Grand Prairie, Texas, and had been in that position for eight (8) months.
On or about April 1, 2020, while employed as an RN at a hospital in Grand Prairie, Texas, RN incorrectly administered a psychoactive medication to a pediatric patient, when the patient’s family had refused to consent to the administration of the medication. Thereafter, on or about April 2, 2020, RN revised her documentation of the administration of the psychoactive medication to the above-mentioned patient and falsely documented that the patient and family had refused the medication and that the medication had been wasted with a witness. In addition, RN falsely documented an incident report wherein she stated that the patient refused the medication and the medication was wasted with a witness. RN’s conduct was likely to injure the patient in that the administration of a psychoactive medication without the patient’s informed consent jeopardized the patient’s personal autonomy. Furthermore, RN’s conduct resulted in an inaccurate medical record and was likely to injure the patient in that subsequent caregivers would not have accurate information on which to base their decisions for further care.
In response, RN states that the physician placed the order for the medication on March 30, 2020, and the nurse caring for the patient at that time incorrectly completed the medication consent for refusal of medication, failed to give a report to the following shift regarding the refusal of the medication, and failed to contact the physician regarding the refusal of the medication. RN states that when she received a report on the patient on April 1, 2020, she asked about any medication consents pending and the nurse stated that everything was clear. RN states that she did not see the consent in the computer, so she checked the patient’s chart, saw the consent form, which did not appear unusual, and administered the medication. RN states that the following day, she realized that an incident report was done against her for administering the medication without consent. RN states she discussed the situation with the physician who placed the order. RN states that the physician told her to contact the physician who was covering the patient that day. RN states that she discussed the situation with the Director of Pharmacy, who told her that she would contact the physician. RN states that the patient was getting discharged and she discussed the situation with the patient and her family, but the patient and her family denied that the patient received any medication. RN states that she was puzzled by the denial and not sure about what happened to the medication she administered, so she revised her documentation to “in error.”
The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and are a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(C)&(1)(D) and 22 TEX. ADMIN. CODE §217.12(1)(B)&(6)(A).
Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her RN license was subjected to disciplinary action. She did not hire a skilled Texas nurse attorney to fully defend her case which led to this decision by the Texas Board of Nursing.
Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of Texas Nurse Attorney Yong J. An for a confidential consultation by call or text 24/7 at (832) 428-5679. 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.
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