Accusations are stressful issues for nurses, except when a nurse attorney assists you against the case. The Texas Board of Nursing is responsible for all hearings against RNs and LVNs undergoing a case that may revoke, suspend, or only discipline their license. Take note that nurse attorneys can also defend a nurse’s license against these matters.
At the time of the initial incident, an RN was employed as a Registered Nurse at a hospital in Abilene, Texas, and had been in that position for one (1) year and five (5) months.
On or about July 4, 2017, the RN became non-compliant with the Agreed Order issued to her by the Texas Board of Nursing on May 12, 2016. Non-compliance is the result of the RN admitting to taking Hydrocodone not prescribed to her, in violation of the participation agreement with the Texas Peer Assistance Program for Nurses (TPAPN). Section I of the Agreed Order dated May 12, 2016, states:
“D. RESPONDENT SHALL comply with all requirements of the TPAPN participation agreement during its term…”
On or about December 8, 2017, the RN withdrew Ativan and Demerol from the Pyxis system for the patient but failed to document and/or completely and accurately document the administration of the medication, in the patient’s Medication Administration Record (MAR). The RN’s conduct was likely to injure the patient, in that subsequent caregivers would rely on her documentation to further medicate the patient which could result in an overdose. Additionally, the RN’s conduct placed the hospital in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
On or about December 8, 2017, the RN withdrew Ativan and Demerol from the Pyxis system but failed to follow the policy and procedure for the wastage of the medication. The RN’s conduct left medications unaccounted for, was likely to deceive the hospital pharmacy, and placed the pharmacy in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
On or about December 8, 2017, the RN withdrew Ativan and Demerol from the Pyxis system for Patient JM without a physician’s order. The RN’s conduct was likely to injure the patient, in that the administration of the medications without a valid physician’s order could result in the patient suffering from adverse reactions, and placed the hospital in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
On or about December 8, 2017, the RN misappropriated Ativan and Demerol belonging to the facility and patients thereof. Additionally, on December 14, 2017, the RN admitted to her employer & her TPAPN case manager that she had been diverting Phenergan & Demerol from her employer for personal use for two (2) months. The RN’s conduct was likely to defraud the facility and patients of the cost of the medications.
As a result, the Texas Board of Nursing decided to place her nursing license under disciplinary action. It’s too bad that he failed to hire a nurse attorney for assistance, knowing that he had every reason to defend himself in the first place. His defense would have gotten better if he sought legal consultation from a Texas nurse attorney as well.
So, if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. He is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 200 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.