An RN or LVN who violates the state laws and issuances from the Texas Board of Nursing (BON) should seek proper help from a nurse attorney. Doing so could make or break their cases. As a matter of fact, the license can even be suspended or revoked if not defended properly.
At the time of the incident, she was employed as an RN at a medical facility in Edinburg, Texas and had been in that position for four (4) years and eleven (11) months.
On or about January 20, 2020, while employed as an RN at a medical facility in Edinburg, Texas, RN posted protected health information regarding a patient and his family to a social media webpage. Additionally, RN posted a photo of the patient to the social media webpage, after the patient was discharged, without authorization from the patient’s family and/or responsible party. RN’s conduct exposed the patient unnecessarily to a risk of harm from disclosure of their confidential medical information without their written authorization and constitutes a violation of HIPAA (The Health Insurance Portability and Accountability Act).
In response, RN states on the day of discharge, the patient’s mother asked her to take a picture with the baby using mother’s cell phone. RN states she agreed and asked the patient’s mother if she could also have a photo on RN’s cell phone. The mother replied ‘yes’, and RN asked if she could post the photo to a social media account. The mother replied ‘yes’, and RN admits she posted the photo to her social media account after her shift. RN acknowledges her error and states she has permanently deleted the photo posted on her personal media page as well as from her cell phone.
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)(E) and 22 TEX. ADMIN. CODE §217.12(1)(A), (1)(B)&(4).
The Texas Board of Nursing gave the RN enough time to defend the complaints filed against her. However, there was a failure on the RN’s part to find the right RN/LVN license attorney to handle her case. The negligence of the RN/LVN license attorney led to the decision of the Texas BON to place the RN’s license under disciplinary action.
Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN/LVN license attorney. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 300 nurse cases for the past 16 years. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679 for a confidential consultation regarding any accusations from the Texas BON.