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The Texas Board of Nursing (BON) is the government agency that has jurisdiction to hear and decide administrative cases involving RN and LVN in Texas. It is also the agency that is responsible for overseeing the practice of professional nursing all over the state of Texas. Any RN or LVN who is guilty of violating state laws and issuances from the Texas Board of Nursing (BON) may be subjected to penalties or fines if not properly defended by a Texas nurse attorney. As a matter of fact, the RN license and LVN license can even be suspended or revoked.

At the time of the initial incident, she was employed as an LVN at a correctional facility in Austin, Texas, and had been in that position for two (2) years.

On or about May 18, 2020, while employed as an LVN at a correctional facility in Austin, Texas, LVN did the following:

  1. LVN failed to implement the Standing Delegated Order for Nausea/Vomiting and document on the Urgent/Emergent Record when a patient complained of seven (7) days of vomiting, cramping and shortness of breath and exhibited a firm abdomen with left upper quadrant tenderness. LVN’s conduct was likely to injure the patient from clinical decisions based on incomplete assessment information and omitted instructions that would have been provided on the Urgent Emergent Record.
  2. LVN failed to notify the provider when the patient complained of seven (7) days of vomiting, cramping and shortness of breath and exhibited a firm abdomen with left upper quadrant tenderness. Subsequently, the patient was found without a pulse or respirations at approximately 0400 on May 21, 2020. LVN’s conduct deprived the provider of needed information and may have contributed to the patient’s death from diabetic ketoacidosis.

In response, LVN states she overlooked that the Nurse Protocol states to move forward to an Urgent/Emergent Note and Standing Delegated Order (SDO) if an inmate reports nausea or vomiting. LVN states she was improperly trained that vomiting must be observed.

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)(D),(1)(M)&(2)(A) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(C)&(4).

However, without enough evidence to prove she’s not guilty, the LVN lost the case. This is the reason why the Texas Board of Nursing placed her LVN license under disciplinary action. 

Do not be stressed or anxious if you find yourself in a similar situation as that of the LVN mentioned above. All you need to do is to find the right RN/LVN license attorney who can help you in the case. 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 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.