Select Page

Maintaining alertness and vigilance is paramount for nurses to provide high-quality patient care and ensure patient safety. Nurses are entrusted with the responsibility of being attentive and responsive to the needs of their patients throughout their shifts. However, instances where a nurse’s alertness is compromised, leading to on-duty sleeping, can raise significant concerns about the nurse’s ability to fulfill their professional obligations and prioritize patient well-being. When confronted with allegations related to on-duty sleeping and fitness to practice, seeking legal counsel can be essential in addressing the matter comprehensively. A nurse attorney can offer valuable support in navigating the legal intricacies, ensuring a fair evaluation of the situation, and advocating for the nurse’s rights while upholding the integrity of the nursing profession and patient safety.

At the time of the initial incident, he was employed as an LVN at a healthcare facility in Carrollton, Texas, and had been in that position for three (3) years and seven (7) months.

On or about September 25, 2020, while employed as an LVN at a healthcare facility in Carrollton, Texas, and assigned to provide care for a patient, LVN lacked fitness to practice vocational nursing in that he was sleeping during his shift. LVN’s conduct could have affected his ability to recognize subtle signs, symptoms, or changes in patients’ conditions, and could have affected his ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patients in potential danger.

In response, LVN states he was only working 24 hours a week at the time as he had heart problems and was going through the disability process. LVN states he takes his work as a nurse very seriously and loves what he does. According to LVN, one of his medications made him really sleepy.

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10),(12)&(13) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(T) and 22 TEX. ADMIN. CODE §217.12 (1)(B),(1)(E),(4)&(5).

A case was ultimately filed against her before the Texas Board of Nursing (BON). The said allegation was fatal to the LVN’s capability to perform the essential functions and duties. Sad to say, the nursing defense attorney who handled his case was not able to properly defend his interests and rights before the Board. The Texas Board of Nursing (BON) found him guilty of the offense alleged in the complaint and decided to place his LVN license under disciplinary action.

If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed against you, you should hire a nurse attorney immediately before it’s too late. 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. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.