A controlled substance is a drug that is tightly controlled or regulated by the Controlled Substance Act because for the reason that it can be abused or even cause addiction. If an RN is using the excess leftover drugs for personal use, great harm to a patient can happen. The RN will be held accountable for it. If such a mistake happens, you should always consider having a nurse attorney for the defense.
At the time of the incident, she was employed as an RN at a medical facility in Wichita Falls, Texas, and assigned to the Neuro Med/Surg unit, and had been in that position for three (3) years.
On or about February 20, 2020, through April 29, 2020, while employed as an RN at a medical facility in Wichita Falls, Texas, and assigned to the Neuro Med/Surg unit, RN was accused of the following:
- RN withdrew medications including, but not limited to, Hydromorphone and Morphine from the medication dispensing system for patients but failed to follow the facility’s policy and procedure for wastage of the unused portions of the medications. 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.
- RN misappropriated Hydromorphone and Morphine belonging to the facility and patients, thereof, or failed to take precautions to prevent such misappropriation. RN’s conduct was likely to defraud the facility and patients thereof of the cost of the medications.
In response, RN states she failed to comply with the facility’s narcotic wastage protocol on February 12, February 20, April 4, April 8, April 29 and May 11. RN states she feels disappointed in herself that she has put at risk what she has worked so hard for and what she loves to do. RN states she understands the seriousness of narcotic handling and wastage and will further do her utmost best to follow the standard.
The above actions constitute 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) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B), (4),(6)(G),(8),(10)(C),(10)(E)&(11)(B).
A case was ultimately filed against her before the Texas Board of Nursing (BON). The said allegation was fatal to the RN’s capability to perform the essential functions and duties. Sad to say, the nursing defense attorney who handled her case was not able to properly defend her interests and rights before the Board. The Texas Board of Nursing (BON) found her guilty of the offense alleged in the complaint and decided to place her RN 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.