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Confidentiality and ethical conduct are fundamental pillars of the nursing profession, ensuring the protection of patients’ private medical information. Unfortunately, there are instances when an RN’s actions may deviate from these essential principles, leading to breaches of patient confidentiality and compromising the trust placed in healthcare professionals. In such complex and challenging situations, RNs facing allegations of confidentiality breaches and unprofessional conduct can greatly benefit from the guidance and support of a nurse attorney. A nurse attorney can assist the RN in understanding their legal rights, evaluating potential consequences, and crafting an effective defense to address any disciplinary actions or investigations, ensuring the RN’s interests are protected throughout the legal process.

At the time of the initial incident, she was employed as an RN with a pediatric home health service provider in Lewisville, Texas, and had been in that position for approximately one (1) month.

On or about January 2021, through March 2021, while employed as an RN with a pediatric home health service provider in Lewisville, Texas, and assigned to provide nursing services for Patient A, RN was accused of the following:

  1. RN violated patient confidentiality in that she discussed other patients and their diagnoses, with Patient A’s mother. RN’s conduct exposed the patient unnecessarily to a risk of harm from disclosure of their confidential medical information without their legal guardian’s written authorization.
  2. RN engaged in the intemperate use of alcohol that she drank during her shift. RN’s conduct could have affected her ability to recognize subtle signs, symptoms, or changes in patients’ conditions, and could have affected her ability to make rational, accurate, and appropriate assessments, judgements, and decisions regarding patient care, thereby placing the patients in potential danger.

In response to the above incidents, RN admits to the conduct. In addition, RN states: “do not recall drinking during a nursing shift. I do recall in this person’s presence while off duty at least on a few occasions.”

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(9),(10)&(13) Texas Occupations Code, and is a violation of 22 TEX ADMIN. CODE §217.11(1)(A),(1)(B),(1)(E),(1)(I),(1)(J)&(1)(T) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(E),(4),(5),(6)(D),(10)(A)&(12).

Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her RN license was subjected to disciplinary action. She did not hire a skilled Texas nurse attorney to fully defend her case which led to this decision by the Texas Board of Nursing.

Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of Texas Nurse Attorney Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 300 nurse cases for RNs and LVNs for the past 16 years.