In the healthcare field, adherence to strict medication administration protocols is essential to ensure patient safety and maintain the integrity of controlled substances. Unfortunately, errors and deviations from established procedures can occur, leading to potential harm to patients and raising legal concerns for the RNs involved. To address these critical allegations and safeguard the RN’s rights, a nurse attorney can provide essential legal expertise and support, guiding the RN through potential legal proceedings and advocating for a fair resolution.
At the time of the incident, she was employed as an RN at a nursing facility in Pasadena, Texas, and had been in that position for two (2) years and six (6) months.
On or about December 26, 2019, January 9, 2020, and February 7, 2020, while employed as an RN at a nursing facility in Pasadena, Texas, RN was accused of the following:
- RN signed out four (4) tablets of Hydrocodone-Acetaminophen 7.5m-325mg from the Individual Controlled Drug Record for resident A, and four (4) tablets of Hydrocodone-Acetaminophen 5mg-325mg from the Individual Controlled Drug Record for resident B but failed to document and/or completely and accurately document the administration of the medications in the residents’ Medication Administration Records and/or nurses’ notes. RN’s conduct was likely to injure the residents, in that subsequent care givers would rely on her documentation to further medicate the residents which could result in an overdose. Additionally, RN’s conduct placed the facility in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
- RN signed out four (4) tablets of Hydrocodone-Acetaminophen 7.5mg-325mg from the Individual Controlled Drug Record for resident A, and four (4) tablets of Hydrocodone-Acetaminophen 5mg-325mg from the Individual Controlled Drug Record for resident B but failed to follow the facility’s policy and procedures for wastage of the unused portions of the medications. RN’s conduct left medications unaccounted for, was likely to deceive the facility pharmacy, and placed the pharmacy in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
In response to the above incidents, RN states that she now understands her errors and that her intent was to serve her patients’ pain needs under difficult, limited circumstances.
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),(1)(C)&(1)(D) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(C),(4),(6)(G),(8),(10)(C),(10)(E)&(11)(B).
As a result, the Texas Board of Nursing decided to place her RN license under disciplinary action. It’s too bad that she failed to hire a nurse attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she sought legal consultation from a Texas nurse attorney as well.
So, if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. He is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.