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Any type of accusations can be defended if there is a skilled nurse attorney ready to assist you during the hearing before the Board of Nursing. The Texas Board of Nursing has full jurisdiction regarding cases that may affect an RN or LVN’s license from suspension, disciplinary action, or revocation.

At the time of the incident, she was employed as an LVN at a hospital in Sugar Land, Texas, and had been in that position for four (4) months.

On or about December 21, 2019, through December 22, 2019, while employed as an LVN at a hospital in Sugar Land, Texas, LVN was accused of the following:

1. LVN withdrew four (4) vials of Hydromorphone 2mg for a patient and two (2) vials of Lorazepam for another patient from the medication dispensing system but failed to follow the facility’s policy and procedures for wastage of the unused portions of the medications. LVN’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.

2. LVN misappropriated four (4) vials of Hydromorphone from a patient and two (2) vials of Lorazepam from another patient, belonging to the facility or patients thereof, or failed to take precautions to prevent such misappropriation. LVN’s conduct was likely to defraud the facility and patients of the cost of the medications.

In response to the above incidents, LVN states she forgot to return to the meditation room at the end of her shift to complete the wastage process. LVN denies misappropriating the medication.

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),(1)(E),(4),(5),(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 LVN’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 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 200 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.

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