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If an RN is caught sleeping while on duty, consequences await. It will be then put to debate if that RN is fit to practice professional nursing. But when facing the Board, you need a nurse attorney for the defense. Having a nurse attorney around, a possibility of a positive outcome may happen.

An incident happened on or about May 10, 2019, an RN was employed at a hospital in Denton, Texas, and assigned to a patient who is posting heart transplant, ventilator, and tracheostomy dependent, in chronic respiratory failure, and has a g-tube, the RN lacked the fitness to practice nursing in that he was observed to be sleeping while on duty. His conduct was likely to injure the patient in that it adversely affected her ability to recognize subtle signs, symptoms, or changes in the patient’s conditions, and could have affected her ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patient in potential danger.

In regards to the incident, the RN states that after completing his 10 pm rounds with medication administration, suctioning, and repositioning, he sat down. He states he had a small cold which made his breathing heaving and loud. He states he began to watch a YouTube video when the patient’s mother walked in and said she heard him sleeping. And also, he added that he tried to explain to her he had a cold and his breathing was heavy and attempted to show her the video he was watching. The RN states he continued his shift, documenting all his assignments, and later, around 3 am, the patient’s father entered while he was working and assured the RN he did not see an issue and encouraged him to continue his shift. Respondent states he completed his shift and gave a report to the oncoming nurse at 7 am on May 11, 2019.

As a result, the Board has put the RN into disciplinary action as per evidence received. This result can be changed to a different outcome. Hiring a nurse attorney is a game-changer for every RN.

Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of RN License Attorney Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679 and ask for attorney Yong.