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The practice of the nursing profession can become challenging and demanding all at the same time. An LVN in Texas needs to follow several rules and regulations to prevent revocation of her LVN license. In the past, several cases were filed against different nurses for misconduct and gross negligence which may have put their LVN license in danger. Therefore, nurses need a Texas nurse attorney.

At the time of the incident, she was employed as an LVN with a transitional health care provider in Wichita Falls, Texas, and had been in that position for nine (9) months.

On or about September 29, 2019, while employed as an LVN with a transitional health care provider in Wichita Falls, Texas, LVN inappropriately administered Tylenol-Codeine #3 to a patient, without a valid physician’s order. LVN subsequently reactivated the medication in the Medication Administration Record, without authorization, after realizing it had previously been discontinued. LVN did not report the medication error to a physician and/or staff until the following day. LVN’s conduct was likely to injure the patient in that the administration of medications without a valid physician’s order could result in the patient suffering from adverse reactions.

In response, LVN states that this was an unintentional medication error. LVN states that on the day in question, her patient requested pain medication due to severe pain. LVN explains that they do not carry pain medication on the medication cart as it’s in their Passport system. LVN states that she went to the Passport system, which only carries active medications, to type in the patient’s name and found that Tylenol #3 was active to include the dose, time, and route. LVN states that she pulled the medication out, and then went to her computer system to sign it out when she discovered it was not there. LVN states that she believed that the nurse practitioner forgot to add this medication to the computer, therefore, she activated it herself to give to the patient. LVN states that she did not prescribe the medication, and she did not know that the nurse practitioner discontinued it as it was still active with Pharmacy in the Passport system. LVN states that no alert showed that the medication had been discontinued. LVN states that after she gave the medication to her patient, the patient was alert, oriented, and the pain was controlled. LVN states that the next morning she clarified the medication issue with the nurse practitioner who informed her that it was discontinued.

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(10)&(13), Texas Occupations Code, and a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(C),(1)(M)&(1)(P) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B)&(4).

Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her LVN license was subjected to disciplinary action. She did not hire a skilled Texas BON 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 200 nurse cases for RNs and LVNs for the past 16 years.