Many people want to become LVN or RN in the state of Texas. These individuals strive hard in finishing their nursing degree to qualify for the board examination handled by the Texas Board of Nursing (BON). This only shows that this kind of profession is popular in the country. Since the number of professional nurses keeps on increasing every year, the government of Texas has enacted certain rules and regulations for the protection not only of the patients but even the nurses themselves. Notwithstanding these laws, there are still a high number of LVNs/RNs who keep on violating the statutes and special laws enacted by the government. This is the primary reason why there are many complaints filed before the Texas Board of Nursing (BON). When facing fraud cases, always seek the help of a nurse attorney. One of the nurses got involved in a particular case.
At the time of the initial incident, she was employed as a Pediatric Nurse Practitioner with a pediatric health care service provider in McKinney, Texas, and had been in that position for three (3) months.
On or about February 16, 2020, while employed as a Pediatric Nurse Practitioner with a pediatric health care service provider in McKinney, Texas, RN wrote one (1) prescription for Modafinil two (2) refills and submitted it to a pharmacy in McKinney, Texas, to be dispensed to her ex-boyfriend, who was not a patient of the clinic. In addition, the medication was filled under the name and Drug Enforcement Administration (DEA) number assigned to a pediatrician, without the doctor’s knowledge or authorization. RN’s conduct was likely to deceive the pharmacy, and possession of Modafinil through use of unauthorized prescriptions is prohibited by Chapter 481 of the Texas Health and Safety Code (Controlled Substances Act) and Chapter 483 of the Texas Health and Safety Code (Dangerous Drugs Act).
In response, RN states that on multiple occasions her ex-boyfriend asked her to write him a prescription for a medication that could help him stay awake and had been previously prescribed to him by his primary care provider. RN was initially hesitant to prescribe the medication, but after her ex-boyfriend told her that he fell asleep at the wheel while driving home from work, she proceeded to write him a prescription with refills. After he ran out of medication, he asked her for a refill again, and that is when she called it into the pharmacy next door to the pediatric clinic. RN states she had no idea that what she was doing was wrong and apologizes for her wrongdoing.
The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(1)&(10), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.12(1)(B),(4),(6)(H),(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 RN’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 RN 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 300 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.