At the time of the initial incident, she was employed as an LVN at a hospital in Fort Hood, Texas, and had been in that position for approximately three (3) years.
On or about June 5, 2020, while employed as an LVN at a hospital in Fort Hood, Texas, LVN was accused of the following:
- LVN violated patient confidentiality and HIPAA in that she accessed the medical record of a patient, three (3) times, without the patient’s consent and/or authorization. LVN’s conduct violated patient confidentiality.
- LVN requested a Certified Medical Assistant (CMA) enter a physician’s order for additional laboratory tests for the above mentioned patient stating she received approval from the physician when she did not. Additionally, after the falsified order was entered, LVN requested the CMA document in the encounter notes that the CMA had spoken with the patient who requested the labs, but the CMA declined. LVN’s conduct was deceptive and created an inaccurate medical record.
In response, LVN states her ex-husband had come in for lab work and while there, asked her to add a lab he wanted. LVN states he was listed at the provider she worked for. LVN explains that she asked her coworker, the CMA, to add on what he had requested. LVN states this was an irresponsible action on her part for allowing her emotions to cloud her professional license. LVN thinks she asked her to put a note in that he had called when in truth he had asked her in person while there. LVN denies accessing his chart on her own or looking at any results. According to LVN, this decision is the worst she’s ever made in her nursing career and there is no excuse for the terrible decision she made. LVN adds it was a poor decision that will never happen again, and she loves being a nurse. LVN states she’s never been subject to previous disciplinary action by the Board, she’s been practicing for 9 years, has completed CEUs including HIPAA, has reviewed the NPA multiple times, and there was no intended or actual harm.
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)(E) and 22 TEX. ADMIN. CODE §217.12(1)(B)&(6)(H).
Because of this, the LVN was summoned by the Texas Board of Nursing to defend her side but the LVN failed to hire a nurse attorney to help her with her case and without proper defense, the Texas Board of Nursing then 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 on you, you should hire a nurse attorney immediately before it’s too late. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. 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. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679 for a confidential consultation regarding any accusations from the Texas BON.