The Texas Board of Nursing (BON) is the administrative agency that is responsible to hear and decide cases involving a RN or LVN nurse in the state of Texas. This agency exists in order to ensure that the professional nurses are equipped with the right set of skills to perform their duties. At the same time, it is also necessary so that the nurses will comply with the laws promulgated by the government as well as the administrative rules issues by the Board.
For this reason, every nurse is expected to perform well in his or her daily practice. Otherwise, he can be subjected to a disciplinary proceeding before the Boar of Nursing. In case that there is a violation, a complaint may be filed against the nurse involved. This is exactly what happened in the case of Astrid who is a registered nurse in the state of Texas.
In the complaint filed before the Texas Board of Nursing (BON), the LVN nurse was accused of administering Nubain 10mg to a particular resident patient. This was a great mistake because the physician instructed her to use the Nubain 5mg. At this point, it is important to note that Nubain is a narcotic pain medication. The act of the LVN nurse was likely to harm the patient from excessive dose of narcotic medication, which could result in respiratory depression, over- sedation and/or death.
This was a clear violation of the law, specifically, the Texas Administrative Code which provides:
Sec. 301.452. Grounds for Disciplinary Action.
(a)In this section, intemperate use includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs.
(b) A person is subject to denial of a license or to disciplinary action under this subchapter for:
(1) a violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order issued under this chapter;
(2) fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing;
(3) a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude;
(4) conduct that results in the revocation of probation imposed because of conviction for a felony or for a misdemeanor involving moral turpitude;
(5) use of a nursing license, diploma, or permit, or the transcript of such a document, that has been fraudulently purchased, issued, counterfeited, or materially altered;
(6) impersonating or acting as a proxy for another person in the licensing examination required under Section 301.253 or 301.255;
(7) directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized practice of nursing;
(8) revocation, suspension, or denial of, or any other action relating to, the person’s license or privilege to practice nursing in another jurisdiction or under federal law;
(9) intemperate use of alcohol or drugs that the board determines endangers or could endanger a patient;
(10) unprofessional conduct in the practice of nursing that is likely to deceive, defraud, or injure a patient or the public;
(11) adjudication of mental incompetency;
(12) lack of fitness to practice because of a mental or physical health condition that could result in injury to a patient or the public; or
(13) failure to care adequately for a patient or to conform to the minimum standards of acceptable nursing practice in a manner that, in the board’s opinion, exposes a patient or other person unnecessarily to risk of harm.
Because of this, the Texas Board of Nursing (BON) decided to suspend the nursing license of the professional nurse. She was not allowed to practice the nursing profession in Texas for months. This is something that you need to consider. Avoid the similar thing from happening on your end. Make sure to find the right defense lawyer in case a complaint will be filed against you before the Texas Board of Nursing (BON).
Consult with Texas nurse attorney Yong J. An today if you have any questions about your response letter or the disciplinary process by calling or texting him at (832) 428-5679 day, night or weekends.
