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A licensed nurse has a lot of responsibilities to take. As an individual who has a valid professional license to practice the nursing professions, there are high expectations from her. The patients expect her to deliver proper medication and perform efficiently in rendering medical assistance. Her fellow colleagues also expect the nurse to help in achieving the goals of the medical facility or institution. At the same time, the LVN nurse is also expected to comply with the several laws and rules promulgated by the State.

In the recent case we learned of, an LVN nurse named Arnaldo was made a respondent in the case filed before the Texas Board of Nursing (BON). While employed as a Home Health Nurse, the LVN nurse left her patient alone and unattended in his house without first notifying the patient’s family or primary care giver that he was leaving the premises and her nursing assignment.

The patient had diagnoses that included cerebral palsy, cortical blindness, a tracheostomy and ventricular-peritoneal shunt. At the same time, he was also considered as non-verbal and non-ambulatory, which is why he required continuous care. The patient was left alone and unattended for approximately twenty minutes before the family was notified by the agency scheduler that the nurse had left. The act of the LVN nurse was likely to harm the patient from injuries incurred while unsupervised, including falls, airway obstruction and possible demise.

The act of the LVN nurse is a clear violation of the Texas Nurse Act. The provision states:

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.

Do not fret if you find yourself in a similar situation same as that of Arnaldo. All you need to do is to find the right defense lawyer who can help you in the case. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas nurse attorney. Contact the Law Office of Yong J. An and text or call attorney Yong 24/7 at (832) 428-4579.