When you are a professional nurse in Texas, one of the things that you must never forget is to follow the laws imposed by the State. Aside from this, a RN or LVN nurse is expected to abide by the rules and regulations set by the Texas Board of Nursing. Non-compliance with these laws and statutes can have severe consequences. As such, every professional with a nursing license must act in accordance with the oath of the profession. For failure to do so, the consequences may include the suspension or revocation of a license.
There are many cases in Texas wherein a licensed nurse is terminated from his employment due to certain violations of the hospital or clinic policies. In some instances, a nurse may also be subject to an administrative case before the Texas Board of Nursing. At this point, it is important to note that the complaint may be filed by any interested party or by the Board itself. Once a case is filed, a hearing will follow wherein both parties are given the opportunity to air their side.
The common mistake of most RN nurses is not finding the right nursing defense attorney to help them with their cases. This is exactly what happened to the case of Janine who obtained a nursing license in the early 2010. While this LVN nurse was on duty, a patient accused her of committing an act that is unbecoming of a nurse.
It was stated on the complaint that on or about October 2016 through March 2017, the LVN nurse violated the boundaries of the nurse-client relationship in that she exchange text messages and phone calls a patient. For this communication, she used her personal cell phone. This subsequently led to an intimate relationship. The conduct of the LVN nurse was likely to injure the patient. In that could result in confusion between the needs of the nurse and those of the patient. In addition, her conduct may have caused delayed distress for the patient, which may not be recognized or felt by the patient until harmful consequences occur.
The act of Janine clearly violated this law:
Sec. 301.452 provides for the 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.
What happened to Anna is only a clear example of how difficult it is for a registered nurse to go undefended before the Texas Board of Nursing (BON). Contact a Texas nurse attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.