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It is commonly known that the Texas Board of Nursing does not allow any type of behavior that can jeopardize the quality of healthcare provided across Texas hospitals, medical centers, home healthcare facilities, and any other facilities that employ nurses.  If a nurse in Texas demonstrates any type of conduct that interferes with providing proper care to patients, the Texas BON will intervene with disciplinary action. RNs and LVNs can always rely on an experienced nurse attorney to help defend their license when facing the Texas BON.

This is exactly what happened to an LVN in 2020. At the time of the initial incident, he was employed as an LVN at a medical facility in Brownsville, Texas, and had been in that position for five (5) years and two (2) months.

On or about February 1, 2020, while employed as an LVN at a medical facility in Brownsville, Texas, LVN did the following:

  1. LVN lacked fitness to practice nursing in that he exhibited signs of impaired behaviors, including, but not limited to: unsteadiness, slurred and slow speech, involuntary eye movements, and poor motor coordination in that he was unable to open a door with his key. LVN’s condition could have affected his ability to recognize subtle signs, symptoms or changes in patients’ conditions, and could have affected his ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patients in potential danger.
  2. LVN engaged in the intemperate use of alcohol in that he provided a specimen for a reasonable suspicion drug screen that produced a positive result for alcohol. The use of alcohol by a Nurse, while subject to call or duty, could impair the nurse’s ability to recognize subtle signs, symptoms, or changes in a patient’s condition, and could impair the nurse’s ability to make rational, accurate, and appropriate assessments, judgements, and decisions regarding patient care, thereby placing a patient in potential danger.

In response, LVN states he relapsed with alcohol the first week of February due to multiple stressors. LVN states on the date of the incident, he was extremely hung over and took prescribed muscle relaxers for back pain. LVN states the rest of the day is a blur and he woke up in the emergency department. LVN states he had been sober for more than 15 years.

The above actions constitute grounds for disciplinary action in accordance with Section 301.452(b)(9),(10),(12)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B)&(1)(T) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(1)(E),(4),(5),(10)(A)&(10)(D).

The Texas Board of Nursing then subjected the LVN’s license to disciplinary action. The accusation would have been defended by an experienced and skilled nurse attorney, had the LVN hired one. Hiring a nurse attorney for defense is applicable for any kind of accusation laid against an RN or LVN.

Always remember that anyone can file a complaint against an RN/LVN with the state board for any reason. When this happens, all complaints need to be taken seriously no matter how trivial or unfounded they may appear. A nurse attorney is someone who can help you defend your license when the state board summons you. Equip yourself with the knowledge and expertise you need for a successful outcome by consulting a knowledgeable and experienced Texas RN license attorney. Texas Nurse Attorney Yong J. An is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. Contact the Law Office of Yong J. An 24/7 through text or call at (832) 428-5679.