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Sleeping while on duty is the most common mistake nurses could make. The Board may find the nurse lacked the fitness to practice because of this reason. Although there are other factors and aspects to look for if you are really a fit to practice nursing. If the Board summons you, always seek a good nurse attorney to represent you in court.

At the time of the incident, he was employed as an LVN at a hospital in San Antonio, Texas, and had been in that position for two (2) months.

On or about November 20, 2020, while employed as an LVN at a hospital in San Antonio, Texas, and assigned to a patient, LVN lacked fitness to practice nursing in that he exhibited signs of impairment while on duty, including, but not limited to acting confused and dizzy, having trouble speaking and staying awake, and being found asleep by the patient’s family member. In addition, LVN admitted to falling asleep. LVN’s conduct was likely to injure the patient in that it adversely affected his ability to recognize subtle signs, symptoms or changes in the patient’s condition, and could have affected his ability to make rational, accurate, and appropriate assessments, judgements, and decisions regarding patient care, thereby placing the patient in potential danger.

In response, LVN states that he had been working long hours around the time of this incident and was recovering from illness; as a result, and despite his best efforts, he fell asleep for a few minutes. LVN states that this was an isolated incident.

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)(B),(1)(C)&(1)(T) and 22 TEX. ADMIN. CODE §217.12 (1)(A),(1)(B),(1)(E)&(4).

Unfortunately, the Texas Board of Nursing found him guilty of his deeds. His LVN license was subjected to disciplinary action. He did not hire a skilled Texas BON attorney to fully defend his case which led to this decision by the Texas Board of Nursing.

Do you have questions about the Texas Board of Nursing disciplinary process? Contact The Law Office of Texas Nurse Attorney Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679. Texas Nurse Attorney Yong J. An is an experienced nurse attorney who represented more than 300 nurse cases for RNs and LVNs for the past 16 years.