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Any type of accusations can be defended as long as there is a skilled Texas nurse attorney ready to assist you during the hearing before the Board of Nursing. The Texas Board of Nursing has full jurisdiction regarding cases that may affect an RN or LVN’s license from suspension, disciplinary action or revocation.

At the time of the initial incident, she was employed as an LVN at a hospital in New Braunfels, Texas, and had been in that position for eight (8) years and five (5) months.

On or about February 8, 2020, while employed as an LVN at a hospital in New Braunfels Texas, and assigned as a Charge Nurse, LVN failed to follow policy and procedure when a nurse invoked Safe Harbor by not immediately addressing the issue with management. Additionally, management claimed they never received the Safe Harbor paperwork. LVN’s conduct denied appropriate staff information needed to regulate a safe environment and effective delivery of nursing care.

On or about April 10, 2020, while employed as an LVN with a healthcare provider in New Braunfels, Texas, and assigned as a Charge Nurse, LVN failed to document in the medical record of a patient that she increased the patient’s Propofol bolus drip rate. Instead, LVN told the patient’s primary nurse that she had increased the patient’s Propofol. LVN’s conduct resulted in an inaccurate medical record and could have injured the patient in that subsequent care givers would not have complete information on which to base their care decisions

In response, LVN states she immediately changed the assignment of the nurse who made the safe harbor invocation. The nurse indicated she was okay with the change in assignment and so LVN understood the issue to be resolved. Nevertheless, she states she gave a copy of the safe harbor paperwork to his assistant manager. Furthermore, LVN states the physician’s orders were not to infuse at a certain rate, but rather to titrate in order to keep the patient’s sedation at a certain level and, therefore, none of the nurses consistently documented the drip rates or changes thereto. Nevertheless, she informed the patient’s primary nurse of the change in drip rate with the expectation that she would document it in the patient’s medical record, which she did.

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

A case was ultimately filed against her before the Texas Board of Nursing (BON). The said allegation was fatal to the LVN’s capability to perform the essential functions and duties. Sad to say, the nursing defense attorney who handled her case was not able to properly defend her interests and rights before the Board. The Texas Board of Nursing (BON) found her guilty of the offense alleged in the complaint and decided to place her LVN license under disciplinary action.

If you also received a letter from the Texas Board of Nursing regarding a case or complaint filed against you, you should hire a nurse attorney immediately before it’s too late. Texas Nurse Attorney Yong J. An is one of those dedicated nurse attorneys who helped represent more than 300 nurse cases for the past 16 years. You may contact him 24/7 at (832) 428-5679 for more information or if you want to schedule a private consultation.