Drug abuse has been a signature specialty of a nurse attorney when handling cases for some nurses. However, some nurses tend to forget this fact because they really felt like they should be responsible even if they never intended to commit such an error.
One such incident occurred on or about January 15, 2007, to an RN in San Antonio. During the initial time of the incident, she was employed as an RN in a medical facility in San Antonio and had been in the position for more than one year.
On or about January 15, 2007, while employed as a Licensed Vocational Nurse and participating in the Texas Peer Assistance Program for Nurses (TPAPN), the RN engaged in the intemperate use of Cocaine in that she submitted a specimen for a random drug screen which resulted positive for Cocaine. Possession of Cocaine is prohibited by Chapter 481 of the Texas Health and Safety Code (Controlled Substances Act). The use of Cocaine by a Vocational Nurse, while subject to call or duty, could impair the nurse’s ability to recognize subtle signs, symptoms or changes in the patient’s condition, and could impair the nurse’s ability to make rational, accurate, and appropriate assessments, judgments, and decisions regarding patient care, thereby placing the patient in potential danger.
This issue was filed as a complaint and sent to the Texas Board of Nursing. The Texas Board of Nursing has full jurisdiction in all cases that may affect the status of an RN or LVN’s license in the future. But they advise nurses to attend a hearing first before placing the sentence, which the RN attended for her career’s security.
As a result, the Texas Board of Nursing placed her RN license to disciplinary action. It’s too bad that she failed to hire a nurse attorney for assistance, knowing that she had every reason to defend herself in the first place. Her defense would have gotten better if she actually sought legal consultation from a Texas nurse attorney as well.
So if you’re facing a complaint from the Board, it’s best to seek legal advice first. Texas Nurse Attorney Yong J. An is willing to assist every nurse in need of immediate help for nurse licensing cases. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.