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An RN’s physical and mental health is very important for them to perform their daily tasks in an appropriate manner. Being physically and mentally healthy can greatly affect how they interact or take care of their patients. However, some RNs tend to neglect this fact and report to work in an unstable condition which jeopardizes their patients and profession. Never forget that RNs can always seek the help of a reliable nurse attorney whenever facing accusations such as lack of fitness to practice work properly. 

At the time of the initial incident, she was employed as a Certified Registered Nurse Anesthetist at a medical facility in Allen, Texas.

On or about August 18, 2020, while employed as a Certified Registered Nurse Anesthetist at a medical facility in Allen, Texas, RN lacked fitness to practice nursing in that she was found lying on the bathroom floor, with the contents of her purse spilled out. A person entered the bathroom and RN awoke, grabbed her purse, and ran out of the bathroom, dropping an unopened vial of Midazolam. RN was later found unconscious in a bathroom with two (2) opened vials of Diprivan and two (2) empty syringes with residual white fluid in them. Furthermore, RN cooperated with a drug screen and stated it may also be positive for alcohol. RN’s condition could have affected her ability to recognize subtle signs, symptoms, or changes in patients’ conditions, and could have affected her ability to make rational, accurate, and appropriate assessments, judgements, and decisions regarding patient care, thereby placing the patients in potential danger.

In response to the above incident, RN states that in August 2020, she had a relapse due to a stressful relationship problem, but that her lack of fitness occurred during her shift, and not when she accepted the initial assignment. 

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),(9),(10)(A)&(10)(C).

As a result, the Texas Board of Nursing decided to place her RN license under 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 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. He is an experienced nurse attorney for various licensing cases for the past 16 years and represented over 300 nurses before the Texas BON. To contact him, please dial (832)-428-5679 for a confidential consultation or for more inquiries.