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In every proceeding before the Texas Board of Nursing (BON), the first thing that you need to remember is to get the assistance of a nurse attorney. At this point, it is important to note that exercising your right to counsel will be beneficial on your part. Keep in mind that even if a legal counsel does not represent you, the proceeding or hearing of your case will continue. When this happens, there is a high probability that you will eventually lose in the case.

At the time of the initial incident, she was employed as an RN at a hospital in Longview, Texas, and had been in that position for eleven (11) months.

On or about July 29, 2018, while employed as an RN at a hospital in Longview, Texas, RN misappropriated one (1) vial of Zofran belonging to the facility and patients thereof. RN’s conduct was likely to defraud the facility and patients thereof of the cost of the medications.

Another incident happened on or about August 16, 2018, while employed as an RN at a hospital in Longview, Texas, RN withdrew two (2) vials of Zofran 4mg from the medication dispensing system for a patient in excess dosage of the physician’s order. RN’s conduct was likely to injure the patient in that the administration of medication in excess dosage of the physicians’ orders could result in the patient suffering from adverse reactions. Additionally, RN’s conduct placed the hospital in violation of Chapter 483 (Dangerous Drugs Act) of the Texas Health and Safety Code.

In response, RN admits she misappropriated the Zofran for personal use due to feeling nauseated while on duty. RN states she found the vial on the counter in the medication room and ingested the medication orally. RN states she was the only nurse on duty with significant experience and the facility was understaffed. RN states no patient harm came from the action, but she acknowledges that it was unacceptable.

The above action constitutes grounds for disciplinary action in accordance with Section 301.452(b)(10), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4),(6)(G),(6)(H),(8),(10)(E)&(11)(B).

Unfortunately, the Texas Board of Nursing found her guilty of her deeds. Her RN license was subjected to disciplinary action. She did not hire a skilled Texas BON attorney to fully defend her 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 BON lawyer 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 150 nurse cases for RNs and LVNs for the past 16 years.