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Every practicing RN license holder in the state of Texas is required to follow certain rules and regulations imposed by the government. These laws and statutes were implemented to ensure that the safety of the patients is protected by the state. An LVN who commits any violation can place his LVN License in jeopardy. The Texas Board of Nursing has the authority to revoke or suspend an LVN license in the country for as long as there is a justifiable reason. Failure to hire a Texas nurse attorney could lead to LVN license suspension or revocation.

At the time of the initial incident, he was employed as an LVN at a hospital in Richardson, Texas, and had been in that position for three (3) years and three (3) months.

On or about December 18, 2020, while employed as an LVN at a hospital in Richardson, Texas, and working on the Adolescent Forensic Program Unit, LVN inappropriately placed a patient in physical restraint, when the patient was not a danger to himself or others. During restraint application, staff repeatedly jerked and pulled on the patient’s left arm in a manner that was likely to injure the patient, and staff also pulled and lifted the patient by her shirt and shirt sleeve, exposing her left breast. The patient, who was diagnosed with Intermittent Explosive Disorder and Major Depressive Disorder with Psychotic Feature, resisted being placed in the chair restraint, and struggled for about ten minutes with more than ten staff members, before staff successfully placed her in the restraint chair. LVN also failed to ensure other patients were removed from the area prior to staff attempting to place the patient in restraint, and subsequently three other patients became involved in the physical altercation during restraint application. LVN’s conduct was likely to injure the patient due to inappropriate use of physical restraint, and inappropriate application of physical restraint.

In response, LVN states he implemented a mechanical restraint on the patient based on her previous behaviors, the overall safety of the unit, and safety for the patient herself due to the overall dynamics of the population. LVN reports nursing staff had previously sustained severe injuries and one is subsequently wheelchair bound with altered mental status.

The above actions constitute grounds for disciplinary action in accordance with Section 301.463(b)(10)&(13), Texas Occupations Code, and is a violation of 22 TEX. ADMIN. CODE §217.11(1)(A),(1)(B),(1)(C),(1)(D),(1)(M),(1)(P)&(3)(A) and 22 TEX. ADMIN. CODE §217.12(1)(A),(1)(B),(4),(6)(A)&(6)(C).

The evidence against the LVN was strong. At the same time, he was not able to properly defend his case in court. As a result, his nursing license was placed under disciplinary action.

Avoid the similar thing from happening on your end. Make sure to find the right defense attorney in case a complaint will be filed against you before the Texas Board of Nursing (BON). For more details or for a confidential consultation regarding accusations, it’s best to contact an experienced Texas nurse attorney. 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. You can call him at (832) 428-5679 to get started or to inquire for more information regarding nursing license case defenses.