Drug-related cases have been also 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.
At the time of the initial incident, an RN was employed as a Registered Nurse at a hospital facility in Lubbock, Texas, and had been in that position for six (6) months.
On or about January 31, 2014, through April 5, 2014, while employed as a Registered Nurse, the RN obtained, or attempted to obtain, Hydrocodone through the use of unauthorized and fraudulent prescriptions and using the name and Drug Enforcement Agency (DEA). Subsequently, the RN admitted to calling in the medications into the pharmacy for herself. Furthermore, the RN admitted she was addicted to Hydrocodone. The RN’s conduct was likely to deceive the pharmacy, and possession of Hydrocodone through the use of an unauthorized, fraudulent telephonically communicated prescription is prohibited by Chapter 481 of the Texas Health and Safety Code (Controlled Substances Act).
On or about July 17, 2017, through January 13, 201 8, while participating in the Texas Peer Assistance Program For Nurses’ (TPAPN), the RN forged the signatures of supervisors on various Employer Quarterly Reports, Work Agreement, and Supervisor Daily Sign-In logs. Subsequently, these forms were submitted to TPAPN for compliance purposes. The RN’s conduct was deceptive and denied staff with the Texas Peer Assistant Program for Nurses information needed to ensure compliance with the participation agreement and work requirements.
On or about March 6, 2018, while participating in the Texas Peer Assistance Program For Nurses’ (TPAPN), the RN submitted a specimen that resulted positive for Hydromorphone and Hydrocodone. Subsequently, the RN admitted to taking Hydrocodone. The use of Hydromorphone and Hydrocodone by a Registered Nurse, while subject to call or duty could impair the nurse’s ability to recognize subtle signs, symptoms, or changes in a 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 a patient in potential danger.
On or about March 5, 2019, through March 6, 2019, while employed as a Registered Nurse with Northwest Texas Health System, Amarillo, Texas, and assigned to the Emergency Department (ED), Respondent withdrew Hydrocodone from the Medication Dispensing System for patients without valid physicians’ orders. The RN’s conduct placed the hospital in violation of Chapter 481 (Controlled Substances Act) of the Texas Health and Safety Code.
On or about March 5, 2019, through March 6, 2019, while employed as a Registered Nurse with Northwest Texas Health System, Amarillo, Texas, and assigned to the Emergency Department (ED), Respondent withdrew Hydrocodone for patients, but failed to document, or accurately and completely document, the administration of the medications in the patients’ Medication Administration Record (MAR) and/or Nurse’s Notes. Respondent’s conduct created inaccurate medical records and was likely to injure the patients, in that subsequent caregivers would rely on her documentation to further medicate the patients, which could result in an overdose. Furthermore, the RN’sconduct placed the hospital in violation of Chapter 481 (Controlled Substance Act) of the Texas Health and Safety Code.
On or about March 5, 2019, through March 6, 2019, while employed as a Registered Nurse at a medical facility in Austin, Texas, and assigned to the Emergency Department (ED), the RN withdrew Hydrocodone for patients but failed to follow the facility’s policy and procedure for wastage of the unused portions of the medications. The RN’s conduct left medications unaccounted for, was likely to deceive the hospital pharmacy, and placed the pharmacy in violation of Chapter 481 (Controlled Substance Act) of the Texas Health and Safety Code.
On or about March 5, 2019, through March 6, 2019, while employed as a Registered Nurse, and assigned to the Emergency Department (ED), the RN misappropriated two (2) tablets of Hydrocodone 5-325mg and six (6) tablets of Hydrocodone 7.5-325mg belonging to the facility and patients, thereof, or failed to take precautions to prevent such misappropriation. The RN’s conduct was likely to defraud the facility and patients, thereof, of the cost of the medications.
In response to all the incidents above, the RN states she is actively participating in her own recovery by enrolling in and completing an Intensive Outpatient Program, attending weekly, 12-step meetings, and undergoing regular sessions with a chemical dependency counselor. In response to the incident that happened from July 17, 2017, through January 13, 201 8, the RN denies that she forged the signatures of her supervisors on her TPAPN reports and associated paperwork. And then, in response to March 6, 2018 incident, the RN states the positive specimen was the result of her mistake in taking what she believed to be migraine medication she had received from a friend. The RN states she learned after the fact that the medication contained Hydrocodone.
As a result, the Texas Board of Nursing placed her RN license in 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 Nurse Attorney Yong J. An, please dial (832)-428-5679 for a confidential consultation or for more inquiries.