Pdf findings of fact bne state tx us

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BEFORE THE TEXAS BOARD OF NURSING

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In the Matter of Registered Nurse License Number 824504 & Vocational Nurse License Number 207953 issued to KIMBERLY SCARBER

? AGREED ORDER ? ? ? FOR KSTAR PILOT PROGRAM

On this day the Texas Board of Nursing, hereinafter referred to as the Board, considered the matter of KIMBERLY SCARBER, Registered Nurse License Number 824504 and Vocational Nurse License Number 207953, hereinafter referred to as Respondent.

Information received by the Board produced evidence that Respondent may be subject to discipline pursuant to Section 301.452(b)(10)&(13), Texas Occupations Code. Respondent waived notice and hearing and agreed to the entry of this Order approved by Katherine A. Thomas, MN, RN, FAAN, Executive Director, on December 29, 2016.

FINDINGS OF FACT

1. Prior to the institution of Agency proceedings, notice of the matters specified below in these Findings of Fact was served on Respondent and Respondent was given an opportunity to show compliance with all requirements of the law for retention of the license(s).

2. Respondent waived notice and hearing, and agreed to the entry of this Order.

3. Respondent's license to practice as a vocational nurse in the State of Texas is in current status. Respondent's license to practice as a professional nurse in the State of Texas is in current status.

4. Respondent received a Certificate in Vocational Nursing from Shelby College, Center, Texas, on December 9, 2006, and received an Associate Degree in Nursing from Angelina College, Lufkin, Texas, on May 10, 2012. Respondent was licensed to practice vocational nursing in the State of Texas on January 11, 2007, and was licensed to practice professional nursing in the State of Texas on August 7, 2012.

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5. Respondent's nursing employment history includes:

1/2007-Present

Home Health Nurse

8/2013

RN Weekend Supervisor

8/2013-5/2014

Director of Nursing

5/2014-8/2014

Pediatric Case Manager

Helping Hands Nursing Agency Jasper, Texas

Jasper Nursing and Rehabilitation Jasper, Texas

Rayburn/Huntington Healthcare Huntington, Texas

Angelina Home Health Lufkin, Texas

12/2015-3/2016 Registered Nurse

Sabine County Hospital Hemphill, Texas

2/2016-Present

Registered Nurse

DaVinci Staffing Dallas, Texas

9/2016-Present

Registered Nurse

Texas Children's Case Coordinator Unknown

6. At the time of the incident, Respondent was employed as a Registered Nurse with DaVinci Staffing, Dallas, Texas, and had been in that position for seven (7) months.

7. On or about September 18, 2016, while employed as a Registered Nurse with DaVinci Staffing, Dallas, Texas, and on assignment at Lufkin State Supported Living Center, Pollok, Texas, Respondent failed to assess vital signs or communicate with the assigned licenced vocational nurse (LVN) regarding the vital signs of Resident JR, prior to calling the physician, after the resident vomited into his BiPAP face mask. Additionally, Respondent failed to activate emergency medical services (EMS) and instead called the physician for transport orders. Subsequently, the LVN called for non-emergent transport which delayed emergency care, and the resident expired from respiratory failure. Respondent's conduct was likely to injure the resident from clinical care decisions based upon incomplete assessment information, and resulted in a delay in emergency treatment for the resident that was needed to prevent further complications

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8. In response to the incident in Finding of Fact Number Seven (7), Respondent states that she was called to the resident's room and informed that the resident had vomited into his BiPAP mask. Respondent states that she checked the resident's chart and confirmed he was Do-NotResuscitate (DNR) status, then reported to the physician what happened and asked for orders to send the resident to the emergency room, and the physician said "sure." Respondent states that she called another registered nurse to assist, and then went back to the medication room to assist the assigned LVN with the transfer paperwork. Respondent adds that at that time, she heard the LVN on the phone and assumed she was talking to EMS. Respondent states that she was then notified the resident needed oxygen, so she brought it to the room and called the physician again to report the further change, and no new orders were received. Respondent states that when EMS personnel arrived they put a monitor on the resident and it was "flat line."

CONCLUSIONS OF LAW

1. Pursuant to Texas Occupations Code, Sections 301.451-301.555, the Board has jurisdiction over this matter.

2. Notice was served in accordance with law.

3. The evidence received is sufficient to prove violation(s) of 22 TEX. ADMIN. CODE ?217.11(1)(A),(1)(B),(1)(M),(1)(P)&(3)(A) and 22 TEX. ADMIN. CODE ?217.12(1)(A),(1)(B)&(4).

4. The evidence received is sufficient cause pursuant to Section 301.452(b)(10)&(13), Texas Occupations Code, to take disciplinary action against Registered Nurse License Number 824504 and Vocational Nurse License Number 207953, heretofore issued to KIMBERLY SCARBER.

5. Pursuant to Section 301.463(d), Texas Occupations Code, this Agreed Order is a settlement agreement under Rule 408, Texas Rules of Evidence, in civil or criminal litigation.

TERMS OF ORDER

I.

SANCTION AND APPLICABILITY

IT IS THEREFORE AGREED and ORDERED that RESPONDENT SHALL receive

the sanction of WARNING WITH STIPULATIONS in accordance with the terms of this Order.

A. This Order SHALL apply to any and all future licenses issued to Respondent

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to practice nursing in the State of Texas.

B. This Order SHALL be applicable to Respondent's nurse licensure compact privileges, if any, to practice nursing in the State of Texas.

C. Respondent may not work outside the State of Texas in another nurse licensure compact party state without first obtaining the written permission of the Texas Board of Nursing and the Board of Nursing in the nurse licensure compact party state where Respondent wishes to work.

II.

COMPLIANCE WITH LAW

While under the terms of this Order, RESPONDENT agrees to comply in all respects

with the Nursing Practice Act, Texas Occupations Code, ??301.001 et seq., the Rules and

Regulations Relating to Nurse Education, Licensure and Practice, 22 TEX. ADMIN. CODE ??211.1

et seq., and this Order.

III.

KNOWLEDGE, SKILLS, TRAINING, ASSESSMENT AND RESEARCH

(KSTAR) PILOT PROGRAM

IT IS AGREED and ORDERED that RESPONDENT SHALL, within one (1) year

of entry of this Order, successfully complete the Knowledge, Skills, Training, Assessment and

Research (KSTAR) Pilot Program and RESPONDENT SHALL:

(A) Within forty-five (45) days of entry of this Order, apply to and enroll in the KSTAR Pilot Program, including payment of any fees and costs, unless otherwise agreed in writing;

(B) Submit to an individualized assessment designed to evaluate RESPONDENT'S nursing practice competency and to support a targeted remediation plan;

(C) Follow all requirements within the remediation plan, if any;

(D) Successfully complete a Board-approved course in Texas nursing jurisprudence and ethics as part of the KSTAR Pilot Program; and

(E) Provide written documentation of successful completion of the KSTAR Pilot Program to the attention of Monitoring at the Board's office.

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IV.

FURTHER COMPETENCY ISSUES AND VIOLATIONS

IT IS FURTHER AGREED, SHOULD RESPONDENT'S individualized KSTAR

Pilot Program assessment identify further competency issues and violations of the Nursing Practice

Act, including inability to practice nursing safely, further disciplinary action, up to and including

revocation of Respondent's license(s) to practice nursing in the State of Texas, may be taken based

on such results in the assessments.

V.

RESTORATION OF UNENCUMBERED LICENSE(S)

Upon full compliance with the terms of this Order, all encumbrances will be removed

from RESPONDENT'S license(s) to practice nursing in the State of Texas and RESPONDENT may

be eligible for nurse licensure compact privileges, if any.

BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK.

CONTINUED ON NEXT PAGE.

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