Increase in Board of Nursing Action Against Nurses

A fellow Nurse Attorney, Connie Morrison http://www.camorrison.com/ has the following posted on the front page of her website:

Did you know:
An alarming trend is that the numbers of state board of nursing actions against nurses has been steadily increasing since the 0.2-0.3 percent of all United States registered nurses who were annually disciplined at the turn of the twenty-first century (Benner et al., 2002). At the same time, the numbers of nurses who have had increased responsibility and accountability in their scope of practice have also faced intensified scrutiny by these same boards of nursing. With the national trend of increased litigation, increased malpractice premiums, and increased civil, criminal, and board of nursing action, Continuing Legal Education Programming (CLEP) is vital.

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This is an alarming trend especially considering there is a documented need for more nurses across the country to practice in a variety of settings. Maybe Congress and the state legislatures when considering studies and funding for nursing schools/colleges, centers of nursing, and the lack of nursing faculty should also consider the following: Are we recruiting potential nurses only to have these nurses disciplined at some point in their career by a state Board of Nursing?

This does not even take into account criminal convictions (misdemeanor and/or felony) and the legal headaches faced by nursing students who have criminal convictions and then apply for initial licensure in a particular state. Or licensed nurses who face disciplinary investigations for a criminal conviction (misdemeanor or felony) even if unrelated to nursing practice in some states.

I had a family member of mine inquire about nursing school last week. She has several misdemeanor convictions from several years ago but no felony convictions. I advised her if she does enroll in nursing school and complete her education that depending on the state where she seeks initial RN or LPN licensure, she may need legal representation, counseling, and advising. I don't think she plans to apply now and if she does I will counsel her to seek initial nursing licensure in an appropriate state.

Should a new graduate and newly minted nurses start his/her career on probation with a Board of Nursing (depending on the Board of Nursing, this is akin to being "on criminal probation" or "on criminal parole") or with "action" against his/her license prior to the first day at work?

What a way to welcome new nurses to the practice of professional nursing!

Comments

[LaTonia]

Thank you for your comment Cindy. You have an attorney representing you. I would suggest you ask your attorney these questions.

[Cindy]

I have 2 questions.
First, after completing probation and a license is fully restored, can a nurse move to another state and have a "clean" license with no "prior discipline" placed on the license? Also, why is a nurse unable to become board certified in an area, such as hospice or become certified in oncology, cardiology, etc., if they previously had a license discipline? The applications make you sign that you "have never had a license discipline" before they allow you to take the exam.
Thanks for any information.

[Fletcher]

I recently graduated from nursing school and applied to Florida nursing boards to take the nclex. I have two felonies but thye denied me on my second felony because they came out with a new lawas of july 2009 and i didn't know. I applied august 2009. i tried contacting an attorney but no one returned my call. now i'm trying to look into other states. don't know what to do?

[Sandra]

There seems to be an increase in stories like these, or maybe the information is more readily available.
Out of curiosity what happens in a monitoring program, and if a nurse has a dual licensure ie massage/Rn and action is taken on their massage license by medical board is this information shared with the BON?

[LaTonia]

Krista,

That is wonderful! I am so happy for you and congrats on your recovery. I would suggest that you continue to research employers or join nursing chatrooms, forums, and boards for suggestions/tips from nurses in your area on finding employment, etc.

[Krista]

I am a nurse newly entering the monitoring program in the State Ohio for the next 2 yrs. There will not be any restrictions placed on my license on the job, however, several things I must follow to comply with Board, which is just fine with me. I am currrently unemployed and will be looking for employment soon, as an RN now being "monitored" by the State Board. Are you aware of any websites to help "second chance" nurses in similar situations looking for employment? Or of any on-line/in-person support groups (Greater Cleveland area) with other RN's who have had this same issue?

Thank you for your time!

[latonia]

Thank you for your comment, Colleen. I don't know if you have an attorney, but you should consider retaining or consulting with an Ohio license defense or administrative law attorney about your case. There are a handful of attorneys throughout Ohio who handle these types of cases.

Its sounds as if you are representing yourself and its difficult to be objective when you are representing yourself in State Nursing Board matters.

See www.taana.org and the nurse attorney referral hotline. TAANA is The American Association of Nurse Attorneys website

[Colleen]

I have been monitored by the Ohio Board of Nursing"s Alternative Program since August 2007. I followed each rule imposed to the tee. I have been in Recovery since June of 2007 and call in daily for random urine drug screens. In December of 2008 while gainfully employed, I was informed that my drug screen came back as positive for Darvocet. I adamantly denied this and paid $500.00 for a polygraph exam given by a highly credentialed former detective. I passed the polygraph with flying colors. The Ohio Board of Nursing refused the results of the polygraph exam and placed me in Dicipline mode. I was told that I could request a hearing before the State's Attorney General, but that the Attorney General would ultimately side with the BON. I am now unable to find a job because my license is listed on line as "Probation with restrictions". I know of case law in Summit County where polygraph exams have been allowed, yet the BON refused my results, stating that a positive urine screening is a positive urine screening, no matter what evidence is presented to discredit the results. There are a number of on-line sites citing numerous errors by numerous labs in this country, yet my life is in shambles because a lab was held as 100% reliable. Do you have any advice for me or for others who may be in similar circumstances? Thank you for your time and consideration.

[LaTonia]

Wanda,

Thank you for posting a comment. You should consider contacting a licensure defense attorney in the state where you plan to seek initial licensure to discuss your conviction and your Application for Licensure via Examination.

[wanda h.]

i too have a misdemeanor conviction from 14 yrs ago for possession of marijuana and worry everyday that all of this hard work will not pay off and will be denied license. any suggestions