It would be sooo nice, if all Nursing Boards were part of the Nursing Licensure Compact. See https://www.ncsbn.org/158.htm. Eventually most states and US jurisdictions in my opinion will be part of the Compact. It makes sense.
In my opinion, maybe one, two, or three of the American Nurses Association's concerns with the Nursing Licensure Compact still have merit. The bullet about using the Compact for strike breaking purposes is amusing. See http://www.needlestick.org/gova/concerns.htm
My concern with the Compact and concurrent Board of Nursing investigations in general as a licensure defense attorney, is the due process provided by state law and regulations in the investigations and the "sharing" of information between Compact States and the sharing of information when nurses are being investigated concurrently by more than one Board of Nursing (non-compact and via licensure by endorsement).
In my opinion, nurses are not afforded with enough rights in licensure defense investigations (which vary of course from state to state) and nurses should be afforded more rights:
1. Statute of limitations for the investigation and prosecution of complaints similiar to civil and criminal actions;
2. Right to receive a copy of the complaint and the investigative material in the Nursing Board's possession;
3. Right to request and subpoena documents throughout the investigative process like the Nursing Board, i.e. a process similiar to civil and criminal discovery;
4. Right to appear before a panel of Board members during at the conclusion of the investigative process;
5. A formal mechanism for mediation or settlement of a complaint that involves the sharing and exchange of information and that is not "one-sided" with the Nursing Board holding all if not most of the cards; and/or
6. The creation of a regulatory agency within a State that is separate and distinct from Nursing Boards that investigates complaints and/or conducts hearings or settlement conferences regarding complaints against nurses. This agency could do the same function for all licensed healthcare professionals within a state. There should be a separation of the investigative and adjudicative functions and the power to investigative complaints and decide the outcome should not be afforded to one agency.
Why? The potential for the abuse of power in State Nursing Boards because of little oversight and the lack of checks and balances seen with other government bodies and agencies.
Where are your national and state nurses association's when you need them? Actually instead of ANA and State Nurses Association (called Constituent Members Associations now) continuing to fight about the non-union and union arms of the ANA and the union and non-union arms within a State Nurses Association, tackle the issue of procedural due process in licensure investigations and adjudications. Tackle a substantive issue for the profession and maybe, just maybe, more nurses would join and support the ANA and State Nurses Associations.
Some Nursing Boards will go "kicking and screaming" into the Compact, but will not have a choice because of the growing concern and pressure from nurses, professional associations, and legislators within the state. Joining the Compact requires the relinquishment of "some power."
I practice law in Ohio, Kentucky, and Indiana. Kentucky is a Compact state and this information is available on the Board's website. Indiana and Ohio are not Compact states.
Here is the Ohio Board of Nursing's statement regarding the Nursing Licensure Compact. See http://www.nursing.ohio.gov/PDFS/6.8CompactJan08.pdf. If anyone has a link to the Indiana Board of Nursing position on the Compact, send it to me and I will update this post.
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