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You are here: Home / Archives for Employment

A Win For Some Nurses

April 7, 2022 by LORIE A BROWN, R.N., M.N., J.D. Leave a Comment

I do not believe any nurse wakes up in the morning saying to themselves, “I want to do drugs today!”

I consider substance use disorder (SUD) to be a biological condition where the brain has cravings for a particular substance, and nothing will alleviate it except getting that substance into their system.

Unfortunately, a nurse with SUD doesn’t just wake up and say, “I’m not going to do this anymore.”  It usually requires treatment and intervention.

Some nurses suffering from chronic pain subsequently develop a SUD for which the pain can be alleviated only through the narcotic or Suboxone which relieves the craving as well as reduces the pain symptoms.

It is unfortunate that in Indiana the peer assistance monitoring program, Indiana Professional Recovery Program (IPRP), is an abstinence-based program by regulation.  It was a regulation promulgated by the Indiana State Board of Nursing through the rule making process.

The Board has been inflexible with those who are on Suboxone who need monitoring.

An aggrieved nurse brought a complaint to the Department of Justice stating that she had been taking Suboxone and in solid recovery for a year.  However, for her to get off that medication to participate in the monitoring program would be detrimental to her health and well-being.

The Department of Justice agreed and opined that a person with substance use disorder in recovery has a disability and public programs that prevent access, such as the peer assistance monitoring program (IPRP), is a violation of the Americans with Disabilities Act.

I know that throughout the years, nurses on Suboxone had to agree to revocation or suspension of their license until they could get off the medication before being allowed to participate in the program.

It will be interesting to see if the Board will change their rules to allow people who take Suboxone to participate in the program or if they will require monitoring elsewhere.  This is a big win for some nurses who require Suboxone to keep them from abusing narcotics.

This also has additional ramifications for nurses who take Adderall for ADHD or take a controlled substance for epilepsy to prevent seizures or narcolepsy.

I am glad that the Department of Justice does not see this as “a one size fits all” approach and is meeting nurses with their disability where they are and requiring the Board to give them options.

 

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Filed Under: Employment, Newsletter, Workplace Issues

Everything Is Private

November 4, 2021 by LORIE A BROWN, R.N., M.N., J.D. 2 Comments

Can you imagine seeing on social media a picture of a baby that was born with gastroschisis, a congenital disorder where the infant is born with the intestines outside the body?

That is what happened with a photo containing the caption of “My night was going great, then BOOM!”

A neonatal care unit nurse at Jackson Memorial Hospital in Florida decided to post this baby’s photograph and caption on Facebook without the consent of the parents or the hospital.

Clearly, this is a HIPAA violation!

Any healthcare facility employee who violates privacy rules of any patient is subject to disciplinary action which could include suspension or even termination.  And nurse Sierra Samuels was terminated from her position at Jackson Memorial.

As of this writing, Ms. Samuels, who reportedly became a licensed practical nurse in 2015 and obtained her R.N. license 2 years later, still has a free and clear license.  It is unknown what the Florida Board of Nursing will do hereafter.

As nurses, we see many striking things during our care of patients.  But we can never share them with others, especially through social media.  It is important to protect every patient’s right to privacy, no matter how old or young they may be.  As in this case, even if the child’s face had not been shown, people knew where Samuels worked, and her actions could have exposed the child and parents for possible identification.

The protection of a patient’s privacy rights begins with YOU!

For example: you cannot post a photo of a room after a patient is discharged or passes away because if someone knew the room’s occupant was in that hospital, it could lead to the discovery of the patient’s identity.  Another point, any items that are removed from a patient’s body cannot be photographed and disseminated through any means.

It is safest to never photograph or comment on anything and keep your work life private with no discussion, no photographs going outside the health care facility.  Your license is too important to risk.

 

 

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Filed Under: Employment, Newsletter, Workplace Issues

Nurses Required to Participate Against Religious Objections

August 25, 2021 by LORIE A BROWN, R.N., M.N., J.D. 5 Comments

The United States Department of Justice filed a lawsuit against the University of Vermont Medical Center (UVM Medical Center) for forcing their pro-life nurses to participate in abortions.  Even if a nurse expressed a religious objection to assisting in a sterilization or an abortion, the UVM Medical Center still assigned them to the procedures.

However, the Biden Administration then recently withdrew the case and asked that the investigation be terminated.  There was no reason given why this action was suddenly reversed.

Under the law, an employer cannot discriminate against you for your religious beliefs or moral convictions.  If a nurse has such beliefs opposing sterilization procedures or abortions, the employer is required to respect those convictions.

An interesting point is that the Biden administration is in favor of withholding federal funds from healthcare facilities that do not impose the mandatory COVID inoculation requirement.  However, how does that affect religious objections to the inoculations?

There are so many issues facing us today that it is difficult to fully grasp how it all is affecting our world, societies, and healthcare programs.  What are your thoughts on these two issues of federal government interceding on healthcare activities on both the personal and facility levels?

Let me know your thoughts below.

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Filed Under: Employment, Empowerment, License Protection, Self-Care

Do Peer Assistance Programs Support Nursing?

August 4, 2021 by LORIE A BROWN, R.N., M.N., J.D. 2 Comments

In a recent article on MedPage Today the question is asked, “Are peer assistance programs defective and harmful to nurses”? 

The article specifically discussed recent issues regarding the recovery and monitoring program (“RAMP”) in New Jersey.  RAMP discussed how nurses cannot work during the intake process, which can take up to 90 days, after which a decision is made when a nurse can return to work. 

It also discussed how costly RAMP is in that those nurses must pay a monitoring fee as well as for the testing which can range from $250 to $2000 depending on the type of evaluation required such as psychological, neurological or substance use. 

While the program boasts their high success rates, it is very concerning to me that these programs are designed for nurses to keep their licenses, yet their licenses are promptly suspended for 90 days while the evaluation is being conducted. 

In Indiana, nurses are referred to INPRP or ISNAP when there is an irregularity in documentation such as failing to witness waste, sign out or sign the administration of medication.  Fortunately, Indiana does not immediately suspend a nurse’s license unless there is a clear and immediate danger to the public, and such is done only after the nurse is afforded an opportunity to be heard on the matter. 

With protocols such as RAMP, I’m sure it spreads a chilling effect to nurses who may want or need to enter the program.  I don’t believe there is a nurse anywhere who wakes in the morning thinking, “I want to take drugs” or “drink alcohol.”   

Unfortunately, such abuse is a disease.  Nurses need all the help that they can get.  Nursing is stressful and getting even more stressful every day.  We need to support our nurses who fall into addiction by providing them with support in a safe haven so they can continue working if they can safely do so or return to the workforce quickly. 

In addition, if the nurse cannot work, such as with RAMP in New Jersey, it can be financially devastating to them. 

Meanwhile, in Indiana, there is a needs assistance program available to help cover the costs of drug screens and monitoring, but that needs assistance is not guaranteed. 

At a time when nurses are so desperately needed, I am hopeful they will be able to get the help they need in a caring compassionate environment so eventually they are again able to re-enter the workforce in a safe and healthy way.

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Filed Under: Employment, news, Self-Care, Workplace Issues

RADONDA VAUGHT LOSES HER LICENCE

July 29, 2021 by LORIE A BROWN, R.N., M.N., J.D. 21 Comments

As we have been following the story of RaDonda Vaught for some time, we’ve learned that she had her hearing before the Tennessee Board of Nursing.  She made a medication error causing death. 

Ms. Vaught did the right thing by admitting to the error and taking responsibility for it but she also pointed out contributing factors from Vanderbilt such as the computer system linking to the medication cabinet was slow and nurses were told via email to override the safeguards so they could get necessary medications quickly. 

Normally, she would not have done that. However, given the problems with the computer system, this override was frequently done by all nurses.  Therefore, the normal safeguards in place were not utilized by the facility’s nurses due to the computer problem. 

Ms. Vaught’s case accentuates a very serious problem which is just how much we rely on technology.  As nurses, we should never get complacent because technology is an assistance, not a replacement. 

When I was practicing nursing, we did not have any such systems in place.  We had to follow the good old fashioned “5 rights” which were: right patient, right route; right drug; right dose and right time. 

Apparently, Ms. Vaught is currently working at a desk job for HCA Healthcare.  I’m not sure what kind of position it is but she most likely will have to quit because when one’s license is revoked by a state Board of Nursing, that person is reported to the Office of the Inspector General and not allowed to work anyplace that takes care of Medicare or Medicaid patients. 

In another event, this one from 2015, a nurse administered the wrong dose of a medication resulting in patient’s death.  I believe it was a child in home care named Samuel.  The legislature reacted by introducing legislation called Samuel’s law that would automatically revoke a nurse’s license if they over or under medicated a patient.  

The American Association of Nurse Attorneys (TAANA) issued a position statement against that law stating that 1, this law violates due process by failing to give a licensee an opportunity to be heard; and 2, usurps the authority of the Board which is provided powers and duties to hear these types of issues. 

Fortunately, the Samuel’s Law was not passed.  Ms. Vaught did have a hearing and an opportunity to be heard but the Board still chose to revoke her license. 

Previously, the Board had reviewed Ms. Vaught’s matter and decided to take no action.  But once criminal charges were filed, charges were also filed against her nursing license. 

The nursing board is the appropriate venue for these types of issues.  I do not believe that an inadvertent medication error should result in criminal charges. 

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Filed Under: Employment, License Protection, Nursing Education, Workplace Issues

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