A nurse who had served 6 years in a federal prison for downloading sexually explicit images and videos of minors was rehired by a small Montana hospital. The nurse’s downloading of the exploitive imageries had been going on for 9 years when federal investigators traced her activities in 2008. Prior to her conviction, she was a casual status employee who picked up other nurse’s shifts at the facility but, after serving time, the hospital board rehired her as a nurse. When she was in prison, her license was placed on suspension. Once the nurse was released from prison, the Montana Board of Nursing felt she was safe to practice and she was able to renew her license. Would you want someone with a conviction of child pornography taking care of you, your child or a family member?
Certainly, her illicit activities did not interfere with her ability to practice nursing but it does bring up a question that is the target of my writing here: should a nurse be allowed to practice after he/she has been convicted of a criminal matter?
What about a person with drinking problems who chose to get behind the wheel of a car, crashed into another vehicle and killed the occupants? The person was imprisoned for manslaughter and decided after their prison sentence that they wanted to be a nurse after being rehabilitated and serving their time. Should a person who has committed manslaughter be allowed to be a nurse?
These are the types of ethical issue that boards across the country deal with every day, I certainly do not have any answers. While I do believe that everyone deserves a second chance, each situation is unique.
The more direct issue here is whether that person is safe to practice as a nurse. With the growing nursing shortage, hospitals are dealing with difficult questions and issues such as these. Should the Nursing Board give the nurse a license and let the employer determine if they should be hired? I would not be surprised to learn that all of my readers have a different opinion on them as well.
Like many areas in nursing, this is just one of those matters in which there may not be uniformity on how to approach such problems. However, I do believe we need to get a consensus on these kinds of issues to unite as a profession.
I’m hesitant to ask but, nevertheless, I will … what are your thoughts about these difficult ethical issues? Please leave a comment below.
Marie Alden says
I honestly think these issues need to be looked at individually. We all have a past, and the majority deserve a second chance. I think the board Ned’s to know the whole story, and this nurse be counseled and watched carefully.
Wendie Howland MN RN-BC CRRN CCM CNLCP LNCC says
Of course clinical competence and criminal behavior are often independent variables. A world-class clinician may have a predilection for video content showing abhorrent acts. You may want the clinician to treat you because you need that level of clinical expertise and you don’t care what s/he does in private time.
However, at some point, society eventually comes to a point where abhorrence trumps perceived positive value, because a credible threat of loss of prestige and liberty to pursue one’s chosen professional path has to be brought to bear to disincentivize the bad acts. It’s the only stick that matters to the bad actor, real fear of real consequences, not just prison but loss of esteem and reputation, and thus, livelihood.
Given a choice between hiring somebody who made a series of bad choices and someone who didn’t, all else being equal, a discerning organization’s HR has the right to take the one with clean hands. I hope they do.
Nurse Undone says
I personally know a school nurse who was accused of “inappropriate touch ” with a male high school student. She was sentenced to 11 years in prison, 2 years probation , she is a registered sex offender for life. Lost her 5 year old daughter , and will never have children or grand children.
The male, told his G F ‘nothing happened” his mother and the boy made up a story to sue the school system . The older brother told the state attorney’s office he heard them , the mother told accuser “Stick to your story you’ll be a rich kid ” 1 year later the boy and his mother moved out of state the boy got a 15 year old pregnant (is not for this state, he would have went to prison) the mother was arrested for stalking her BF and she lost her daughter . Very sad situation. he said she said
Jeff says
The question is answered by the criminal justice system, as it seeks to discipline and rehabilitate if possible. The rebound or bounceback, must come from the offender in the form of ‘prove it’ actions demonstrating competency again. If everyone who did something wrong was never allowed to work in their priority capacity, society would have collapsed multiple times onto itself. “Nursing is different though.” Not really. Taking nurses out who make personal life mistakes is a very, very, bad idea. Lets move on, move forward, learn and put it in the rearview.
Scott says
From my experience, if the crime has available resources for the nurse to be rehabilitated, then yes they should be allowed. Everyone deserves a second chance. But there still needs to be a standard Set of what that nurse must do to be considered “rehabilitated.” No sin is greater than another, and we all have our vices, but are the boards willing to set a standard of rehabilitation for every crime? My guess is probably not. In the case of the drunk driver and child pornography, I believe they’d both have to display a very good record of attempts to improve themselves. And even then I’m not sure I’d let the CP case into a peds unit ever again. Maybe this is a restriction that should be set by the businesses rather than the board. I do know it is difficult to get a job with a felony in general, supposedly a business “insurance” issue. Definitely good questions to ponder and consider for the future.
LORIE A BROWN, R.N., M.N., J.D. says
Thanks for your comment. Yes it is hard to get a job with a criminal history. There are certain crimes in Indiana that a nurse will not be allowed to work in a nursing home Indiana Code 16-27-2-3 provides that an owner or operator may not operate a home health care agency if the person has been convicted of rape, criminal deviate conduct, failure to report battery, neglect, exploitation of an endangered adult or theft.
Nor is a home health agency allowed to employ a person sent to provide services in a patient’s or client’s temporary or permanent residence if that person’s criminal background check shows that the person has been convicted of the any of the same actions listed in the previous paragraph. Those regulations can be found at Indiana Code 16-27-1.
According to Indiana Code 16-28-13-3:
“(a) A health care facility or an entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility may not knowingly employ a person as a nurse aide or other unlicensed employee if one (1) or more of the following conditions exist:
(1) The person has been convicted of any of the following:
(A) A sex crime.
(B) Exploitation of an endangered adult.
(C) Failure to report battery, neglect, or exploitation of an endangered adult.
(D) Theft, if the person’s conviction for theft occurred less than five (5) years before the individual’s employment application date.
(E) Murder.
(F) Voluntary manslaughter.
(G) Involuntary manslaughter within the previous five (5) years.
(H) Felony battery within the previous five (5) years.
(I) A felony offense relating to controlled substances within the previous five (5) years.
(2) The person:
(A) has abused, neglected, or mistreated a patient or misappropriated a patient’s property; and
(B) had a finding entered into the state nurse aide registry.
(b) A person who knowingly or intentionally applies for a job as a nurse aide or other unlicensed employee at:
(1) a health care facility; or
(2) an entity in the business of contracting to provide nurse aides or other unlicensed employees for a health care facility.”
LORIE A BROWN, R.N., M.N., J.D. says
Thanks for your comment. I believe in second chances too.
LORIE A BROWN, R.N., M.N., J.D. says
Very well said. Thanks for your comments.