It is unusual for a matter before the Nursing Board to find its way into the court system primarily because of the cost. Recently, in Pennsylvania, one case did exactly that and wound up in court brought by an LPN.
In this particular case an LPN was charged on July 16, 2014 with 3 counts of drug related offenses and a count of disorderly conduct. To the charge of disorderly conduct, she entered a nolo contendere plea where a guilty plea is entered but the Defendant does not admit to the crime. She pled nolle prossed to the other 3 charges which means they were dismissed.
The LPN denied engaging in these types of behaviors but the Board believed the court documents and suspended her license for a period of 6 months. The National Council State Board of Nursing for the years 1996 through 2006, collected information showing 126,130 (more nurses than tin the entire state of Indiana!) actions were taken against nurses. 13% consisted of suspension and 7% consisted of revocation. Suspension is the second most common taken action. Probation was the most common Board action taken.
But what is interesting about this particular case is that the Board based the suspension on the conviction of a crime of moral turpitude which is an active behavior that gravely violates the sentiment of accepted standard of the community. However, the Court of Appeals stated that it was not a crime of moral turpitude and disagreed with the Board’s interpretation.
In my limited experience with these types of appeals before a court, this is a great result! I would love to see more people question the Board and appeal their actions to a regular court so that the Board can stay in check. Unfortunately, these kinds of matters are very expensive to pursue. The Boards have unbridled authority to do what they wish … and this needs to stop! This was an LPN who appealed the decision and I am so glad that the court agreed with her.
What are your thoughts? Let us know in the comments below.
Nurse Undone says
When they do not fight it , it makes me think they are guilty in some ways. A board comes along and says, you are not fit to practice nursing and you know you are , needs to be challenged! I know it is expensive , and nurses generally do not know the law enough to do their own cases. Get creative , by not doing anything, they win. I try to get others who I attended their first hearings to appeal and they are just so drained. They don’t have the energy. They want to ‘get on with their lives ” . But they never can , because something always comes back and reminds them . Even had one who attained retirement age she could sign up for Soc Sec , and they took her student loan out of that , but she cannot use the license ! It just keeps following you , and they will keep abusing their power until you fight back ! Kudos to this nurse !! (HIGH FIVE !)
Juanita says
My ethical question: Is a nurse obligated to tell a hospital discharge planner that a facility is unsafe and has lost their license if the patient is scheduled to be sent to that facility on discharge from the hospital?
LORIE A BROWN, R.N., M.N., J.D. says
Thanks for your question. I am not sure it is an ethical issue but one a being a patient advocate. Would you want your patient to go to an unsafe facility? I suspect not so you would let someone know.
JUSTICE4all says
A NP wrote and is discouraged from filing because of the statement “The Boards have unbridled authority to do what they wish ”
I know the Boards abuse their power, but they must first have a complaint , from a outside source not on their own motion. then second a NPA violation must have occurred. then follow the statues of those laws . Of course we know they do not and are guilty of abuse of discretion as well, but if someone were to take them to court , a judge has to decide if they are following their mandate , and if they are following the statues, rules and procedures. Just as this case here , the court held that the Board was in the wrong, although the boards will try anything, even knowing it is wrong, it takes a nurse to file and say hey you need to explain your side here . thanks for keeping us up to date. we do need legislation to curb this activity by boards. thanks.
Patricia says
I had an attorney in Indiana to “protect” my constitutional rights. I quickly found out I wasted my money, as the BON does not care about the constitution. If you don’t do what they want they’ll just suspend, or take your licence.
The BON needs to be checked on. I’m very glad the LPN took it to court. I didn’t know that was an option.