Lorie Brown, Nurse Attorney, discusses the Office of the Inspector General Exclusion List. She explains what it is, how it affects your nursing license and your ability to practice with Medicare/Medicaid patients. She also discusses what will get you on the List, tips to stay off the List, and the difference between mandatory and permissive exclusions. For more information read Lorie’s article at: https://yournurseattorney.com/medicaremedicaid-exclusion-list/
Nurses And Adderall
Nurses work crazy shifts and can have trouble sleeping. In addition, we are being bombarded with information and get interrupted approximately every 5 minutes.
It would make sense that a nurse would go to her physician and say, āIām having trouble focusing.ā The physician prescribes Adderall and, at first, itās amazing. You not only find that you suddenly have all this energy and are extremely focused, but youāre also losing weight as an added benefit!
Then nurses start thinking, āOh, how could I have ever gone on without this?ā Make no mistake, Adderall is an amphetamine, a controlled substance and is addictive. Some nursing students even get addicted to Adderall which they use to help them study.
If you participate in a peer assistance or substance abuse program, note that these programs are abstinence-based meaning, you will have to get off of the controlled substance it in order to participate.
It can be difficult for a nurse who has taken Adderall for a long period of time to get off that medication. The nurse may feel like they canāt focus as well and feel like they need it for their job. But, when asked to come off it, some nurses choose Adderall over their license.
In an article published by the Louisiana State Board of Nursing, āThe Epidemic of Controlled Dangerous Substance Abuse,ā āAdderall has been called the most widely abused prescription drug in America.ā For full article, click here.
The Louisiana Board questioned whether nurses and nursing students should be allowed to practice while taking controlled dangerous substances which includes Adderall. The article goes on to state that up to 25% of college students have abused amphetamines.
According to the National Institutes of Mental Health, an estimated 4 to 5% of adults have ADHD and there are non-controlled substances which work for nearly all these patients.
āWe believe that a professional who wishes to take controlled medications should make a choice between the medication and the profession. Professional Licensing Boards in all professions understand that the risk of impairment and damage to the public greatly outweighs any possible individual benefits in specific cases where practice of a profession and concurrent use of controlled medication is at issue. The overwhelming majority of such organizations choose to take the safest course and prohibit use of controlled substance medications or alcohol while practicing a profession. We agree with this policy.ā [Click here to read more]
Therefore, it is a strong warning of the Boards that nurses should not take controlled substances including Adderall. Even if you have a valid prescription and your hospital may view a positive drug screen as a negative, it may come back to haunt you should you ever be called before the Board.
I would like to hear your thoughts on this topic. Please share your comments below.
Is There Disparity Between Medical Boards And Nursing Boards
On December 13, 2017, at Hiram Davis Medical Center in Petersburg, Virginia, a nurse was talking with Dr. Motsumi Moja while they were awaiting an elevator. During the conversation, he put his hand on her shoulder, removed his hand slowly, thus with intent, moving it across her breast. He then asked whether her breasts were real or fake
She was not only shocked, she was devastated!
The nurse reported the incident to the HR department but no response was forthcoming after several days. She was adamant in taking steps to ensure that this doctor would not violate anyone else. She spoke with her director of nursing who assured the nurse that immediate action would be taken and the police were called.
Dr. Moja was charged and found guilty of sexual assault and battery. Then, he was reported to the Board which, during its investigation, learned of similar comments he made to other nurses such as, āIām going to the restroom. Want to come with me?ā When that nurse refused, he reportedly said, āAre you sure? I donāt think I can handle it on my own.ā
He had several inappropriate actions with multiple health care professionals. Now, guess what the Board did? They reprimanded him! That was it! No suspension, no probation, no nothing. And after that proverbial slap on the wrist, if you can believe it, Dr. Moja is appealing the Boardās disciplinary action as well as the criminal conviction. The burden of proof in criminal cases is much higher; beyond a reasonable doubt but in civil matters or administrative matters, it is much lower and only a preponderance of evidence.
When I read about this case, I was stunned and in disbelief.
Should a nurse, in any way, attempt to inappropriately touch a patient or make improper comments, serious action would be levied against that nurseās license. This reaction to Dr. Mojaās offensive and invasive actions is quite disappointing. If anything can be taken away from this, it is that the victim nurse stood up for herself and reported the inappropriate behavior (again, sexual assault and battery).
However, the response from HR and the Virginia Board was wholly lacking though Dr. Moja at least now has the public record of a criminal conviction accompanying his credentials. The public now can know to avoid that physician.
I am disappointed with the Virginia Board for not taking more stiffer action with Dr. Moja. It sends a message that it is ok to be found guilty by a jury for sexual assault and battery, but you can continue to practice unimpeded. I think the man should be evaluated for being a sexual predator. If this were the nursing Board, much more serious action would be taken. If there is any concern for the public, the nursing Boards are very aggressive in their action.
What do you think of this crime and subsequent travesty? Let me know your thoughts below.
Will A Criminal Record Affect My License?
A guest blog by Evan Brown
Nursing boards take public health very seriously. In the interest of protecting public health, most boards take extra precautions to make sure that nurses licensed in their state have a proven track record of delivering excellent care. This includes a critical examination of nursesā personal and professional histories.
Although you may be thinking that whatever happened was outside of work, the boards take the position that you are a nurse 24/7.
In most states, a blemish on oneās license or criminal record will not automatically bar a nurse from licensure of practice. The nursing board instead will conduct an investigation and make a decision in light of the circumstances at the time. In order to conduct an investigation, nursing boards need to be aware that an incident occurred. For this reason, nursing boards across the country have created self-reporting regulations for nurses to bring their criminal and disciplinary histories to the boardās attention.
Every nursing board asks about criminal and disciplinary history in its initial application for licensure and again on renewal. Boards differ in terms of what infractions must be reported. In general, any arrest, misdemeanor, felony, or plea of nolo contendre (an acceptance of the conviction without an admission of guilt) must be reported. Sometimes nurses must even report expunged convictions. Few require nurses to report minor traffic violations. When applying for licensure in a new state, every board also asks about prior and current disciplinary action by another board of nursing on the applicantās license. An affirmative answer to any of these questions will often require the submission of court records and a written explanation of the event.
What about criminal convictions that occur after a nurse has received his or her license? When should these convictions be reported to the board? At minimum, every state board requires nurses to report such incidents when they renew their license. However, most states require self-reporting closer to the time of conviction. These timeframes range from āimmediatelyā to between 10 and 90 days. One state, Arizona, requires notification of an arrest within 10 business days. Only in Massachusetts, Rhode Island, and Virginia is there no duty to self-report. These states often rely on automatic police and court reporting to the board, it is still wise to self-report.
It is always best to self-report as soon as possible, even if the board neither requires a self-report yet nor at all. Doing so demonstrates honesty and initiative, which an appreciative board may take into account when determining a response. Seeking rehabilitation or counseling, performing community service, and other voluntary measures of atonement can also help the board look more favorable on your case.
The Pyxis and Your Nursing License
Lorie Brown, Nurse Attorney, discusses problems that are the result of a Pyxis audit and how to protect your Nursing License. This includes how it may look like a nurse is diverting medications and making sure you are administering and wasting medication properly so you protect your license.