Nurses in trouble get second chances - Minnesota

Front page lead story in the Sunday Star Tribune investigates the Disciplinary actions of the Minnesota State Board of Nursing. Minnesota rarely throws nurses out of the profession for unsafe conduct. Records examined by the Star Tribune of more than 1,000 disciplinary actions by the Nursing Board over the past four years show that it tolerates or forgives misconduct that would end nursing careers in other states. Nurses Career Support News

Minnesota State regulators say they protect the public with a closer watch on caregivers accused of misconduct. Those who lost loved ones want them to do more.

Elda Bothun lay unconscious on her bed inside a Bloomington nursing home. She had stopped breathing, but the two nurses assigned to care for her had left the room.

A police officer, summoned by a delayed emergency call, tried resuscitating the elderly woman, with no help from the nurses. Then paramedics took over. It was too late.

At 5:05 a.m., Jan. 19, 2009, Bothun was pronounced dead.

A state investigation found a severe breakdown in Bothun's care just before her death and determined that the failure of nurses Elijah Mokandu and Meaza Abayneh to help her during the apparent heart attack amounted to neglect of a vulnerable adult. Police and the city attorney went further:

They charged the nurses with criminal neglect, a rare step in Minnesota.

The Minnesota Board of Nursing could have taken away the licenses of Mokandu and Abayneh. Instead, it directed them to take training classes and consult with other nurses about how to respond to emergency situations.

The two nurses were allowed to keep practicing...

Over the past 5 months, the Star Tribune has analyzed thousands of records and interviewed 50 people.

The Star Tribune's investigation found:

Quote
  • The board actively licenses more than 230 nurses since 2010 who have records of unsafe practice, including botched care that led to patient harm or even death.
  • Ninety-three nurses are allowed to practice despite having been charged or convicted of crimes such as physical or sexual assault and drug thefts-some against their own patients.
  • The board gives nurses who admit misconduct second, third and sometimes more chances to keep practicing.
  • Getting fired for incompetence, even multiple times, rarely means Minnesota nurses lose their licenses.
  • Minnesota is one of only 10 states where the board has no restrictions on granting licenses to felons, according to a 2012 survey of state nursing boards.

Gov. Mark Dayton called the Star Tribune's findings "shocking," and said the Nursing Board's actions puts patients at risk for harm.

"It would appear the board is more interested in protecting bad nurses than the public," he said. "Where does it come from that their job is to give subpar nurses chance after chance after chance?"

In an interview Friday, Dayton vowed to take "whatever action is necessary" to change how the board views discipline, starting with filling two currently open seats with members who will "understand these problems and insist on a very different approach.

"We'll do whatever is necessary to reconstitute the board, or revise its procedures or give them a very clear statement from both the executive and legislative branch that they need to set a much higher standard and enforce it," he said.

Read the full article here:

Minnesota Board of Nursing tolerates nurse misconduct that would end careers in other states | Star Tribune

Here is a photo of the front page article (2MB)

Nurses, this is a long article, but worth the read.

What do you think about this? Please share your comments and opinions.

Specializes in Certified Med/Surg tele, and other stuff.
Certain individuals were repeatedly "remediated" and STILL were giving incompetent care...I can't condone THAT.

Your situation was VERY unfortunate; but in some of these nurses cases, like I said in my state, they would've had some restrictions the first time; second offense, license suspended.

Some of these cases are awful in terms of the patient falling on their face and their eye displaced. :blink: Or, better yet, the make nurse posing as a female nurse online and helping with suicides has patient assault charges against him overturned before he was caught...the ones who have a pattern of behavior that have no position to be practicing because their are underlying dangerous behaviors.

If there is repeated offenses, then yes, something needs to be done. There seems to be so many "first strike you are out" for nurses compared to other professions. IMO, that is not fair. An example would be a dui. If a nurse is out at dinner with friends and has one too many drinks, and gets pulled over for a dui (I'm not talking hitting people, swerving and killing someone), but has a headlight out or is a bit over the speed limit and would not have been caught otherwise, they should not have their licenses pulled.

Specializes in Peds(PICU, NICU float), PDN, ICU.

I agree that there needs to be a limit to extra chances. If a mistake is made more than once and the nurse doesn't learn their lesson the first time...its not a mistake. But if the nurse makes a med error that harms a pt and then 10 years later has a drink too many and has been reported for both, shouldn't lose his/her license over that. I don't think that makes the nurse incompetent or dangerous. Again, it should be a case by case basis.

I don't think a restricted license does any good unless the nurse has a drug problem and they are restricted for that. I have seen too many job ads say that nurses must have an unrestricted license. How does a nurse find a job that way? I think there are better ways to handle the discipline. Taking food out of someones mouth or their childs (by taking away their ability to work) because of a simple mistake is too harsh.

Specializes in Med Surg.
Those nurses were foreign, blast me all you please, that made a difference

Not all the nurses in the article were foreign.

at what point, however, does the obligation turn to the facility? I've never been hired in a caregiving position (case management, mental health counseling, group homes, nursing SCHOOL) where I haven't had to do a background check. Granted, it won't catch some of this but for felonies and such?

Specializes in Peds(PICU, NICU float), PDN, ICU.
at what point however, does the obligation turn to the facility? I've never been hired in a caregiving position (case management, mental health counseling, group homes, nursing SCHOOL) where I haven't had to do a background check. Granted, it won't catch some of this but for felonies and such?[/quote']

The people who have a clean record always have the potential to be convicted of a crime. The people with convictions have more to lose if they make another mistake. I don't think the facility can control a nurses actions 100%. I would fault the facility for overstaffing, putting nurses on the floor that haven't had proper training, etc. We have the right to refuse an assignment. But these facilities can be dishonest about the situation before we accept the assignment. We also know that if we refuse an unsafe assignment that we can be fired for it. So it puts nurses under pressure to make poor choices to keep food on their table. So with that, I think the facilities could be just as much at fault.

Specializes in Emergency Room.

For real? :banghead: My name is foreign but I can assure you that I was born and raised in the US not that it matters. So we're basing nurses competence based on names now? Gotcha:cautious:

Those nurses were foreign, blast me all you please, that made a difference
Specializes in Med Surg.
My first job in healthcare was in one of those and it was horrible.

And when I say "One of those" I mean specifically one of the facilities mentioned in the article.

Specializes in Med-Surg.
Those nurses were foreign, blast me all you please, that made a difference

Racism has no place in nursing. Not every foreign nurse is incompetent and not every incompetent nurse is foreign. Grow up!

As a Minnesota nurse, I found this article very disturbing. Certainly people can and do change and can re-establish themselves as competent caregivers after making mistakes and very bad decisions. A few observations on the articles. There was no one gender, race, or level of nurse portrayed in the article. There were men and woman, various ethnicities, and both LPNs and RNs. There were also nurses from acute care facilities and long term care facilities. So this isn't about any of that. It is about people doing very bad and sometimes illegal things while practicing nursing. I don't think the punishments were severe enough in some cases and at least by what was presented in the article, some of these individuals should have been criminally prosecuted.

What bothers me the most is the way those of us that are practicing correctly, respectfully, legally, and ethically are included in a group of all nurses in Minnesota.

I have been a LVN for 12 years and when I read this I was shocked all I can say is that those nurses SHOULD have had their license TAKEN away, there is no excuse that I can see, I have worked in long term facilities and psych hospitals. When you have an emergency like that you try everything you can to keep them alive and not just walk away. Have your license is a privilege. I have meet to many nurses in my 13 years that don't care and that makes me sick. I became a nurse to help and take care of people.

Specializes in Nephrology, Cardiology, ER, ICU.

This is a very charged subject. However lets be mindful of what we are posting. While wen courage lively debate we do not allow rudeness or name calling. Thanks...

Specializes in Acute Care.

I read the whole article too. I also watched the video. What disturbs me about this story is that people seem to think that their loved ones are going to live forever. It's not really very clear weather the nurses left the room to do something, like call the family, while paramedics worked on her, or they left knowing she needed assistance from THEM.

Come on. We aren't miracle workers. We can not make people rise from the dead. This precious lady wasn't 20 and healthy, she was OLD and she'd lived a great life from the way it sounds. If she wasn't going to die from a heart attack at her advanced age, exactly what would have been considered a death worth dying?

I don't mean to be cold or callous in any way but...... come on. Babies are born, the old die. That's the natural progression of life. That is what is natural. What would not be "natural", is breaking this woman ribs away from her sternum, breaking her fragile bones, stabbing her with needles, inserting tubes, putting her on a ventilator, so she could rise only to be a shell of her former self... if she rose at all. All of that pain to prevent what is intended.

This seems like a terribly sad and ridiculous way to remember this lady