Were my patient's rights violated?

Nurses Recovery

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I am an RN and got addicted to opiates. I was taking the opiates from the sharps container in the nurses station. I was using opiates for a little more than a year and I got sick and tired of it because I went into depression and thought about suicide frequently. I finally got the courage to go to my primary care physician to ask for help and advice and disclosed my addiction. He referred me to a drug detox facility in town. I got checked in the very next day. After I got discharged, I enrolled in their Intensive Outpatient Program and planned on starting to go to Narcotics Anonymous.

I had a follow up appointment with my primary care physician again and in that visit, he told me that I have to report my addiction to the State Board and surrender my license, or he will do it himself. Feeling cornered, I did go to the board myself hoping that I can be enrolled in the Board's chemical dependency monitoring program. I have surrendered my license and working towards getting it back.

Did my primary care physician have the right to use the information I told him as a patient and use it to give me an ultimatum to surrender my license to the Board?

Thanks for the responses. A part of me actually WANTS him to be right so I can completely move on. I just feel like until I definitively know the answer, it will always be a sticking point in my recovery.

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Specializes in ICU, LTACH, Internal Medicine.

I'm so sorry but your rights as patient were not violated.

There are only two situations where a doctor (and every other health care professional, as well as a teacher, a firefighter, a social worker and whole row of other professionals) is obliged by law to inform authorities and thus break patient-physician relationship: danger for self (mostly suicidal patients) and danger for others. Both can be assumed, perceived, proposed, believed and so forth, and those potentially dangerous actions might be performed actively or not. The "accuser" will enjoy legal protection under "Good Samaritan" law even if his/her allegations were proved wrong at the end. But if, by any chance, something happen with your patient and somehow a lawyer gets to know that your doctor knew about your addiction and didn't act, then the doctor may lose his licence. He actually did a kind thing to you - he could call Boards and say nothing to you at all.

Sorry to say it all, but that's just the law of this land.

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Specializes in Peds/outpatient FP,derm,allergy/private duty.

NurseJP - in my state he would be obligated to notify the board but since he is the one who set you up in detox it probably would have been better if he had told you of that obligation up front.

I just want to say how much I applaud you for taking that step. I have a family member struggling with recovery from addiction to opiates and I know it's a dog. Surround yourself with support and I wish you well as you continue your recovery. :redpinkhe

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Specializes in Med Surge, Tele, Oncology, Wound Care.

I admire your courage and strength. I wish you the best on your recovery.

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I don't have any legal input at all but wish you the best and lots of courage. As my mother had a bad addiction I know it took a lot to realize you had a problem and get help. Good luck...

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Specializes in Family NP, OB Nursing.

I think admitting you had a problem and seeking help was a very courageous thing to do. I hope you continue on with your recovery and I hope that the BON takes your actions into consideration. Good luck with your recovery.

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Specializes in NICU, ER, OR.

This is *EXACTLY* why I am not seeking addiction help .

did you ever have a valid rx from this doc? or does he just know how you got them?

(not even sure it matters, but it may?)

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Specializes in Med surg, LTC, Administration.
This is *EXACTLY* why I am not seeking addiction help .

did you ever have a valid rx from this doc? or does he just know how you got them?

(not even sure it matters, but it may?)

I responded earlier to a different poster, Susanna. My response was to her and NOT the OP. The OP was stealing drugs from her place of work, and admitted to this, to her doctor. I don't know the legal ramifications of His duty to report or not to report, but I do know, nurses and other professionals who need help, and want help will be reluctant to seek help knowing they will be reported. There has to be better way, when individuals want to stop and are crying out for help, to get help without fear of retaliation, job loss and denigration. A safe place must be created for those seeking help. Our goal as health professionals is to assist in getting people off drug abuse, helping them to stay off and providing the support and kudos to those courageous enough to come forward.

As to your question to original poster, in this case she admitted to stealing drugs, so even if she did have a valid prescription, that point is moot. I hope you seek help for your addiction. You deserve it and your quality of life will improve dramatically. If you have a prescription and have become dependent on the drug, your doctor already knows. He also knows you are working as a nurse and has no problems writing you a prescription. He does not know, you have crossed the boundary to abuse. I know he will help you to get off these medications in this case without report, as you have done nothing wrong, but first he needs to know. Good luck. Peace!

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I responded earlier to a different poster, Susanna. My response was to her and NOT the OP. The OP was stealing drugs from her place of work, and admitted to this, to her doctor. I don't know the legal ramifications of His duty to report or not to report, but I do know, nurses and other professionals who need help, and want help will be reluctant to seek help knowing they will be reported. There has to be better way, when individuals want to stop and are crying out for help, to get help without fear of retaliation, job loss and denigration. A safe place must be created for those seeking help. Our goal as health professionals is to assist in getting people off drug abuse, helping them to stay off and providing the support and kudos to those courageous enough to come forward.

As to your question to original poster, in this case she admitted to stealing drugs, so even if she did have a valid prescription, that point is moot. I hope you seek help for your addiction. You deserve it and your quality of life will improve dramatically. If you have a prescription and have become dependent on the drug, your doctor already knows. He also knows you are working as a nurse and has no problems writing you a prescription. He does not know, you have crossed the boundary to abuse. I know he will help you to get off these medications in this case without report, as you have done nothing wrong, but first he needs to know. Good luck. Peace!

Anybody who knows about my situation thought about the same thing. Being held to a higher standard sucks. There really should be a better way. I asked for help and was honest about it and it came to bite me in the ass.

To any nurse out there who want to get help for their addiction, the best way that I can think of is DON'T TELL THEM YOU'RE A NURSE! If your PCP already knows you're an RN, go to a different MD to have your addiction treated; pay cash if you have to if your insurance doesn't cover it.

I would not wish what I'm went through and going through to anybody. I like being clean these days, but I sure questioned whether the price I paid for sobriety was worth it so many times in the beginning.

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I know the "duty to report" varies from state to state, but once you have entered into a doctor-patient relationship, you should receive the same confidentiality that any other patient would. I think that it is a stretch to say that you posed a direct threat to anyone other than yourself. This is really tricky territory where only those with competent legal counsel should dare to tread! I would consider suing him.

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Specializes in Impaired Nurse Advocate, CRNA, ER,.

The Nurse Practice Act and Medical Practice Act in each state determines what and who is mandated to report to licensing boards. If you aren't sure after reading these acts (you should be able to find them with a Google search), then consult with an administrative law attorney or nurse attorney practicing in your state. (The American Association of Nurse Attorneys can provide the names of nurse attorneys in your state).

Jack

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