by blue note

Is nursing board protecting patients?
Source

There were at least earlier 10 complaints against a nurse who allegedly stole hospital drugs and fell on a patient, according to documents filed in court. The state nurses board took no action against the employee until the patient died, according to documents.

That accident happened at Delano Regional Medical Center, but that is not the only hospital in Kern County where he worked. Hospital staffers say they complained to the California Board of registered nursing but nothing was done.

“We trusted the hospital, the doctors, the nurses,'' said Ana Moreno. ''I do feel very lied to.''

Moreno and her siblings say that feeling of betrayal comes six years after their father passed away. They say doctors at Delano Regional Medical Center told them Rigoberto Rodriguez died from respiratory complications.

But now the family found court records that say a nurse caring for their father the day he died was under the influence of drugs and fell on him while performing CPR.

17News has discovered that nurse, John Michael Jones, also worked at San Joaquin Community Hospital. Officials say they fired Jones for stealing drugs, reported him to the California Board of Registered Nursing and then two months later he was working at Delano Regional Medical Center.

The hospital staff at Delano Regional Medical Center won't talk about the case, but officials at San Joaquin did.

“What's troubling about this case and many, many cases in this state is that there are many employees in hospitals today, who if you go in they may not show anything on their account on their BRN (Board of Registered Nurses) website, but yet they do have issues. This case is one of those,” Jarrod McNaughton of San Joaquin Community Hospital said.

According to court records, Jones worked at three hospitals before he was hired at Delano Regional. The documents say at least 10 complaints were filed with the California Board of Registered Nursing after Jones was accused of stealing prescription drugs like Morphine and Vicodin from his patients.

Critics say while the Board of Registered Nursing is supposed to protect the public, it can take years for the state to investigate complaints and take action against a nurse's license. And if no action is taken, hospital officials say they'll never know about the complaints.

''There is no way for hospitals or healthcare providers to know whether or not a staff member has any negatively affecting things on their license sometimes for years afterwards,” McNaughton said.

The Board of Registered Nursing could not talk about Jones or his case on Monday, but admits complaints are not available to healthcare officials. The state says hospitals can only find out if a license is active and good-standing.

''Complaints are not public information. But once a complaint has risen to the level of an administrative action needing to take place that information is forwarded to the Attorney General’s Office and there again we are working with another agency that is outside the Consumer of Affairs,'' Heidi Goodman of the state board said.

The state says every complaint is investigated, and if necessary, those complaints are handed over to the Attorney General’s Office. Goodman says the board works with their Division of Investigations and the Attorney General’s Office to review complaints as quickly as possible.

The state board says every registered nurse is fingerprinted and starting this year, nurses must report any criminal charges to the board.

As for Jones, according to court records he pleaded no contest to drug charges six years ago and his license was revoked.

Re: Is nursing board protecting patients?

Nurses may be required to report criminal charges, but how many will? If they chronically get into legal trouble it's not likely they'll say so. Sure, if they get caught at something and it's found that they did not self-report then they can get into bigger trouble. But unless they do, how will the board know?

Wouldn't it make more sense to have the police or court system do the reporting? They do get information on a person's job and could report the nurse.

Re: Is nursing board protecting patients?

Must be sweeps week --- TV report answered question: CA board did work to protect public by revoking license.

The Board of Registered Nursing could not talk about Jones or his case on Monday, but admits complaints are not available to healthcare officials. The state says hospitals can only find out if a license is active and good-standing.

''Complaints are not public information. But once a complaint has risen to the level of an administrative action needing to take place that information is forwarded to the Attorney General’s Office and there again we are working with another agency that is outside the Consumer of Affairs,'' Heidi Goodman of the state board said.

The state says every complaint is investigated, and if necessary, those complaints are handed over to the Attorney General’s Office. Goodman says the board works with their Division of Investigations and the Attorney General’s Office to review complaints as quickly as possible.

The state board says every registered nurse is fingerprinted and starting this year, nurses must report any criminal charges to the board.

As for Jones, according to court records he pleaded no contest to drug charges six years ago and his license was revoked

Innocent until proven guilty still stands in US. Just because someone reports issue to hospital management and later kicked up to BON, an INVESTIGATION still needs to occur which takes time. Since were dealing with clogged state government, with inadequately funded resources in some states (CA is reported to be backlogged due to sheer volume nurses) issues takes time to wind through regulatory process and give practitioners their due process rights. In the end, nurse DID loose their license.

Re: Is nursing board protecting patients?

This is how it is in Missouri.

Is the Board of Nursing's disciplinary action putting the public at risk?


Two years ago I found myself addicted to alcohol and sought professional help. It was difficult to admit, but I did not like how my life was going and was desperate to change it. After initial treatment, and even now, I have been able to grow emotionally and spiritually. I self reported my treatment to the Missouri Board of Nursing and they rewarded my honesty by placing me on probation for 5 years. At the time I thought I had no choice and conformed to the conditions of the probation. My employer fulfilled their part by submitting the form as directed, and there didn't seem to be any problems. Some problems were present on the nursing unit, which wasn't anything I hadn't encountered on other units I have worked over my 25 year career. But, after I was asked what I thought the problems were and responded honestly and with suggestions to these queries, I found my supervisor used this probation as a threat. The supervisor, on more than one occasion, would tell me that they 'had to fill this form out and she could put something on it'. I felt I was asked to compromise my principles upon threat of losing my job. Eventually I was fired 2 days after restating my responses to a survey (which was solicited) to the vice president of nursing. The reasons for discharge was, of course, unrelated to my concerns regarding working conditions.
Since then I have been unable to secure any position, and am excluded from agency jobs due to the probationary terms. I am concerned now with the probationary period of five years after self-reporting my treatment for alcoholism. I was told by the board disciplinary office this is standard protocol for any treatment of addictions. This length of probation (or any probation) for self reporting treatment could be viewed as counter-productive. It seems to me a governing board that is to protect the public would want to take an approach based on positive outcomes. If the Board places self reporting nurses on probation, which limits their chances to be employed, those nurses would not be inclined to self report. Further more, impaired nurses would not be encouraged to seek treatment, therefore continuing to practice while impaired and that would increase the risk of harm to the public. Nursing is a stressful occupation and hospitals are probably the most stressful workplace. Could this be a factor in the continuing nurse shortage? Nurses are the only ones who can answer that. High stress is present and there will be a certain number of nurses who succumb to addictions. How the board approaches this problem could be a positive experience with good outcome, or it could have the opposite affect. I like to think the Board is not only to protect the public, but to assist and protect the nurses, which are also part of the public.

Re: Is nursing board protecting patients?

Originally Posted by Katnip

Nurses may be required to report criminal charges, but how many will? If they chronically get into legal trouble it's not likely they'll say so. Sure, if they get caught at something and it's found that they did not self-report then they can get into bigger trouble. But unless they do, how will the board know?

Wouldn't it make more sense to have the police or court system do the reporting? They do get information on a person's job and could report the nurse.

In my state the board does a background check to confirm what the applicant self-reports. If someone reports a misdemeanor they could still get their license. However, failing to report it is providing false information and a basis for rejecting an application for license.

Re: Is nursing board protecting patients?

Moreno and her siblings say that feeling of betrayal comes six years after their father passed away. They say doctors at Delano Regional Medical Center told them Rigoberto Rodriguez died from respiratory complications.

But now the family found court records that say a nurse caring for their father the day he died was under the influence of drugs and fell on him while performing CPR.

So, the nurse "fell on him while performing CPR"? Their father needed CPR and so they want to blame the nurse for their father's death?

What percentage of people survive CPR? I'll bet said patient must've had some serious health problems.

Re: Is nursing board protecting patients?

How did the family "find" court records?

"FELL ON HIM" come on, from what height? Did the nurse stumble and land momentarily on the patients chest?

Like Firestarter said, how many people survive CPR, in good shape after coding in hsopital? I think I've seen three go home in ten years.

Re: Is nursing board protecting patients?

Originally Posted by FireStarterRN

So, the nurse "fell on him while performing CPR"? Their father needed CPR and so they want to blame the nurse for their father's death?

What percentage of people survive CPR? I'll bet said patient must've had some serious health problems.

yeah, that caught my eye as well.....anything for a buck

Re: Is nursing board protecting patients?

My guess is that the patient did indeed have 'respiratory complications', most likely resulting from years of lifestyle choices. He did, indeed, have a respiratory arrest while hospitalized and, fortunately for the family, a nurse with a history of diverting was on, so they can maybe get a hefty out of court settlement out of the deal.

Re: Is nursing board protecting patients?

Originally Posted by FireStarterRN

My guess is that the patient did indeed have 'respiratory complications', most likely resulting from years of lifestyle choices. He did, indeed, have a respiratory arrest while hospitalized and, fortunately for the family, a nurse with a history of diverting was on, so they can maybe get a hefty out of court settlement out of the deal.

That sounds about right...