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Board of Nursing Investigation for System Charting Error

Nurses   (4,210 Views | 61 Replies)

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They said that the board of Pharmacy reported it. 

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TriciaJ has 39 years experience as a RN and specializes in Psych, Corrections, Med-Surg, Ambulatory.

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Yes, I would definitely contact your employer to see what else you can find out.  Namely, why have 15 nurses been reported to the Board?  What did the Board of Pharmacy find that they needed to report?  How is it possible that you did something actionable while having no idea what you did?

I'd definitely question your employers and your coworkers for all the information you can get, and pass on to your lawyer.  By the way, do you have professional liability coverage?  If not, check out NSO.  It won't be in time to help you with this situation, but from now on, you won't want to leave home without it.

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Thank you so much. She did mention that someone else had a wasting issue, and someone gave 2 instead of 1. I don’t know anything about that, nor did I at the time. I don’t know what she plans to ask me. She said it’s a “short” interview. Anyway, when she calls back I plan to tell her I don’t know how I can help and decline to engage in information exchange. Then I will talk to my unit and consult an attorney. 

 

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4 Followers; 37,654 Posts; 102,781 Profile Views

Talk to your facility and consult the attorney now before you engage with this person again.  Don't allow time to waste while "someone is trying to get the upper hand".

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BSNbeDONE has 34 years experience as a ASN, BSN, LPN, RN and specializes in Med/Surg, LTACH, LTC, Home Health.

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14 hours ago, Terry Bow said:

I received an email from the BON compliance officer about wanting me to participate in an investigation. When I spoke with them, they stated it was about a med error for suboxone many months prior that 15 other nurses at the facility made. They stated it was minor and wouldn't result in suspension or loss of license, just disciplinary action at the very most. I told them I was concerned and may seek legal counsel. They continued to state that it was minor and they just wanted to get my take on the situation regarding safe medication administration. They want to schedule a time to interview. Do I accept the interview or consult an attorney? Should I speak to my unit first? Nobody has written me up or informed me of any med error regarding this. I also have not heard of our entire unit being under investigation, either. I have only been a nurse for 3 years and have never had this happen. My state nursing board has a reputation for being notoriously aggressive. What's the best way to proceed? 

When I was a state surveyor investigating complaints, we were required to be as generic as possible when doing our interviews and requesting records so as to not risk saying anything to the interviewees or the facility that would inadvertently identify the plaintiff.

You said the drug in question was suboxone, according to them. Do not be surprised if they mention other drugs or situational “examples” during your interview. You never know what they’re looking for or if YOU are really the one being investigated.

To your knowledge, you’ve never been written up. But when is the last time you requested to see what’s inside your employee file? Or did you even know you had the right to do so? I’m just saying...

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13 Followers; 4,103 Posts; 32,084 Profile Views

Consult with a second lawyer; make sure his/her advice is the same as that of the first.

They may be interviewing additional people (you) from your facility in order to get an idea of whether there is something irregular with the activity of some individual nurse or if the activity in question is indeed a systems issue. However, I would approach this as not caring about any of that and would assume that they are concerned about your activity individually.

If this were "minor" they wouldn't be involved.

I am not sure I would talk to anyone from the facility about this. Here's why: No one there is obligated to give you any accurate details of what is going on, even if they do have knowledge of the situation.

You need to make smart, controlled and unemotional decisions regardless what anyone at the facility could possibly tell you. I would submit that you don't need to know jack about this through the employer or coworkers' views. You need to follow a process which is pretty much the same regardless what any of them could say about the matter.

Make sure you have verified that this is a legit person who has contacted you, for a legit purpose. Then follow lawyer's advice, period.

Record the calls with the compliance officer (BON) if allowed in your state. Do not record if not allowed. If you must, take contemporaneous notes (typing may be faster) so that you know exactly what information to take back to your lawyer.

Edited by JKL33

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beachbabe86 has 20 years experience and specializes in Oceanfront Living.

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11 hours ago, Elaine M said:

Why would the BON want to know what you would do in specific situations? 

The investigator wants to quote the OP either as a nurse who would do as the others did or use the OP as a good example to follow policy.  Good cop/bad cop sort of thing. 

I would NOT speak with them without consulting an attorney who is familiar with Board activities. 

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9 Followers; 3,797 Posts; 28,727 Profile Views

17 hours ago, Terry Bow said:

I contacted an attorney and they said to see what they want first then provide minimal information, then to call them back

Isn’t that the lawyer’s job?

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29 minutes ago, Wuzzie said:

Isn’t that the lawyer’s job?

They may not tell the lawyer.  Plus are you paying the lawyer yet or just consulting?  They don't want to have to do too much before you start paying them.

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I am not paying the lawyer yet. I contacted them to see what to do first and at what point to hire. They said to hire initially to avoid providing information against my favor. 
If the facility is not required to be honest with revealing details, is the board of nursing? The lawyer told me the board has probably already been at the facility and has all the details to prove guilt besides my admission. The attorney said that they are calling to get me to admit guilt. He said their job is to disciple in, especially in my state. 

I left a note for the DON about this but it was through phone from the receptionist (on a Friday evening). I haven’t worked there in over 2 months but am still employed PRN. 

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I don't care how this plays out, if it were me, I would insure once things are done that this employer has my unconditional resignation.  Sure the DON/managers/supervisors don't have to give you details, but they could have done the minimum.  When there was a lawsuit at my employer, they called the affected nurses in and told them essentially "There is a lawsuit.  The company is providing you with representation.  We can not discuss details. You must now speak to and through the attorneys." Relayed to me by one of those involved who would not speak further.  The facility could have told you "There is a BON investigation.  You will be contacted.  We can not discuss details."  It is called "giving a heads up".  You know, like a good employer would do.

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17 Posts; 311 Profile Views

Yes, a notification would’ve been ideal. Because I’m PRN, I’m wondering if I missed it in a meeting or something. I like to think they informed 15 nurses involved! 

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