Jump to content

Board of Nursing Investigation for System Charting Error

Nurses   (9,686 Views | 76 Replies)

Terry Bow has 3 years experience as a BSN, RN.

1,040 Profile Views; 17 Posts

You are reading page 3 of Board of Nursing Investigation for System Charting Error. If you want to start from the beginning Go to First Page.

Terry Bow has 3 years experience as a BSN, RN.

17 Posts; 1,040 Profile Views

The officer gave me an exact name of a patient and the drug involved. I have not had the actual interview yet. I’m consulting an attorney. I did call my facility and leave a message about the situation requesting them to get back with me. I hope that was the right move since it involves other nurses there, too. The board of pharmacy reported it. I don’t know if they make nursing reports aware to facilities. 

Share this post


Link to post
Share on other sites

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

2,468 Posts; 25,151 Profile Views

34 minutes ago, Terry Bow said:

The officer gave me an exact name of a patient and the drug involved. I have not had the actual interview yet. I’m consulting an attorney. I did call my facility and leave a message about the situation requesting them to get back with me. I hope that was the right move since it involves other nurses there, too. The board of pharmacy reported it. I don’t know if they make nursing reports aware to facilities. 

I don’t mean to add to your concerns, but it appears (at this point) that your only source of information is from those that want information from you. I’d treat this whole thing as phishing until I receive supporting information from the facility. And as busy as management is, I wouldn’t wait for a phone call if it bothered me that much. On the next business day, I’d be at HR, with a printout of that email, requesting to speak with Risk Management as soon as the doors opened.

Believe me, if the BON is investigating, HR and Risk Management are very well aware of it. We know you can’t get any answers on the weekend, but I wouldn’t be sitting around waiting on the phone to ring if I had an inkling that others are in the know while I’m being ambushed or blindsided like this.

 Serious situations like what you described should have been sent to your home address in a certified letter with your BON’s official letterhead stationery, I would think. Why wasn’t it? Points to consider...

Share this post


Link to post
Share on other sites

Terry Bow has 3 years experience as a BSN, RN.

17 Posts; 1,040 Profile Views

Because of COVID, I don’t know if mail is slow but I called the board itself to verify authenticity and they directed me to email communications for further communication. That attorney said the email was legit. 
The email says it’s confidential. Does that mean I cannot share it with my employer? 

Share this post


Link to post
Share on other sites

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

16 Followers; 3,904 Posts; 42,690 Profile Views

43 minutes ago, Terry Bow said:

Because of COVID, I don’t know if mail is slow but I called the board itself to verify authenticity and they directed me to email communications for further communication. That attorney said the email was legit. 
The email says it’s confidential. Does that mean I cannot share it with my employer? 

I think at this point I wouldn't share anything with anyone except your attorney.  No one else seems to be real forthcoming.  How nerve-wracking! 

Share this post


Link to post
Share on other sites

Rose_Queen has 15 years experience as a BSN, MSN, RN and specializes in OR, education.

12 Followers; 4 Articles; 9,574 Posts; 111,572 Profile Views

This is all being communicated to you over email? That raises a red flag for me. If a BON is doing an investigation, a certified letter is much more common. I would take a look at the actual email address that sent the email, not just the name. Something just doesn't seem right.

Share this post


Link to post
Share on other sites

beachbabe86 has 20 years experience and specializes in Oceanfront Living.

1 Follower; 118 Posts; 443 Profile Views

12 hours ago, BSNbeDONE said:

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.

Yes!  Absolutely.  There are several questionable occurrences in this scenario.

Share this post


Link to post
Share on other sites

beachbabe86 has 20 years experience and specializes in Oceanfront Living.

1 Follower; 118 Posts; 443 Profile Views

52 minutes ago, Rose_Queen said:

This is all being communicated to you over email? That raises a red flag for me. If a BON is doing an investigation, a certified letter is much more common. I would take a look at the actual email address that sent the email, not just the name. Something just doesn't seem right.

Totally agree. A certified mail is required for proof of service for the attorneys.  Standard procedure at every single board meeting.

Share this post


Link to post
Share on other sites

354 Posts; 5,490 Profile Views

Unfortunately, there’s nothing good that can come out of an “interview” for you & lots of bad things could happen.  

Most states notify & can require your participation just by sending a mailed letter to the address on file for your BON.  When the letter comes, you hire the attorney & the attorney can usually determine what the complaint is about before the interview.  There’s often a legally-required list of questions that you’re required to answer before the interview & you should be filling that out with your attorney’s advice.  Lots of pitfalls there.  A literal minefield.  

Further, many investigations involve multiple agencies that each try to do investigations themselves and they can and do use pieces of your statements to other agencies to build a case against you.  Many states have an agency that represents older or “vulnerable” adults, an attorney general, and various departments like CMS that are all effectively “law enforcement” and have the ability to bury you professionally.  

In the investigation that I was subjected to, my first notification of a complaint was from that agency that was charged with protecting the “vulnerable” adults in my state, requesting a statement right then, over the phone.  That conversation was very friendly and low-key, and I simply refused to make any statement without an attorney’s advice.  That was followed by a letter from the board, with a list of questions that I was required to answer and swear to.  When my response (with the attorney’s help) was sent, the BON and this other agency were conducting parallel investigations, and sharing information.  

Fast-forward (or more like slow-forward) seven months - and a few days before my in-person meeting with my attorney and the board’s investigator, additional details were revealed to my attorney.  It turned out that the complainant in my case was a serial complainer who had made several unfounded accusations before mine, and a couple more complaints after.  He bragged about getting me fired and threatened an aide with getting her fired too if she complained about his sexual assault.  

Even after the investigation by the BON was completed and found to be unsubstantiated, the agency that was charged with protecting vulnerable adults closed their investigation with the statement that the allegations were neither “founded nor unfounded” - without ever talking with me.  

Further, my attorney explained that nothing in either investigation precluded the attorney general from filing a criminal complaint anywhere in the process - and using any data or statements gathered from any source against me.  

The entire process is incredibly prejudiced against the nurse.  Yeah, you have a right to remain silent as an American, but you lose that right if you want to remain a nurse.  You have a right to confront your accuser, unless they’re “vulnerable”..  My accuser was the polar opposite of “vulnerable”, but the definition of vulnerable under the law isn’t  the same as any sane person would give.  

TLDR:   No statements at all without the advice of an attorney.  

Share this post


Link to post
Share on other sites

beachbabe86 has 20 years experience and specializes in Oceanfront Living.

1 Follower; 118 Posts; 443 Profile Views

7 minutes ago, rzyzzy said:

Many states have an agency that represents older or “vulnerable” adults, an attorney general, and various departments like CMS that are all effectively “law enforcement” and have the ability to bury you professionally.  

Truth

Share this post


Link to post
Share on other sites

Terry Bow has 3 years experience as a BSN, RN.

17 Posts; 1,040 Profile Views

The officer disclosed to me what this is about- a need error regarding Suboxone- that 15 nurses on my unit were part of. She stated she thought it was systematic error that “could” result in disciplinary action of “minor” sort, which I still do not want. 

I do not have an official attorney yet and am scheduled to talk tomorrow. What should I do? 

Share this post


Link to post
Share on other sites

1 Follower; 2,419 Posts; 49,300 Profile Views

17 minutes ago, Terry Bow said:

[...]

I do not have an official attorney yet and am scheduled to talk tomorrow. What should I do

You should have retained an attorney when you first received notice.  If it were me, I would call the attorney you referred to previously first thing tomorrow morning, and see if he or she will represent you.  If so, hopefully he or she can accompany you to the board.  If not, ask for advice on how to best answer any questions you are asked, and be very careful when you do answer.

Best wishes.

Share this post


Link to post
Share on other sites

14 Followers; 4,220 Posts; 32,828 Profile Views

27 minutes ago, Terry Bow said:

I do not have an official attorney yet and am scheduled to talk tomorrow. What should I do? 

Probably best for us to not make a bunch of guesses about what your next move with the BON should be.

Contact the first attorney pronto in the a.m. if possible. Make sure s/he has all the information you have--even what you have shared here seems like enough for an attorney to advise you: There's been a med error involving a controlled substance and at least 15 people. You did not make "X" error, but the board rep did not clarify whether you may have done some other thing. There may be "minor" disciplinary actions involved. The BON rep stated they would like to know what you would do in "Y" [unknown] scenario.

An attorney who has experience dealing with your BON should be able to advise you exactly what your obligations are.

Edited by JKL33

Share this post


Link to post
Share on other sites
×

This site uses cookies. By using this site, you consent to the placement of these cookies. Read our Privacy, Cookies, and Terms of Service Policies to learn more.