BONs not taking action against violations?

NBCSN gives BON guidelines for disciplinary action during COVID 19.

Updated:   Published

I have had two nurses contact me about being reported to the BON from their employers- fully questioned, given statements and did not get legal representation. 

One failed a random drug screen in July 2019, had two stints in rehab and is working with her employer to complete employer random urine tests, AA meetings (Caring for Caregivers) program. She was diagnosed with substance abuse disorder as well.  This nurse told me on July 4, 2021 that the last contact she had from the BON was “to wait for her consent agreement.” Well, the employer program, Caring for Caregivers requested an update on her license as no action has been taken against it. As of September, 2021 this nurse told be there BON “closed the case against her.” Her license remains unencumbered. She did have a board order- which she violated as she continued to drink and failed three(!) employer EtG alcohol urine test- which was documented and also sent to the BON (I have a copy of this letter as she sent it to me, her board order noncompliance and suggestion from her employer program to be monitored by the BON as their drug testing programs can observe drug screens.)

How could the BON abuse their power and determine what to enforce and what not to!? I feel like this could be a huge class action lawsuit. 

I have other stories about recent issues my nursing friends have come to me that had with contact/conflict with the BON and no reprimands for serious infractions. 

Is anyone else seeing this in their states BON choosing what policies to enforce and what not to on certain cases? I’ve seen boards intervene with consent agreements for nurses that mis-documented or mis-delegated.  

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Specializes in Psych, Addictions, SOL (Student of Life).

It would remain to be seen how BON's act should Covid come under some semblance of control and we return to some semblance of normal. Also there is a push to remove marijuana as a schedule 1 which would allow for federal research grant's as well as decriminalization.

As far as a Class Action goes you would have to find a Class Action attorney who is interested. Many of these take years if not decades to settle and participants are usually paid a small fraction of the award. I would be all for a change in the policies as they now stand, but to go back and porifice though every case to see which qualify to be vacated and which don't would be onerous at best. 

Hppy

 

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13 minutes ago, hppygr8ful said:
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I would be all for a change in the policies as they now stand, but to go back and porifice though every case to see which qualify to be vacated and which don't would be onerous at best. 

Hppy

 I agree it could be arduous but as history dictates, it only takes one case. Thank you, Roe V. Wade   

 

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Specializes in ICU.

Is this in the state of Florida?

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No, Ohio. 

 

But suggested by NBCSN which advises and guides all state BONs. 

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Specializes in ICU.

I wonder if it has anything to do with the pandemic

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1 hour ago, LittleRN said:

I wonder if it has anything to do with the pandemic

shouldn’t affect major practice violations that would affect the public like substance abuse diagnosis, diversion of medication or information that would put the public in danger.

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