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Do hospitals have to report RN's fired to the board?

Posted

Since I stated visiting allnurses I've noticed some new grads posting that they were fired from a hospital during or just after orientation.:scrying: I also remember reading that when a hospital fires an RN they must report the name of the nurse and reason for termination to the State Board of Nursing? I've read this several different times since graduation but I can't cite the reference. Does anyone know if this is true????? I hope this isn't true because it seems kinda cruel.

ZASHAGALKA, RN

Specializes in Critical Care. Has 15 years experience.

Each BON is different, with different rules, but generally, I'd have to say: not true.

Generally, hospitals have a requirement to report to the board 'major infractions' of the state's Nurse Practice Acts that cannot be resolved locally, in a 'peer review' committee, comprised primarily of peer nurses. This is true whether an employee is fired, or not.

But, people get fired for many reasons. Employment infractions would not carry the same weight w/ the board as practice infractions (for example, chronic absenteeism is an employment issue whereas intoxication on the job is a practice issue). IF the boards had to evaluate EVERY termination within a state, the boards would be overwhelmed.

In reality, having to tie up resources dealing with the board is more headache then most employers want to deal with: they normally just want the 'termed' employee gone. I think relatively few nurses are 'reported' to the boards by hospitals, probably far fewer then SHOULD be reported.

~faith,

Timothy.

ZASHAGALKA, RN

Specializes in Critical Care. Has 15 years experience.

My state requires all terminations to be reported to the BON.

What state is that? I'd like to look it up in your NPA.

~faith,

Timothy.

hogan4736, BSN, RN

Has 13 years experience.

Since I stated visiting allnurses I've noticed some new grads posting that they were fired from a hospital during or just after orientation.:scrying: I also remember reading that when a hospital fires an RN they must report the name of the nurse and reason for termination to the State Board of Nursing? I've read this several different times since graduation but I can't cite the reference. Does anyone know if this is true????? I hope this isn't true because it seems kinda cruel.

In AZ, employee/employer problems are the #1 reason nursing board complaints are filed...

The AZBON does NOT want these, and they are not required...It severely backlogs them...

Frankly, I can't see any state board requiring these notices, as they are strictly HR issues...

However, as Tim said, if it becomes a matter of pt safety, for example, then the employer has a duty to report...

Thank you all for the replies. It didn't seem fair to the new grads who were fired without benefit of progressive discipline. Good idea to check my state's NPA. Thanks again.

Altra, BSN, RN

Specializes in Emergency & Trauma/Adult ICU.

Agree w/Timothy ... generally speaking, no.

People get fired for all kinds of reasons which are essentially HR issues. For one example, I could get fired for parking in the visitors garage during day shift. My state BON doesn't need to know or care about this.

In the OP's example, a new grad could be terminated for failing to progress as expected, with or without the benefit of progressive "discipline" but this does not necessarily indicate any jeopardization of patient safety, unsafe practice or violation of the state's nurse practice act which would warrant the attention of the BON.

OP: relax, of all the things a new nurse needs to worry about, this is not one of them if you are operating within the scope of your practice.

RunningWithScissors: which state are you in?

Timothy, I am in Missouri.

they send out a newsletter periodically and have a "discipline corner" section. You would not believe the things nurses are losing their licenses over!!! One memorable one, a nurse did not attend to her patients for a certain length of time, not sure if it said how long, due to a code and business of other patients; so some patients got attention but others were "neglected". Makes you wonder who she ticked off in order for the hospital to get her on THAT one!!!

Altra, BSN, RN

Specializes in Emergency & Trauma/Adult ICU.

Timothy, I am in Missouri.

they send out a newsletter periodically and have a "discipline corner" section. You would not believe the things nurses are losing their licenses over!!! One memorable one, a nurse did not attend to her patients for a certain length of time, not sure if it said how long, due to a code and business of other patients; so some patients got attention but others were "neglected". Makes you wonder who she ticked off in order for the hospital to get her on THAT one!!!

My state also publishes a quarterly newsletter which usually contains 10+ pages of license revocations & other disciplinary measures taken by the BON. As a state regulatory agency, the BON's decisions are matters of public record. They are required to make their decisions available to the public. 80+% of the infractions listed are related to substance abuse.

Without knowing anything about the specific case you mentioned, it is apparent that a case of "patient neglect" could become a BON discliplinary matter. This is separate from whether or not a nurse is fired by his/her employer for whatever reason.

I'll check the MO nurse practice act when I have time ... just out of curiousity.

RNforLongTime

Specializes in Med-Surg Nursing.

I was fired from my job this past January. It was not reported to the board of nursing. Believe me, I asked in case I needed to secure Counsel.

I think employers are not required to report every termination. If you do something really bad or you anger the right person, you get reported, I think is probably how it goes. Why not just ask your state Board?

ZASHAGALKA, RN

Specializes in Critical Care. Has 15 years experience.

MO NPA:

http://www.sos.mo.gov/adrules/csr/current/20csr/20c2200-4.pdf

Page9:

(3) Any activity that is construed to be a

cause for disciplinary action according to section

335.066, RSMo shall be deemed

reportable to the board. Nothing in this rule

shall be construed as limiting or prohibiting

any person from reporting a violation of the

Nursing Practice Act directly to the Missouri

State Board of Nursing.

Section 335-066 Denial, revocation, or suspension of li

I cannot see how a hospital in MO could construe the law to create a need to report every termination. There is only a requirement to report those issues that affect practice. 335.066 deals with practice issues.

~faith,

Timothy.

;) Thanks for the replies and for sharing your invaluable knowledge and experience.:balloons:

I know of a situation that a nurse was reported to the board who wasn't even fired, but asked to resign. ....so basically the same thing. This was a substance abuse issue...not on the job. She has already received treatment. Where do people seek an advocate and/or legal help for something like this. You obviously want someone who is experienced with nurses/privacy rights. She has a chance of losing her license now and needs help desperately and quickly. Thanks for any help, I am working with her through a helpine she called, but not sure where to direct her at this point.

canoehead, BSN, RN

Specializes in ER. Has 30 years experience.

In Maine if you are fired or asked to resign they must report it to the board.

ZASHAGALKA, RN

Specializes in Critical Care. Has 15 years experience.

In Maine if you are fired or asked to resign they must report it to the board.

That is not a legal requirement. It does not appear in the MAINE NPA.

Title 32 - 2105-A. Disciplinary actions

Maine specifically lists Disciplinary actions that should be reported. They relate specifically to practice issues and NOT simply employment issues.

I can see how it would be in the interest of a hospital to threaten such action to keep employees in line. And in truth, in ANY state, most people or organizations have limited immunity to report ANYTHING to the board, so long as it is in good faith.

But.

Nothing in the Maine NPA suggests that anything but the practice issues specifically codified in the law, as listed in the link above, are subject to disciplinary action by the state BON.

~faith,

Timothy.

lyceeboo

Specializes in med/surg, ortho, rehab, ltc.

I know of a situation that a nurse was reported to the board who wasn't even fired, but asked to resign. ....so basically the same thing. This was a substance abuse issue...not on the job. She has already received treatment. Where do people seek an advocate and/or legal help for something like this. You obviously want someone who is experienced with nurses/privacy rights. She has a chance of losing her license now and needs help desperately and quickly. Thanks for any help, I am working with her through a helpine she called, but not sure where to direct her at this point.

Check your private messages.

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