Please help. Case for board discipline?

[Dalia99]

Hello all. I wanted to get your opinions on the legality of my issue. Here is the situation (sorry this is kinda long):

I am a psych nurse. Several years ago, I was working on an inpatient unit; I had a pt with whom I had a really good rapport and he was my pt on the unit for several months. It was obvious from the get-go that we had a strong connection, that he was interested in me romantically, but I kept everything professional and did NOT engage in any inappropriate behavior and declined to accept his phone # when he was being discharged. I informed him that it was not allowed nor ethical for me to accept his # and he went on his merry way. To be fully honest, I did have feelings for the man, he's a wonderful, brilliant, witty guy who just happens to have bipolar disorder. Other than that, he's high functioning and completely normal accept for the few times he's gotten sick with his illness. Periodically months later, he would call the nursing station to talk to me to tell me how he was doing---which is a common occurrance from former patients due to the fact we spent such long time with each of them on the unit.

Fast forward a year later and I happened to run into him at a public event. I was, of course, happy to see him and we went and had coffee later to catch up. I impulsviely gave him my phone number and things went from there. Yes, I knew at the time that this was an ethical grey zone, but I felt the way I felt and decided to throw caution to the wind and see where things went. I immediately got a job at a different hospital as it was obvious that the old hospital could have something to say about the situation. I read through the Nurse Practice Act and through multiple forums on this site to see what consequences could be had before things went too far, and came up with no situations similar to my own or any particular laws/rules that stated it could result in a disciplinary action. I was only able to find other states nurse practice acts stating that there was a year to 2 yr waiting period before engaging in a relationship with a former patient. My states nurse practice act does not even address the issue. I understand that having relations with a patient WHILE they are under your care is forbidden and completely unethical and I agree with that sentiment.

Now, said patient and I are very happily married. I understand that this is frowned upon, but we fell in love and decided to go with our hearts.

Now, an old friend from the old hospital where I met said patient, informed me that the hospital found out about the relationship is planning to approach the board of nursing about this. Of course, I am now worried that this could result in me losing my license. However, given all of the research that I was able to find out before I jumped into this, I'm not sure they have much of a case. The fact remain:

1. Nothing inappropriate went on while he was under my care.

2. I no longer work for the hospital where I met him.

3. We are married.

4. There is no case for anyone to say that I "exploited a vulnerable patient" or anything of that nature as this was completely consensual and our relationship began while he was stable and of sound frame of mind.

So, my question to you all, is, have you ever heard of a situation like this before, what were the results, and do you think that the old hospital where I worked would have a case? Please respond with advice if there are any legal ramifications. I understand that many of you will feel that I acted unethically, but I would prefer to not be attacked about this. I believe that I did nothing wrong. Thank you for reading my long post.

[Hygiene Queen]

I think you might need to talk to a lawyer.

[eatmysoxRN, ASN, RN]

We aren't the best option to seek legal advice from. I'd suggest you consult with a lawyer about your case. Congrats on your marriage by the way. Whether it is frowned upon or not, finding love is a great thing.

[nursel56]

Yeah, I think you should too. These people at the link below could at least point you in the right direction. Off the top of my head it doesn't sound like a case, but you don't want to make any missteps to undo later. All the best to you.

The American Association of Nurse Attorneys

[Dalia99]

So far it's just rumored from an old co-worker that the hospital may go to the board with this. It may or may not be true...especially since I haven't worked there for some time. I have yet to receive anything official about the matter. But the rumors alone have me anxious and I wondered if any of you had heard of stories like this before and what the outcome was.

[xoemmylouox, ASN, RN]

I have never heard of anything like this. I doubt many have. You need to get a lawyer ASAP if you have not done so already. I doubt the board would do anything, but you need to be prepared.

[FORTHELOVEOF!!!!]

Contact a lawyer just in case. Every state is different as far as the amount of time that has to lapse before a relationship is ok. I believe my state is 6 months, and if you are having a hard time finding this info there may not be a deep line in the sand set forth by your state. Good luck and congrats on your marriage!

[Dalia99]

This is what the nurse practice act in my state says. Note, it only references a "patient," not former patient. My state does not define a time limit that the relationship could occur. It's written so that I felt comfortable acting on this relationship a full year later but if the board really wanted to push, the lingo is vague:

10.27.19.02

[h=3].02 Ethical Responsibilities.[/h]C. A nurse may not engage in behavior that dishonors the profession whether or not acting in the capacity or identity of a licensed nurse, including, but not limited to:

(10) Using the power, influence, or knowledge, inherent in or obtained during the nurse-patient relationship, for the nurse's personal gratification or benefit.

D. A nurse may not engage in sexual misconduct. Sexual misconduct includes, but is not limited to:

(1) Sexual behavior with a patient in the context of a professional evaluation, treatment, procedure, or service to the patient, regardless of the setting in which the professional service is rendered;

(2) Sexual behavior with a patient under the pretext of diagnostic or therapeutic intent or benefit;

(3) Solicitation of a sexual relationship, whether consensual or nonconsensual, with a patient;

(4) Sexual advances toward, or the request of sexual favors from, a patient;

(5) Discussion of nontherapeutic sexual matters while treating a patient;

(6) Taking photographs of a patient for a sexual purpose;

(7) Sexual harassment of a coworker, student, employer, patient, or patient's family member;

(8) Sexual contact with an incompetent or unconscious patient;

(9) Intentionally exposing any of the nurse's sexual body parts; and

(10) Intentionally exposing any of the patient's sexual body parts for a nontherapeutic purpose.

[Ntheboat2]

He was your patient "several years ago." I wouldn't worry about it and wouldn't waste money on a lawyer yet because there's nothing to defend.

[merlee]

I wouldn't be too concerned about this. You met up long after he was your patient, quite accidentally. I don't think there is anything to this.

Years ago, I knew 2 nurses who married their patients, both became involved while the men were still hospitalized.

Assuming you have malpractice insurance, call your carrier to get someone's take on this.

Best wishes on a long and happy life.

[BlueDevil,DNP, DNP, RN]

I would ignore the gossip. If you ever have formal communication on the matter form the BON, do not NOT respond to it personally. Retain an attorney immediately and let them respond on your behalf. You might want to look into attorneys in your area experienced in handling matters before your BON, so in the unlikely event you do hear from them you have a few numbers to dial and are not left to scramble with "7 days to respond to this notice.." or some such nonsense. That is as far as I would take it at this time.

[NurseDirtyBird]

I wouldn't worry too much about this at all. First of all, since nothing happened while your now-husband was your patient, there's not a shred of evidence for unethical behavior. Neither of you pursued a romantic relationship until a year after your nurse-patient relationship was terminated. That's an adequate amount of time for most boards.

The gossip about your former employer going to the BON about this is most likely just that. Why would your former employer give a crap that you met and eventually married a man who happened to be your patient from several years ago? I'm sure they have real problems to worry about.