Help stop unfair hiring practices for stipulated nurses in Texas

Published

Hello,

I am a board ordered nurse in Texas and am having trouble finding employment because I have stipulations on my license. this despite the fact that I CAN PASS NARCOTICS AND HAVE NEVER HAD A POSITIVE DRUG OR ALCOHOL TEST while on stipulations.

I have created a petition asking the Texas State Legislature to stop hospitals and nursing homes from screening out applicants who have stipulations, not hiring because of stipulations, and other unfair practices and discrimination.

Please go to the website Change.org and sign my petition. I find it ridiculous that the board will keep me on stipulations if I don't work, yet the facilities find a currently legal way to keep me from getting a job. I know I am not alone, since many of you out there are in the same boat.

Please be respectful, any negative opinions that respond to this post will be ignored and deleted if possible. So if you want to be judgmental about something you know zero about, then please save your breath as you will be wasting your time. You don't know what it is like until it happens to you.

Thank you in advance for your help!!!!

Remember if we can come together and make this a reality, then we can use it as a stepping stone to get this done nationally.

God Bless You all!!!!

William Delfs

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

Ok I am going out on a limb here because I fail to see what's unfair about a facility choosing not to hire a nurse with stipulations on their license? I too have been there done that so don't tell me I don't know what it's like. I do and I sympathize. However unless we have suddenly become socialist country hospitals and health care facilities are privately or corporately owned businesses and have the right to hire or not hire anyone they want. While some may argue that addiction is a recognized disability current employment law states that person's with disabilities must be able to function at all aspects of the job with "Reasonable" accommodations. What is reasonable is left to the employer to decide. Each case when brought before the court is decided on it's own merits. What stipulations are we talking about? If not passing meds or carrying narc keys what are we talking about. In California when I was approved to look for a job It was no med, No narcs, not nights, no overtime and no weekends. Try getting hired with that! I ended up working at the hospital where I had received treatment and they worked with me every step of the way. Although I have been sober over 10 years and have an unencumbered license there are still hospitals who were connected to the hospital where I got caught that won't hire me to this day. One really wanted to but Risk Management vetoed the hire. With the absolute glut of new grads with no restrictions or stipulations why would a hospital hire someone who for whatever reason can't perform the essential functions of the job. My advice is to look to your peers in recovery and find out where they are working and apply there. The last place I would have ever thought to work was psych but it became a very supportive home for me and opened many career doors I would have never thought to knock on. I cannot waste energy on things I cannot change. Part of the disease of addiction is focusing on how unfair life is. We must humbly accept life on life's terms not as we would have it.

Hppy

Seems like a few of the comments are from people who do not follow evidence based medicine- while I might expect that from a CNA, I am always shocked when an advance degree healthcare person voice opposition to what has been shown to be the best for the person who was ill and is in recovery.

I am lucky to live in a state where you do not have to disclose until you are hired as a person not currently using drugs/ETOH is protected by the ADA. The employer needs to make reasonable accommodation for someone with a disability.

I can say with all certainty that having employment was paramount to my recovery- we should be practicing to that model of optimal health, not a punitive system that will forever trap someone because of "choices".

Specializes in hospice.
Seems like a few of the comments are from people who do not follow evidence based medicine- while I might expect that from a CNA,

Oh that's cute. You know that your condescension reflects on you and your abilities, not on me right?

I'll be a nurse in six months. And my opinion will be the same. And you'll still be the person who puts others down for being below you on the ladder by a couple rungs.

Specializes in PDN; Burn; Phone triage.
Oh that's cute. You know that your condescension reflects on you and your abilities, not on me right?

I'll be a nurse in six months. And my opinion will be the same. And you'll still be the person who puts others down for being below you on the ladder by a couple rungs.

I am curious as to what your history with addiction is. You have that sort of judgmental anger that makes me assume you have/had a loved one who was an addict. The other poster took a crude swipe at your credentials but I have seen you occasionally reply to posts in this forum with an equally condescending attitude toward addict posters.

Specializes in 15 years in ICU, 22 years in PACU.
Seems like a few of the comments are from people who do not follow evidence based medicine- while I might expect that from a CNA, I am always shocked when an advance degree healthcare person voice opposition to what has been shown to be the best for the person who was ill and is in recovery.

I am lucky to live in a state where you do not have to disclose until you are hired as a person not currently using drugs/ETOH is protected by the ADA. The employer needs to make reasonable accommodation for someone with a disability.

I can say with all certainty that having employment was paramount to my recovery- we should be practicing to that model of optimal health, not a punitive system that will forever trap someone because of "choices".

My understanding is the BoN places stipulations on a nurse's license to ensure the safety of the public not to aid an ill person in recovery.

An employer chooses to hire a person based on the needs of the employer not the needs of a disabled individual. Seriously? You can withhold a disability that will require accommodation from a potential employer?

Specializes in Psych, Addictions, SOL (Student of Life).
Seems like a few of the comments are from people who do not follow evidence based medicine- while I might expect that from a CNA, I am always shocked when an advance degree healthcare person voice opposition to what has been shown to be the best for the person who was ill and is in recovery.

I am lucky to live in a state where you do not have to disclose until you are hired as a person not currently using drugs/ETOH is protected by the ADA. The employer needs to make reasonable accommodation for someone with a disability.

I can say with all certainty that having employment was paramount to my recovery- we should be practicing to that model of optimal health, not a punitive system that will forever trap someone because of "choices".

Please cite what evidence based practice you are referring to. I have looked high a low and there are very few scholarly articles on what is best practice for returning a medical professional with a history of addiction to the work force. The ADA recognizes Active addiction as a disabilty not being in recovery. The only real evidence for the best way to get and stay sober is statistics compiled anecdotaly and annoymously through Tweleve step oragnaizations. Less that 15 % of all addicts and alcoholic seek sobriety and among those 90% will relapse within the next 5 years. I was functional addict and alcoholic for 30 years and only bty the grace of my Higher Power am I sober today. One must let go of self indulgent and arrogant behavior and accept with humility that their life is out of control on drugs/alcohol and they enter into a form of self repeating insanity until they let not only the DOC go but also all the maladaptive behaviors that made them think their behavior was ok in the first place.

California has one of the most punitive sytems for nurses in recovery. I jumped through evey hoop like a good little pony and in the process came to love my life as a sober person I am alive today because someone had to yank the choke chain of reality and put me on the right path.

And for what it's worth and I don't know Red Kriptonite from Adam I think much of what he/she says is often right on the money. I find that when someone responds to a post of mine in a way I don't like and it's clear they have a valid point - It makes me angry and uncomfortable because I have to readjust my thought process. If I can just dismiss them as a nut it's no skin off my nose.

Hppy

Specializes in PDN; Burn; Phone triage.
Please cite what evidence based practice you are referring to. I have looked high a low and there are very few scholarly articles on what is best practice for returning a medical professional with a history of addiction to the work force. The ADA recognizes Active addiction as a disabilty not being in recovery. The only real evidence for the best way to get and stay sober is statistics compiled anecdotaly and annoymously through Tweleve step oragnaizations.

No, the ADA does not cover active addiction. "An employer may not discriminate against a person who has a history of drug addiction but who is not currently using drugs and who has been rehabilitated." Chapter 4

This manual I found entitled Substance Abuse Disorder in Nursing cites quite a few sources/studies on effectiveness of nurse monitoring programs at the end of each chapter. https://www.ncsbn.org/SUDN_11.pdf

It also states that 80%-90% of nurses who complete a monitoring program achieve long-term sobriety.

There have been several studies over the years that are not "statistics compiled anecdotaly and annoymously through Tweleve step oragnaizations" in an attempt to establish EBP for treating addiction. How you read the data tends to make tempers on both sides of the AA/non-AA aisle flare. I once had a link to an article that gave a nuanced, very balanced overview of how data from the major studies could be interpreted but I can't find the link. Here, however, is a long list of JUST studies comparing AA based treatment Effectiveness of Alcoholics Anonymous - Wikipedia, the free encyclopedia.

Although I haven't seen any examples, in answer to the question about stips other than narcotics, I would think that the Board could make a stip like "no night shift work" for someone who has got into trouble in relation to working at night. Thoroughly plausible. It could have happened to me during that period of time that the Highway Patrol took a frequent interest in my car when I used to swerve across the highway going to and from work at night. I guess there would be other stips they could make to cover other scenarios. If you pose a danger, the Board will get you for it if they can.

Specializes in PDN; Burn; Phone triage.

Standard stipulations include: no overtime, home health or hospice, charge nurse duties, working as the only RN in a facility, travel nursing/agency, or prn work. Sometimes for part of the program. Sometimes for all of it. Some of the stricter programs include no nights, specifically no ICU/ED/cath lab positions, no on-call work...it's a one-size fits all approach so the stipulations are standard for everyone in the program.

Specializes in hospice.
...it's a one-size fits all approach so the stipulations are standard for everyone in the program.

Which means claiming it's unfair to any one person would seem unsupportable....

Specializes in PDN; Burn; Phone triage.
Which means claiming it's unfair to any one person would seem unsupportable....

I think it can be unfair to groups of people. Why should someone with a history of a DUI four years ago be placed on a key restriction? It is silly and needlessly punitive.

Of course many people who are newly in monitoring programs or struggling to find employment think it's unfair to THEM. High stress situations bring out the selfishness in people...even non-addicts. Most of what gets posted in that acute phase is illogical and sometimes just wrong or denialish -- but that doesn't invalidate what is wrong with the way monitoring programs are run or that things should not change.

Sounds like the OP has similar stipulations to mine (from TX), which are not related to an addiction issue. I have a Warning with Stipulations resulting from something that happened before I was a RN. There are no narcotic or shift restrictions, and no restrictions that limit my practice in a hospital setting. I can practice the same as any other RN. I am only restricted from working home health and agency.

Thankfully, I currently have a nursing job that is 100% okay with my stipulations; they have been my employer since before my order went into effect. I am planning to relocate to another city in Texas soon and have been running into a lot of trouble finding a job. I have had lots of interviews, but when they find out I have stipulations they tell me to wait until my stipulations are lifted. There was one hospital department that was fighting with HR to bring me on board, but HR won in the end. They don't want to assume the perceived "risk". Also, I have had prospective employers jump to the conclusion that I am in TPAPN, which is definitely not the case.

I have a one year order and at my 6 month mark (coming up very soon!) I am going to send in a request to have my stipulations removed. If granted this request, I am going to start reapplying for jobs. If not, I am going to wait to apply until December when my order is OVER. Meanwhile, I am very, very thankful to have a nursing job! And, yes, I will sign the petition!

+ Join the Discussion