I am under investigation by BON. Ethical question: Share or not share with potential employers?

Nurses General Nursing

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I have been under investigation for twenty months by my State Board of Nursing for twenty-four itemized complaints.  One day at 5pm I was abruptly fired.  No explanation was given.  There had been no prior warnings, just “leave and never return.” (Seriously!)

Repeatedly, since then, I have been approached to apply for a nursing job.  Each time, I shared that I was under investigation with the BON, offering to share both the complaint and share why I was innocent.  Each time this ended the hiring process.

My question for you is:

With the list of complaints alleged, (see the end of the post) especially the last one that alleges cognitive impairment, which of the following statements do YOU as a nurse agree with:

I believe that I must ethically let any potential employer (if the job will be working as an RN) know that there is an impending, and as yet, unresolved BON complaint against me.

OR

I believe that I am not ethically bound to share with any potential employer, (if the job will be working as an RN) that there is an impending, and as yet, unresolved BON Complaint against me.

Please DO NOT ask for any more information.  This is imperative.  Giving out too much information before investigation is finished could be interpreted as witness tampering (interfering with the investigation).  My lawyer has warned me to be very careful about giving out information.  Therefore, I cannot, at this time, give out any more information. 

I promise, that when the time is ripe, I will write, probably an article, sharing the entire story.

 

Since you will naturally want to know what the complaints were, here they all are:

Sent an unethical and unprofessional letter to a doctor.

Fraud, four separate itemizations

Mistakes administering medications.

Failing to document.

Failing to notify doctor of medical issues or medication issues.

Failure to wash hands when handling medications.

Failure to use gloves properly.

Failure to properly assess.

Failure to perform as ordered. 

“Creates a negative environment.”

“Nurse was late.”

“Nurse appeared scattered and somewhat sedated.”

Re-injection of insulin with the same needle.

Did not wash hands after injecting insulin.

Not cleaning hands between patients.

Inappropriate delegation to LNA’s

Refusing to work as part of a team.

Questionable assessment skills.

RN “talked more than worked.”

Neglecting patients.

Sloppy or non-existent documentation.

Violation of HIPAA (Keeping patient photographs on personal phone)

“The way the RN acts with some of the female residents is cause for concern.”

Engaging in nonsensical conversations causing interference with staff performing duties.

Talking too much.

“Medical or mental health issues (or a combination of both) that would prevent him from providing nursing care in a safe, professional and appropriate manner.”

Specializes in Pediatrics, Pediatric Float, PICU, NICU.
12 minutes ago, 42pines said:

For those who jumped on the pigpile of "he's a troll," well, frankly, you've been trolled, and turned into a sort of bully for believing that so easily.  Such action is common enough in nursing, I'm sad to say.

That does not make one a bully.

Specializes in Occupational Health; Adult ICU.

Thank you all for your thoughts.

It's clear that contrary to my sense of ethics most believe that staying quiet and not sharing that the complaints exist with a potential employer is necessary.  I'll have to review my sense of ethics.

It's a real, and rather horrible scenario, not a troll post.  Davey Do's post hit the nail on the head.  The action is a vendetta, not against me per se, but rather to put two others in a better economic position.

For those who think I'm a troll, it might be wise to look at the person, in this case: 

https://allnurses.com/profile/411679-42pines/

For those who jumped on the pile of "he's a troll," well, frankly, you've been fooled, and turned into a sort of bully for believing that so easily.  Such action is common enough in nursing, I'm sad to say.

Most to not realize that simply said: Your BON is not your friend and may become a terrible enemy.  

Most do not realize that having insurance will help in the slightest and hiring a lawyer, except in the simplest of cases will also not help, unless you have $50k or more to spend.

I've written one article here, and when the dust settles I'll write another, about this.  In the meantime the following article is the best I've found so far about a BON complaint, it might surprise you.

See: WHAT EVERY NURSE REALLY NEEDS TO KNOW ABOUT LEGAL ADVICE
FROM THE BOARD OF NURSING

https://www.thehealthlawfirm.com/resources/health-law-articles-and-documents/board-of-nursing-legal-advice.html

I recommend all nurses read that one.

 

Specializes in Mental health, substance abuse, geriatrics, PCU.
10 minutes ago, 42pines said:

Thank you all for your thoughts.

It's clear that contrary to my sense of ethics most believe that staying quiet and not sharing that the complaints exist with a potential employer is necessary.  I'll have to review my sense of ethics.

It's a real, and rather horrible scenario, not a troll post.  Davey Do's post hit the nail on the head.  The action is a vendetta, not against me per se, but rather to put two others in a better economic position.

For those who think I'm a troll, it might be wise to look at the person, in this case: 

https://allnurses.com/profile/411679-42pines/

For those who jumped on the pile of "he's a troll," well, frankly, you've been fooled, and turned into a sort of bully for believing that so easily.  Such action is common enough in nursing, I'm sad to say.

Most to not realize that simply said: Your BON is not your friend and may become a terrible enemy.  

Most do not realize that having insurance will help in the slightest and hiring a lawyer, except in the simplest of cases will also not help, unless you have $50k or more to spend.

I've written one article here, and when the dust settles I'll write another, about this.  In the meantime the following article is the best I've found so far about a BON complaint, it might surprise you.

See: WHAT EVERY NURSE REALLY NEEDS TO KNOW ABOUT LEGAL ADVICE
FROM THE BOARD OF NURSING

https://www.thehealthlawfirm.com/resources/health-law-articles-and-documents/board-of-nursing-legal-advice.html

I recommend all nurses read that one.

 

If the board has NOT already decided on your case, and there no documents visible about your license on their website, then no I would not disclose. You are innocent until proven guilty and if these allegations are false and are just that allegations, then I see no ethical duty to let potential employers know.

Your posts came across as though you're preparing a thesis versus actually wanting people's opinions.

Being called a troll on the internet is not bullying, you need a thicker skin than that especially if you're going to be fighting these allegations.

Ask them evidences that all allegations are true or correct like some witnesses who actually see you doing the wrong way.  If they can produce a video would be great for you to agree with their claims. Also to consider the nurse patient ratio if the facility follows it all the time so that's why your excellent care is broken. In addition, investigate the facility if they can retain nurses long because nurses who quits is a tell tale sign that nothing good is happening.

Specializes in retired LTC.

IDK but some of those complaints are just so JUVENILE sounding. It really does sound like someone has a vendetta out against OP.

I'd be curious how this issue settles out.

This somebody died on your care?

Specializes in Critical Care.

Wow!  The accusations against you sound like overkill.  I'm glad you have a lawyer and hope everything works out for you.  I agree with the others not to mention the BON investigation, and as one stated you are innocent until proven guilty!

This is a reminder that anyone can file a complaint against us if they want.  I've read of others having a vengeful ex filing a complaint.  Anyone, patient, family, neighbor or employer could do this.  It is a sobering fact. 

Also as an OP stated on another blog speak and act as if you are on camera with everyone because you never know if you are.  Also by taking this extra step you will probably get along better with patients, family and coworkers.  I'm not saying you did or said anything wrong, but it is easier and simpler to try to get along than have to deal with angry or offended people.  Of course, people can be irrational and you can do everything right and still rub somebody the wrong way.

Hope it turns out OK.

13 hours ago, magellan said:

Was there somebody died on your care?

 

Specializes in Dialysis.
On 1/27/2021 at 4:46 PM, Nurse Beth said:

Check with your state BON and Nurse Practice Act, it most likely does not require you to disclose an investigation.

Unless the employer specifically asks if your license is under investigation, then it's a completely personal decision.

 

^^^this^^^  I've filled out applications that ask about license ever or currently suspended or under investigation. In which case, required to tell. If not, I wouldn't volunteer

Those allegations can be blamed also to all 2 million practicing RNs in the US especially if you don't have patient to nurse ratio wherein provision of quality care is broken. Then the worst case scenario will be that there's no nurses to take care of patients because we ended up our licenses are suspended or permanently revoked. 

Specializes in Psych (25 years), Medical (15 years).
18 hours ago, 42pines said:

Thank you all for your thoughts.

It's a real, and rather horrible scenario, not a troll post.  Davey Do's post hit the nail on the head.  The action is a vendetta, not against me per se, but rather to put two others in a better economic position.

It seems that the majority of members, and nurses in general, give advice on what has been learned from another and have not gained knowledge through empirical pursuits. That's one reason why we read so danged many threads stating, "Will I lose my license because I've (fill in the blank)?"

In my 36+ years of nursing, I've not known of one nurse to lose their license. And I have known nurses who have, for example, shot up drugs or grossly abused patients. Oh sure, they may have lost their job, but they keep their licenses.

Abraham Lincoln said something like, "Anybody can stand adversity. If you truly want to test a person's character, give them power". I have known those in power to lie, cheat, and step on people's feet just because they had power to do so.

As I said before, 42pines, I'm rooting for you. Go get the bass turds!

And if you do turn out to be a troll, hey, I'm not gonna lose any sleep over it.

Specializes in Occupational Health; Adult ICU.
22 hours ago, magellan said:

Was there somebody died on your care?

Nope, nobody died.  No patient, nor family had any complaint.  And no, Davey Do, I'm not a troll, which you can see if you look at my record here.

@Hoosier_RN You wrote: "I've filled out applications that ask about license ever or currently suspended or under investigation."  I've run into this.  One headhunter told me: "There is a way that an employer can find out if your license is under investigation."  I don't know if that is true for some states, but not for other states.

And I don't have a lawyer.  I attempted to hire one but there was a conflict of interest (there were two who complained, one was a contractor) as one was in some way a client, or maybe had been, lawyers don't explain.  Then I found another lawyer, who seemed excellent, and all of a sudden, "uh oh, I can't represent you, as there is a conflict of interest."  (Same issue with the same contractor).  Yes, that's odd, and makes me wonder what's up with that--maybe that contractor is a "repeat offender?"

So I looked and found another lawyer, again a specialist lawyer.  I gave the lawyer a $2500 retainer and they started working on an answer to the complaint.  A month went by, and just before the deadline, they sent me a copy.  It was pathetic, full of inaccuracies (including some totally erroneous "facts," and poorly written.  I fired the lawyer, then found that I had rung up a $12,500 bill.  The lawyer kept my retainer and "waived" the rest.

My case has been "elevated" to my state's Attorney General's (AG) office.  I was pestered by an attorney investigator to give them carte blanche access to all medical records--all, including childhood records.  It was evident that the "cognitive impairment" was now the issue.

I objected but stated I was willing to let them ask my doctor (or prior doctor) "in your opinion is (my name) cognitively competent to be an RN."  Over and over that attorney demanded carte blanche access and over and over I repeated that I was willing to let them ask the above sentence.

Well, the doctor queried said he'd have to have a neurocognitive exam to be conclusive.    Then Covid hit, and all I got was dead air.  I knew that such investigations take about a year, so after 16 months I contacted the AG and said, "c'mon you are trampling my civil rights and Covid really is not much of an excuse as most, if not all investigation could be done from a home office.

That hit home and what had happened was that the lawyer investigating me no longer works for the AG, I was "lost."  I was promptly contacted by a doctor who wanted to do an interview, who supposedly specialized in addiction but also in cognitive issues.  OK, I thought, and did a two-hour Zoom interview.  The outcome: "You must go and have a neurocognitive exam."  "Why," I asked.  "Because the AG is concerned, your response was 28 pages."  Yes, 28 complaints, one page for each complaint, and based on that the AG thinks I'm cognitively impaired."  Btw, the cost for such an exam is $1,600.  "So, I'm being forced to spend $1,600 for this exam?"  

The answer: "Well, no, I'm not forcing you to do anything."  "OK," I responded, "You're not 'forcing' me but if I refuse, I never get my job back?"  Yup.

So I drove an hour, spent 5 hours with a PsyD.  The outcome was a multi-page (lots of test results) and the statement: "“There is no evidence of cognitive impairment at a level that would predict significant difficulties functioning as a nurse.”

Recently I was told by the addiction doctor (no, I have no issues with addition, nor were any alleged) that other than the "cognitive concern," I was not under investigation.

Yet, recently a new Attorney Investigator contacted me, telling me, "You can work as a nurse." Also telling me I am under investigation.  But now, what, exactly am I being investigated for?

I intend to write to the AG and ask them to please enumerate exactly what I am being investigated for, allegation by allegation, specifically.  If this was not so devastatingly painful, it'd be comic.

The real kicker in all this was that two weeks after I was fired, the place closed, permanently.  

In the meantime, I've plenty of time on my hands to finish my BSN but the college has banned me from doing my final capstone course because of the pending complaint.

@brandy1017  I think that is sage advice.

@Davey Do  You are correct.  I have seen some lose their license but it's rare.  Excepting severe violations the norm is probation, education, substance treatment and usually the nurse has a valid license again.   In my case though, even a minor chastisement, let's say for documenting improperly will show up FOREVER, for all to see.  At my level of nursing any issue, no matter how minor will get me passed over.  I'm at the top of my subspecialty having worked now for a number of major corporations (a few were GM & GE).  I've been told by headhunters that any negativity related to my licenses will knock me out of a high-level job.  So, I'll fight.

Thanks again to all who contributed.

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