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 NICU.

This sounds confusing, you say your lawyer told you not to discuss your case because it will bring you more problems or charges against you. Yet you mention offering information to potential employers about your case and the why you  feel you are innocent.Contradictions.Speak with BON as to what you are expected to do and avoid  any liability.

Specializes in NICU.
On 1/31/2021 at 9:59 PM, magellan said:

If they can produce a video would be great for you to agree with their claims.

Showing a video is a sure way to be fired on the spot. At least in our institution.Your e supposed to be working not taping others.

Specializes in Occupational Health; Adult ICU.

Leader25, if I discussed identifiable facts, yes, there could be an issue, however, you can't even figure out where I am.   I'm careful with what I say for now.

"Speak with BON as to what you are expected to do"  Do that and it's very simple, they will say: "Plead guilty to everything and anything." Many do just that, they just lay under the bus's wheels.  Interestingly though if you go to your BON's website and review finalized cases, you'll see that most are simple and most complaints are well-founded on facts.  This one isn't.  I'll won't be found guilty on any charge excepting maybe a documenting one, after all, every nurse could be found guilty on that, if you press hard enough.  It's a nasty, nasty ride on the way to innocence though.

If nothing else, I hope readers realize that the BON is not a nurses friend.

Try reading this for a bit of the reality that you'll face if you ever run into a complaint with the BON, it's a really great article:

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

As for video?  Huh?  I think you're referring to Magellin's post which is very off-base.  No video anywhere, not an issue.

Specializes in Mental health, substance abuse, geriatrics, PCU.

I do wish you luck, it sounds like you are in one heck of a mess and it's a shame that any employer would be so vindictive. I'm glad you're making sure you have adequate legal representation, as you said the BON always assumes you are guilty. 

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

if I discussed identifiable facts, yes, there could be an issue, 

Here, here!

Specializes in Occupational Health; Adult ICU.

@TheMoonisMyLantern Interestingly there are "two" employers, since I was contracted.  My contract employer sold me to the entity that owned the place I worked for.  More interestingly neither was vindictive at all.

The complaint was lodged by a contractor who had never even worked with me.  Additionally, in what seems a pig pile fashion, the other "complaint" was by an LPN that I had just hired, and who had worked with me a whopping fifteen minutes, sum total.  These two complained to the owner of the entity that I worked for.  The owner simply "echoed" these two complaints to the BON.

What really is fascinating is that ANY one can create any complaint to the BON and you cannot sue them for defamation, as that is privileged.  Unless you can prove actual malice a complainant to the board is immune to legal action.  Yet in this case, the complaint was not to the BON but to the owner, who, without investigation, believed the allegations.

The two allegators (yeah, I know) thus stand without absolute immunity and may find themselves in very, very deep water, if I can get past the BON with zero actions against my license--my goal.

 

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

@TheMoonisMyLantern Interestingly there are "two" employers, since I was contracted.  My contract employer sold me to the entity that owned the place I worked for.  More interestingly neither was vindictive at all.

The complaint was lodged by a contractor who had never even worked with me.  Additionally, in what seems a pig pile fashion, the other "complaint" was by an LPN that I had just hired, and who had worked with me a whopping fifteen minutes, sum total.  These two complained to the owner of the entity that I worked for.  The owner simply "echoed" these two complaints to the BON.

What really is fascinating is that ANY one can create any complaint to the BON and you cannot sue them for defamation, as that is privileged.  Unless you can prove actual malice a complainant to the board is immune to legal action.  Yet in this case, the complaint was not to the BON but to the owner, who, without investigation, believed the allegations.

The two allegators (yeah, I know) thus stand without absolute immunity and may find themselves in very, very deep water, if I can get past the BON with zero actions against my license--my goal.

 

That sounds like a very crazy situation, I hope you are able to get out of it with your license and reputation intact. 

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

the other "complaint" was by an LPN that I had just hired, and who had worked with me a whopping fifteen minutes, sum total.  These two complained to the owner of the entity that I worked for.  The owner simply "echoed" these two complaints to the BON.

Stopping at "Those two complained to the owner of the entity for which I worked", I've had the same thing happen to me. When a NS for a community mental health clinic back in '03, the LPN which I had hired went to the medical director who, in turn, went to the administrator, who in company with the HR director, fired me.

I would have won that case with the IDES, according to the ruling adjudicator, had I not said, "Well, then, go ahead and fire me".

"You can't tell your supervisor to fire you and contest it when he does", the adjudicator said.

Okay. Lesson learned.

Specializes in Occupational Health; Adult ICU.

Ha!  You were young then Davey, you've learned not to say things to hastily these days, not that it matters, since you're retired.

It does sound similar.  In this case I believe that the Contractors had a vested interest in having me gone.  The place had tons of problems and one by one I negated them, removing the "reason" that the place had to be shut down.  But shutting the facility was politically unpopular.  With me gone, the Contractors kept their job, there's a decent motive.

The LPN is a weird one though, an extremely vitriolic letter of complaint including allegations that I was cognitively impaired.  After sending $1600 the PsyD stated: "no evidence of cognitive impairment."  I haven't a clue as to why the LPN literally attacked me, maybe I'll never know.

Specializes in Occupational Health; Adult ICU.
6 hours ago, TheMoonisMyLantern said:

That sounds like a very crazy situation, I hope you are able to get out of it with your license and reputation intact. 

The reality is that I shall get out of it with license intact.  Consider, no harm.  No complaint by patient or family.  No allegation of negligence, no medication error of any significance, no drugs, no alcohol, no theft, no faking signatures, in short, nothing major.  Therefore, like most, the worst will be a slap on the wrist, maybe "shall take a course on documentation."  For most, this would be ho hum, but for the level of job that I seek (upper management) literally "any" infraction is likely to affect my employment options, as that sort of addendum to your license lasts forever.

The terrible part is being knocked out of college, unable to finish the last course, the Capstone.  Then, unable to proceed to attaining a Master's degree, this has knocked two years out of my best nursing years of my career.  

What is interesting is that BONs are quasi-judicial entities.  Courts are loathe to ever interfere with them.  However, there is one way that the Courts will intervene and that is when a Plaintiff attacks the BONs validity of evidence.  So, whatever evidence they can amass--it had better be rock solid.

It'll make a good article, someday.  

Even if the complaints against you have no merit, I believe you have an ethical responsibility to inform a potential employer of the BON investigation.  I think that if you fail to do so, other unfortunate situations could arise.  Should you be hired and your employer learns of this situation at a later date, they may not look kindly upon the fact that you didn't disclose this information before they made the decision to hire you.

 

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

The reality is that I shall get out of it with license intact.  Consider, no harm.  No complaint by patient or family.  No allegation of negligence, no medication error of any significance, no drugs, no alcohol, no theft, no faking signatures, in short, nothing major.  Therefore, like most, the worst will be a slap on the wrist, maybe "shall take a course on documentation."  For most, this would be ho hum, but for the level of job that I seek (upper management) literally "any" infraction is likely to affect my employment options, as that sort of addendum to your license lasts forever.

The terrible part is being knocked out of college, unable to finish the last course, the Capstone.  Then, unable to proceed to attaining a Master's degree, this has knocked two years out of my best nursing years of my career.  

What is interesting is that BONs are quasi-judicial entities.  Courts are loathe to ever interfere with them.  However, there is one way that the Courts will intervene and that is when a Plaintiff attacks the BONs validity of evidence.  So, whatever evidence they can amass--it had better be rock solid.

It'll make a good article, someday.  

I’m curious how your school found out about it and acted on it?

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