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.”

For any infractions, the employer should notify you what needs to be done so that it is corrected. If they don't, they are negligent because they didn't give you the chance to rectify it.

For all those infractions that your employer observed in your practice, they still have you worked time and time again in their facility. I'm just wondering because the equation is not right.

Specializes in Occupational Health; Adult ICU.

@susie2310 I agree with you.  However, you and I are a minority.  For 22 months I have abided and shared the pending investigation.  Last week though, the investigator from the Attorney General's office commented: "your license is intact and you do not have to share that with an employer."

I thought this very interesting and it came about from a comment I made, that must have made its way back to the AG's office.

If I hired someone who had one pending complaint I'd be very unhapppy.  

@jadedcpn  I told my advisor and asked if I could do a Capstone that was research based rather than at a facility, and the hammer dropped.  Even my email account was revoked.  *sigh*

@Magellin  Agreed.  Neither my employer (the Contract company) for the facility owner bothered to investigate, never even asked, just an abrupt at 5pm: "Leave and never return."  You are correct the equation is not right.  Sadly though the BON, nor the AG's office has really bothered to look at the charges closely or my response.  Thus the "guilty till proven innocent."

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

An investigation that is still pending doesn't need to be revealed to an employher because it will inevitably cause bias against you. You are innocent until proven guilty even though the BON doesn't believe that. I just feel that until you are PROVEN to be a danger to the public and a liability for an employer, you don't owe them an explanation. 

Specializes in Occupational Health; Adult ICU.

@TheMoonisMyLantern  Technically, you are correct.

Searching for “can your nursing license be checked for pending complaints” It did not take long to find, the answer, at least in some states, as I was once told, is “yes.”


“During the Board's investigation and complaint resolution process, details of a complaint are not made public except for the existence of the complaint pending and the date it was filed.”


Therefore at least in this state, Massachusetts, an employer CAN find if there are complaints pending.

See:
https://www.mass.gov/service-details/what-you-need-to-know-if-a-complaint-is-filed-against-your-license


A wise employer would always check for pending complaints.  A wise employer would never tell the applicant why they only got “dead air,” about that job.
 

For all those infractions that your employer observed in your practice, they still have you worked time and time again in their facility. I'm just wondering because the equation is not right.

Yes, the employer can verify but it will take them forever to get the answer back from the Board. Even to apply for licensure, nurses to be will have to wait several months before they get to sit for NCLEX exam and eventually, their license if they pass the said licensure. In addition, to call every Board over the phone, you'll have to be on queue for some hours before they pick up your call. The best way is to go in person to the office of the Board of Nursing so you'll get your answer on hand but as I have said, you'll wait for several hours to see a personnel from the Board. Therefore, this kind of post regarding disclosure to your employer is just being fool. It's all foolishness.

Specializes in Occupational Health; Adult ICU.

@magellan  Bravo!  You hit the nail on the head.  You win a stuffed bear.  The equation is all wrong.  You see this, and others here see this, and so would the BON if they actually read both the complaint and my "answer" to the complaint.

Sadly,@magellan I must take back the stuffed bear.

Look at the time between your "Yes, the employer can verify" and this post."  That is exactly how long it takes to ascertain if a nurse has an action pending.  Yes, it took about two minutes.

MA Board of Nursing is (617) 973-0900.  Call them, ask: "If I have the name and other information about a nurse licensed in Massachusetts , how long does it take to find out if there is an action pending?

The answer was: "I can do that right now...

Feel free to try, they won't mind.

And yes, MA is one of the states that I would look to work as a nurse, and have worked as an RN before.

When I applied for licensure, it took them almost a year to process my license.

Specializes in Occupational Health; Adult ICU.

@magellanA student, applying for a license is entirely different from checking an existing license.  Yes, it takes a long time for BON to process and complete the RN, or other nurse license.

Checking the license of any nurse is simple and fast: Search for [state name] "check a nursing license."  Every state has an online presence.  Enter just the last name and in most states you'll find it, though you might find, for instance, in California, dozens, so having a first name useful.

If the nurse you are searching for has any actions, censure, probation, agreements, there will be a note attached showing that action and its terms.  For instance in my state you will see, under the license (when you look it up) two sections: "Discipline Information," and "Board Actions."

Looking up a friend’s license that I know had an allegation of wrongdoing in the past, I see nothing under Discipline Information.  But, under Board action there is a .pdf which, when downloaded, is a six-page document titled “Settlement Agreement.”  In this case the nurse was assessed a $500 file and required to complete 6 hours of Continuing Nursing Education.

Looking up a friend’s license that I know had an allegation of wrongdoing in the past I see nothing under Discipline Information.  But, under Board action there is a .pdf which, when downloaded, is a six-page document titled “Settlement Agreement.”  In this case the nurse was assessed a $500 file and required to complete 6 hours of Continuing Nursing Education.

Why do you have to disclose when your employer can do that in seconds? This post is just foolishness. Let the employer verify themselves because its more accurate to check directly from the Board than just by telling them about yourself. Then your employer can decide if you are hireable with them.

19 minutes ago, magellan said:

Why do you have to disclose when your employer can do that in seconds? This post is just foolishness. Let the employer verify themselves because its more accurate to check directly from the Board than just by telling them about yourself. Then your employer can decide if you are hireable with them.

Besides, your employer needs to verify your criminal background, professional references, drug screen etc and leave it to them with their decision in hiring you.  

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