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.”

On 1/28/2021 at 1:05 AM, 42pines said:

Thank you all.

How interesting that not one person actually has answered the question listed here.

Still, the responses were interesting, and appreciated.

Actual answer, based on experience?  
 

I had a board complaint filed by an employer that “fired” me years ago.  My attorney advised me not to disclose the pending complaint to potential employers, and to actively seek and take whatever position I could find.  
 

The meeting with the board investigator was seven months after my “termination”, and the complaint was determined by the board to be “unsubstantiated”.  Further, the board investigator literally told me “you were thrown under the bus” by management.   There was no record of any discipline by my employer in my employment file, even though I was clearly told that I had been terminated by that employer.  
 

my advice?  File for unemployment, actively seek work, and let your attorney handle the complaint with the board, no matter how intimidating the charges are.  If the charges are substantiated and upheld by the board, deal with it then.  
 

The board always has the option of seeking an immediate suspension of your license to practice if they believe that the allegations are both serious and likely to be upheld.  Absent that, your license is “unencumbered,” and you have a legal right to work within it.  

On 2/4/2021 at 7:44 PM, Susie2310 said:

I think this is about more than just "we're innocent until proven guilty." As you said, by not disclosing the BON investigation to potential employers, if the OP is hired he/she will be able to receive employment income from that employer.  That is, as long as the employer doesn't learn of the investigation after they have hired the OP and decide to take an action that would not be in the OP's favor.  As I see it, ethical principles apart, there is actually quite a good practical chance an employer could find out about the complaints/BON investigation.  The OP's ability to put a roof over their head and food on their table with an employer from whom they withheld this information might only be temporary, until that employer learns of the situation and should that employer decide to take an action that will affect not only the OP's ability to receive employment income from that employer, but that could also affect the OP's future employability/licensure.   One might well lose more in the long term than one ever expected.  That's how I see the situation.  The decision is the OP's to make.

I disagree wholeheartedly and emphatically with this theory.  State boards always have the option to do an “emergency” license suspension if the allegations are both serious and there’s any hint that there is truth behind them.  
 

Further, the problem with false/retaliatory/exploitive employer complaints against nurses is widespread and substantial enough that my own board of nursing has a laundry list of employer complaints on their complaint website that they won’t even acknowledge- things like, “a nurse isn’t “abandoning” patients if they refuse extra shifts”, etc.  

There’s plenty of information out there that both patients and employers are quite happy to supply complaints of “abuse” and “neglect” as retaliation- absent a finding by a board that a complaint is substantiated, the license is active and valid.  Indeed, like any other state license, the state describes its license as a “privilege” - one that has been both earned and paid for.  The license is, in effect, your “property” until the state takes it away through proper legal process.  
 

Retaliation by a later employer for unsubstantiated complaints that happened under the supervision of another employer would likely be found to be both illegal and unethical.  

Specializes in Occupational Health; Adult ICU.
24 minutes ago, rzyzzy said:

The board always has the option of seeking an immediate suspension of your license to practice if they believe that the allegations are both serious and likely to be upheld.  Absent that, your license is “unencumbered,” and you have a legal right to work within it.  

Thanks @rzyzzy  I now realize that since the majority agree with you I should have done just that and now, that's what I'm doing.  Still, I've checked and my target state will tell any employer (and it took only a few minutes to get my own information) that I have a charge "pending" and "the date the complaint was made."  Twenty-three months stuck in a sort of Limbo.

Specializes in Occupational Health; Adult ICU.
11 minutes ago, rzyzzy said:

Further, the problem with false/retaliatory/exploitive employer complaints against nurses is widespread and substantial enough that my own board of nursing has a laundry list of employer complaints on their complaint website that they won’t even acknowledge- things like, “a nurse isn’t “abandoning” patients if they refuse extra shifts”, etc.  

There’s plenty of information out there that both patients and employers are quite happy to supply complaints of “abuse” and “neglect” as retaliation- absent a finding by a board that a complaint is substantiated, the license is active and valid.  Indeed, like any other state license, the state describes its license as a “privilege” - one that has been both earned and paid for.  The license is, in effect, your “property” until the state takes it away through proper legal process.  

Retaliation by a later employer for unsubstantiated complaints that happened under the supervision of another employer would likely be found to be both illegal and unethical.  

@rzyzzy  You seem to have a progressive BON.  Anyone with half a brain can see that what I'm going through is a witch hunt.  The problem is that nobody on the BON has bothered to fully read my answer to the charges. 

You are correct about the license is a "property," an important concept, echoed in this excellent article (it's about Florida, which is a progressive state for nurse rights, but it's one that I suggest any nurse read)

file:///C:/Users/X-3-20/Zotero/storage/S3CK4UA9/board-of-nursing-legal-advice.html

Later retaliation for unsubstantiated complaints, I agree, would be unethical, even illegal.  The problem is that nowadays employers (remember over the past 15 years, every employer that I've had is a Fortune 500 corporation.  The even do a social media profile search on you (mine is squeaky clean) but if a third-party "checker" does that, I'm sure that each would have a check-box labeled "complaint pending."

If that box is checked, that's it, I'm quietly removed from consideration and no information will ever be found by me that was done.  Like age discrimination, there's a lot of it, but it's hard to prove and being knocked out of consideration would be harder to prove--probably impossible.

The most hurtful thing that this has done was that it knocked me out of a BSN program with only a Capstone course left.  And I mean knocked out, one course to go and even my school email is closed.   My bad far asking if I could do a Capstone with pending complaints.  I think I need to relax my ethical standards. 

On 2/10/2021 at 7:09 AM, 42pines said:

You are correct about the license is a "property," an important concept, echoed in this excellent article (it's about Florida, which is a progressive state for nurse rights, but it's one that I suggest any nurse read)

 

I have read that nursing licensure is a privilege.  Privilege is not synonymous with right.  I believe that this means that licensure is to be considered an extra benefit, one that can be taken away from one if the conditions warrant.  

 

Specializes in Occupational Health; Adult ICU.

@Susie2310  I'll agree, and I'll disagree.  Rather than reiterate my grounds, I'll use the following sources.  As you can see, by these two sources, it is a privilege, and it is also a right, and it is also "property."  And, if it's property a nurse's license and the nurse is protected both by her state Constitution and by the Federal Constitution.

"What you may not know that once granted, the license is considered “property” under the state and federal constitutions and therefore protected from unfounded removal from the person by the government. In this way, the license is a “right”.

However, because the license is granted by the state and its board of nursing, it is a “right” that is not without limits. A nurse licensee must practice nursing within the bounds of the nurse practice act and its rules as well as within the ethical codes applicable to the profession. When this does not occur, the nurse licensee may be disciplined by the state board of nursing. In this way, then, the license to practice nursing is also a “privilege”, which means one’s nursing practice and personal conduct can be called into question if the act and rules or ethical codes are allegedly violated."

https://www.cphins.com/what-rights-do-nurses-have-when-appearing-before-the-board-of-nursing/#:~:text=What you may not know,license is a “right”.

"A nursing license is a credential granted by an individual state. Most states require that healthcare practitioners with direct patient contact be licensed. Each individual state has the sole authority to license health care practitioners in their jurisdiction. A license confers a legal property right to the holder.  Consequently, the license can not be taken away from the practitioner without due process.  Legally speaking due process includes the right to a hearing and access to the courts in a proceeding to remove a legal right."

See

http://aam.govst.edu/projects/scomer/student_page1.html#:~:text=A nursing license is a,property right to the holder.

People's eyes roll when someone mentions "Constitution" yet its applicable here.  For instance my state (and most, if not all others) any citizen has a right to a "speedy trial" (uh, we're now at 22 months here, and we aren't even close to any hearing, or any resolve--does that sound right?)  They nurse that has been charged has a right to know what charges are pending, clearly and in an understandable way.  (That hasn't been done here).  Additionally no citizen is "compelled to furnish evidence against themselves," yet I am told by my BON that I must sort though these "sort of" allegations and respond, as though I know which ones are actual charges, and which are simple opinions? 

My opinion is that the BON is acting as a bully.  As nasty as the situation that I'm in is, it's rather fascinating.  I am intrigued as to the outcome, though I wish they'd hurry up, as I'd like to finish my Capstone BSN course.

Specializes in Physiology, CM, consulting, nsg edu, LNC, COB.

You could be working on it now anyway. Get advice from colleagues or here, get editing, critiques. Then when you get reinstated (fingers crossed) you turn it in, and you're done. Just saying.

Specializes in Occupational Health; Adult ICU.

Oddly, I haven't received notifications that there were responses to my thread.  I just came here to post an article which admin may or may not accept.  It will be my second article.

For those who feel duped, all I can say, is it's quite real.  Eventually when the BON gets off their butts and determines my fate, I shall share that with all of you.  It just hit a full two-years.  Two years!  I call that lateral violence within nursing--The BON has a responsibility (IMHO) to deal with my fate in less than two years.

Also, I just came across an absolute idea job.  Occupational Health with a pharmacy manufacturer who is making drugs using technology that was used by a prior employer.  I had absolutely everything that they could want, right down to will you accept $50- an hour.  I explained the complaints with my Contract Agent and she said, "your license is unencumbered, go for it."

Then (my home state is a pact state) so I could pop right into the job but had to apply in the state I'd be working.  So I started the application.  And there it was: "Has this nurse ever been investigated by your Board?  2. Has this nurse incurred any disciplinary proceedings in your state, or is any action pending?

Result: Offer revoked.

This is not the first job application where I felt hired--only to end up with dead air, well, now I know why.

Specializes in Occupational Health; Adult ICU.

Would admin please PM me?

 

Specializes in Psychiatry, Community, Nurse Manager, hospice.

Maybe the OP actually got fired for being extremely annoying.

I'm annoyed.

No, I wouldn't share it. 

And those items seem pretty bogus. Why would the BON even bother to investigate some of that stuff? 

But if it's a homework assignment it absolutely sucks as one. 

Specializes in Occupational Health; Adult ICU.

And just maybe you are jumping to conclusions.

Consider that I have been thrown out of my BSN program with only a capstone to go, because of the complaints.

Loss of my educational goals, loss of my job and income, and you're "annoyed."  

It's so easy on the Internet to bully, and guess what--you just did it.  I call you an a "mean" and rude post.

Just imagine that you were in my shoes?  Knocked out of nursing, knocked out of the final capstone class in a BSN program.

Think about it FolksbTrippin

Specializes in Psychiatry, Community, Nurse Manager, hospice.
3 hours ago, 42pines said:

And just maybe you are jumping to conclusions.

Consider that I have been thrown out of my BSN program with only a capstone to go, because of the complaints.

Loss of my educational goals, loss of my job and income, and you're "annoyed."  

It's so easy on the Internet to bully, and guess what--you just did it.  I call you an a "mean" and rude post.

Just imagine that you were in my shoes?  Knocked out of nursing, knocked out of the final capstone class in a BSN program.

Think about it FolksbTrippin

I'm grumpy and burned out (temporarily) but I'm not mean. I think you know that I'm not bullying you.

I found your post annoying because people answered you and instead of appreciating their time you complained about people not actually answering your question, because they didn't follow a script. That's annoying.

Its also annoying to me when people beat around the bush. 

But like I said....

I'm easily annoyed at the moment.

So I think you're fine to just move on and not say anything as far as your career search goes. Anyone can complain about us. 

However you may also need to improve the way you interact with others. 

Why did you get kicked out of your BSN program? 

 

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