Manager reporting confidential info to state board

Nurses General Nursing

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I am a new grad (well technically now have been there a year but haven't worked in 3 months )nurse in the CVICU in a pretty big hospital. So I recently took time off for exhaustion and depression. I was off the schedule. On the second day off, I drank alcohol and got drunk. This scared me because I have a past history of alcohol abuse. I spoke to employee assistance and they told me if it happened again, I should seek outpatient treatment. That day, I drank again and blacked out. So 2 days later, I met with a counselor to seek treatment. She suggested a 4 week outpatient treatment program as a sort of reboot since I had long term sobriety prior to this, but had the potential to get much worse. I agreed, but told her I would have to get extended leave prior to doing this since it would not leave me time to fulfill my work schedule. I spoke with the manager of my unit (a nurse). She told me that our conversation would be private and confidential and would not go anywhere. I told her that I just needed medical leave for my time off and she kept prodding, specifically asking me if there was substance abuse involved. Since she said it would be confidential, I confided in her and told her yes. A week later she tries to fire me for accusations that weren't true. I immediately called her on it and told here I could prove they weren't true. She rehired me the next day. (This also would have cancelled my insurance and I would have been unable to finish treatment). The next day, I get a call from the state board saying someone filed a complaint saying that I was in treatment. Because of my manager's betrayal of our private conversation, I have to be in a 5 year monitoring program. Keep in mind that I did not work impaired, I put no patient's in harm's way, I sought recovery on my own after having drank only 2 times while on leave from work. I want to know if this is legal. I sought council from my employer's legal department and they have kept me employed there but I haven't worked in 3 months now. The lawyer was supposed to find me a position on another unit and he has stopped returning my calls and emails. Should I seek council outside of my employer? Is what she did in reporting our confidential conversation to the state board illegal?

I don't either. When I read that information and saw it was valid I was shocked. If something were to happen like mental exhaustion, I shouldn't have to drive an hour or two away to make sure I am far enough from anyone that might know me so that I can get tx without being reported to the BON. What a way to keep people from seeking help. I met a girl that still had an active license but hadn't worked in 2 years since having her baby. She got PP depression really bad and ended up in the ER with SI and tried to OD. Someone reported her to the board, she was on anxiety medication and some other mental health medication, I want to say Klonopin. Anyway, one of the nurses recognized her from when she worked in L&D and reported her to the BON. Now she has to do a 3-5 year monitoring program and be treated as a drug addict if she ever hopes to return to nursing, which she does because she is in an abusive relationship and wants to get out and this just made it all 100X harder.

That's when I really started looking into the legalities of it. It doesn't seem right at all.

That is INSANELY horrible. It's the opposite of what nursing is about. And it's especially awful because nurses can get in trouble for not reporting a situation like this. It puts everyone is a terrible situation. I understand needing nurses to be on their A game on the job, but not when it interferes with nurses seeking help when it's needed. And let's face it--if there were ever a job where people might need help with substance abuse or mental health, it's nursing.

OP, you will have an uphill battle proving that it was your manager who filed the complaint.

Though, what a lousy thing to do, especially when you are seeking treatment; that type of behavior is what discourages people from seeking behavioral health services until they have a breakdown :/

Look at your state laws.

Specializes in Psych, Corrections, Med-Surg, Ambulatory.

I've read many times on this forum nurses stating they would NEVER use the EAP at their place of employment. Now I get it.

it needs to be made known to the staff at the employer that that manager lied, and can not be trusted with private info.

Specializes in ED, Cardiac-step down, tele, med surg.

Wow! That sucks. No good deed goes unpunished. It sounds like you tried to do the right thing, never were intoxicated at work, weren't using illegal substances. Alcohol is legal afterall. I'd get a lawyer right away. That would really bother me if I were in your shoes. And being in a monitoring program might affect your ability to get a nursing job, right?

No matter whether or not the manager had some kind of obligation to report the OP, it wouldn't be a HIPAA violation-the manager was not part of the OP's health care team. The OP was not a patient of the facility.

The OP doesn't know for sure who reported her. But I agree that this kind of thing is exactly why people don't seek help when they need it.

When we renew our licenses in my state, it asks if you have had any problem with substance abuse of any kind. I always wonder who in their right mind would admit to any kind of substance abuse problem that isn't already documented. Saying "yes" will get you put right into a monitoring program.

Specializes in Emergency Dept. Trauma. Pediatrics.
That is INSANELY horrible. It's the opposite of what nursing is about. And it's especially awful because nurses can get in trouble for not reporting a situation like this. It puts everyone is a terrible situation. I understand needing nurses to be on their A game on the job, but not when it interferes with nurses seeking help when it's needed. And let's face it--if there were ever a job where people might need help with substance abuse or mental health, it's nursing.

The craziest part of it all is she hadn't even worked in 2 years. She had an active license and kept up on CEU's. But wasn't even working, she knew she would eventually return. I could go on and on about the crazy corrupt thing I have been seeing with the NCBON anyway. It's been very eye opening.

Specializes in Emergency Dept. Trauma. Pediatrics.
OP, you will have an uphill battle proving that it was your manager who filed the complaint.

Though, what a lousy thing to do, especially when you are seeking treatment; that type of behavior is what discourages people from seeking behavioral health services until they have a breakdown :/

Look at your state laws.

The sad thing is, even if they could prove it was employer there is a very good chance the manager would be protected for reporting her.

Once I found out that law, you're dang right I would not be going to help anywhere near me if I needed it. So much BS to all of it and the recovery programs are 1 size fits all program. Whether it be a mental health issue or substance abuse, it can likely be treated the same.

Specializes in Medsurg/ICU, Mental Health, Home Health.

Nothing ever said to management is private nor confidential.

Been there.

Nothing ever said to management is private nor confidential.

Been there.

For that matter your co-workers and immediate supervisors too. You have to be careful about what you say and who you say it to in the workplace.

Specializes in SICU, trauma, neuro.

OP I'm so sorry this happened to you! I think it stinks like mucomyst+GI bleed+neuro breath that we've come so far in de-stigmatizing mental health issues....unless it's one of our own. This kind of thing will -- I am certain -- deter nurses from seeking help. Why add to the hell of the disease by messing with our livelihood?? Whoever decided that was a good idea, as far as I'm concerned has blood on their hands.

Never go to your superiors about drug or alcholol issues, you simply cannot trust them as this post demonstrates. Seek outpatient treatment on your own and speak of it to no one outside of your immedate family. Yes, this is what nursing has come to its all about ticking the boxes and making the paperwork look good for managers. You have no choice but to lawyer up and to keep to your own counsel in the future. In the meantime get this post off the internet!

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