Moral and ethical dilemma with coworker

[Nursedaughtermother]

I'm wanting to get some insight on this nurse I work with. This nurse is very unprofessional at the nursing home we work at. The nurse has some good nursing skills, and has been a nurse for several years, but there are many things about this nurse that make me scared to work with (nurse). I'm going to use (nurse) for the suspected nurse's name where the name is supposed to be so it doesn't reveal any private information.

In 01/2016 I got asked by a person if (nurse) was still working at the (nursing home). I told her that (nurse) was. She told me, Isn't (nurse)'s license revoked?” I told her I wasn't sure.

I then went to the Texas Board of Nursing website, looked up (nurse) license, and it said REVOKED – month-day-2015” for (nurse) answering No” to the question on the license renewal: Have you, within the past 24 months or since your last renewal, for any criminal offense, including these pending appeal?” (Nurse) put No” when (nurse) had got a DWI in 2014. Then it says ON or about (date) 2015, Cause No. **** was dismissed in the County Court at Law of ******* County, Texas. The criminal charge was still pending at the time Respondent submitted the renewal to the Board.”

I am concerned about this situation because (nurse) worked during the time period in which her license was revoked, which violates the Nurse Practice Act, Subchapter J. Prohibited Practices and Disciplinary Actions Sec. 301.451. Certain Prohibited Practices. A person may not:

1. Sell, fraudulently obtain, or fraudulently furnish a nursing diploma, license, renewal license, or record;
   
2. Assist another person in selling, fraudulently obtaining , or fraudulently furnishing a nursing diploma, license, renewal license, or record;
   
3. Practice nursing under a diploma, license, or record that was:
   


1. Obtained unlawfully or fraudulently; or
   
2. Signed or issued unlawfully or under false representation; or
   
3. Practice nursing in a period in which the person's license is suspended or revoked.
   

(Nurse) was working in the time period in which her license was revoked. In 01/2016 when the person asked me about (nurse) working, and I looked (nurse) name up then found out on the BON website about (nurse) license being revoked, I immediately reported the situation to my Director of Nurses who is no longer working at (nursing home). The very next day, (nurse) was put on a leave of absence.

In 02/2016 (nurse) came back to work with a reinstated license.

I have turned this information into the appropriate authorities for (nurse) violating the Nurse Practice Act, which is still under investigation.

However, during the time in which (nurse)'s license was revoked (48 days), (nurse)was passing medications when (nurse) didn't have a license.

The problem I have with this situation is that (nurse) was working on the clock, earning LVN pay, and passing medications to Medicare and Medicaid insured residents during the time period in which her LVN license was officially revoked, in which case (nurse) was not even a nurse” passing meds.

I've reported this to the appropriate people, but I am still very nervous to work with her. I make sure and cover my ass 100% of the time I am working, so that (nurse) doesn't try to do anything.

My questions are, what trouble can this nurse be in for doing all this, and when (nurse) worked all that time with a revoked license passing medications, why did the state let (nurse) get the nursing license back, unless they didn't know (nurse) was working all that time with a revoked license?

(Nurse) was recently accused by a nursing home resident for switching Tylenols for the Tylenol #3's the resident was supposed to have.

[nurse2be13]

Worry about your own license.

[C23gregory]

I agree with last poster *** is your problem? you yourself said her dwi was dismissed, and usually those questions state HAVE YOU BEEN CONVICTED OF, and according to you this was before it got dismissed and was pending which meant she had only been charged

[neuron]

Worry about your own license.

What I don't understand is why nurses (for what I perceive as) undermine other nurses. The OP is obviously concerned about the patients' concerns and ethical behavior of the nurse.

[TriciaJ, RN]

I'm trying to sum up: While being investigated for a DUI she left that part out on her license renewal. BON found out and license was revoked. DUI charges were dropped and license subsequently got reinstated. However, she did work as a nurse during revocation period. Her employer was more in the wrong than anyone at that point; the onus is on them to ensure everyone has a valid license.

It's pretty much water under the bridge now; unless you want to report your employer to Medicare, etc. She still did possess her skills when passing meds unlicensed; it was more illegal than unsafe.

Now someone has accused her of switching meds. Not much evidence to go on. Someday you may be accused of something silly. Try to back her up unless she gives you a solid reason not to. Your concerns at this point sound like nursing school-generated paranoia. it takes a while to get over that.

[Davey Do]

Any endeavor to assure safe practices of Staff and adequate provision of care to Patients needs to be not only supported, yet given accolades, Nursedaughtermother.

Objective documentation and informing Superiors in the chain of command are the first steps in resolving any issue. If the situation is not adequately resolved, objectively informing outside entities is an appropriate maneuver.

Once we have done everything we could do within reason, we need to continue to prudently practice our professional duties, let go, and let the forces that be fulfill their responsibility.

The very best to you, Nursedaughtermother!