Anyone else being GPS tracked?

Nurses Recovery

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Lisacar130

379 Posts

It's easy to say get rid of your smart phone however I believe they can mandate that you have a smart phone. After all, these programs are voluntary. If they want me to dance around town with the Santa hat every Tuesday I guess I'd have to do it. I don't agree with mandating meetings period (beyond maybe a few in early recovery) but it is what it is. I don't want to go to meetings with people that are forced to be there and it takes away from the whole philosophy of the program to make it forced. But yeah I think they legally can do this.

Specializes in OR.

I thoroughly disagree with the mandating meetings also for the same reason that Lisacar states. As someone stated earlier in the thread, there is legal precedent that says forced attendance in the criminal justice system is a violation of the separation of church and state (although given the number of court required attendance slips in the donation basket that meeting moderators have to sign, that precedent seems to be duly ignored.) Unfortunately, as much as it may seem, we are not in the criminal justice system. As it also seems, these programs also seem to get away with pretty much anything they want. Having said that, there is nothing in my contract that requires me to have a smartphone or to keep said smartphone's tracking software running. They may change the participant manual from time to time but requiring that big of a change seems like that would require a change to the actual language of the contract, which would require the signing of a new contract which ain't happening without my attorney's input. So there!

Also, can not several people in recovery meeting to perhaps do big book discussion constitute an AA meeting. Just because it does not appear on the Local AA chapter's monthly calendar does not mean it was not in fact an AA meeting. How do you log that on a GPS thingy?

NurseDiane

298 Posts

No they can't. If it is not in your contract, they cannot make it a requirement. If they want to monitor your location, I would tell them that I want a new contract drafted, DO NOT AGREE OVER THE PHONE OR IN A LETTER THAT YOU AGREE TO THIS, including a requirement for the BON (or whoever is running the program) to have access to your cell phone GPS & location services at all times (because once you "sign in" with the GPS app, that opens your phone up for them to watch you). Then, if the BON agrees to do that, when you receive it, take it right to an attorney's' office--the BON has no right to monitor your location 24/7 or take away your 4th Amendment rights. You are not a criminal. Monitoring a nurse is one thing---and those requirements have far over reached what they should be allowed to do in the first place---but mandating that they have access to the GPS app on your phone & every move you make is ********. Plus, by doing this you are opening your cell phone up to being hacked by the BON and/or whoever is running the monitoring program--they'll get in & read your emails, your text messages, & everything else you have on your phone. I would make a copy of the contract, which includes the provision that the BON wants access to the location services app on your cell phone & pen a letter to your state legislators, making them aware that the BON is violating your 4th amendment rights. If the BON refuses to put in writing that you are required to give them access to the GPS app on your phone, they can't make you do anything. You signed an agreement, consenting to the requirements described in the contract and THAT'S IT. The BON cannot force you into doing something that is the equivalent of a GPS monitoring bracelet for someone on parole/house arrest. That is ******* ridiculous. I would never agree to something like that. NO ******* way.

NurseDiane

298 Posts

I said pretty much the same thing before reading your post. When the BON starts infringing on a nurse's 4th Amendment rights, they must be stopped. Nurses in monitoring programs are not criminals, the BON is not a court that controls felons & are not permitted to put a nurse in the equivalent of an ankle GPS device for criminals on parole/house arrest. If BON's want to start doing **** like this, taking away nurses' 4th Amendment rights to reasonable expectation of privacy in their personal life, it must be put in every single consent agreement---and attorneys would be all over this like white on rice. If the ACLU got wind of it, that would be great!!!

NurseDiane

298 Posts

I would tell the BON that if they want to violate my 4th Amendment rights to reasonable expectation of privacy in my personal life, they'll have to sue me in federal court & have a damned good reason for doing it. I'd let them know that I would be contacting the ACLU & major news media to see if this requirement is lawful or not.

As it is, I think somebody should report this to the ACLU, attorneys that defend professional licenses & major media outlets. This is the perfect example of government over-reach that must be stopped.

NurseDiane

298 Posts

If Im using my personal cell phone then they better be paying for that bill. If not, and for many other reasons, then hell no

You're damned right. They have no right to any access of your personal cell phone. If they want to start monitoring nurses, they're going to have to give out some sort of GPS tracking devices---but not before defending themselves against a lawsuit brought against them for violation of civil rights. BON's are not criminal courts. Nurses in monitoring programs are not felons, not on house arrest & not on parole. Who in the hell do they think they are by requiring nurses give them access to their GPS/location services on their cell phones, 24/7?

FloridaBeagle

217 Posts

Specializes in Peds, Neuro, Orthopedics.

I would refuse. Period. If they want to play hardball, contact the ACLU.

Not everyone in the world owns a cellphone. If they want to require everyone have phones and this ap, they better pay for it, otherwise that sounds like a civil rights lawsuit to me, discrimination against low-income individuals.

This is insane!

This is what is needed; Nurses saying enough is enough. What they probably want you to do is sign an addendum to your contract which will not be your contract, but a printed paper. I'm sorry to say, Nurses have to become proficient in reading what we sign, being extra cautious, and diligent in protecting ourselves and our profession. I am familiar with ISNAP/or whatever they have changed to, and know and understand that they are a business. Not saying that they are not caring, but am well aware of certain changes in their regulations/policies at the drop of a hat. What fits for them may not fit for the 'Client'. The IN BON overseas ISNAP. The BON is also a business, money in...and out. They look out for the bottom line, just like any other business. Hard to imagine having to have a GPS monitor my wearabouts. It's gone too far! I would be kind and not cause a ruckus, but would ask questions, taking names. Ask if you have another alternative, ie: someone to sign you attendence sheet. Then contact your legislature informing of your discontent with having to agree to something that you feel takes your rights away. All in all, which I learned the hard way, know what your signing and have them explain step, by step. A copy of everything you sign. The Board and Nurses Recovery programs know you fear them, that is their advantage. Being educated on what your signing, and the laws that make up both entities, gives you a leg up. Each State has their own policies, procedures, and Acts. Good luck. Please let us know how things go. Our situations and experiences do help others.

Nunya, BSN

771 Posts

Specializes in NICU/Mother-Baby/Peds/Mgmt.

Can you delete the app in between meetings and then reinstall it right before a meeting? It would be a pain but...and if you turn location services off on your phone would the app override that?

Another thought. The GPS company is a third party. Third parties aren't involved unless they are making money. If ISNAP's policies reflect no other information will be used than for the purpose noted, that is ISNAP's policies. Make sure, if possible, to get a signed legal type statement from ISNAP that the third party that is monitoring the GPS only uses the information for that purpose, only. Other third parties have used the information for their own use, selling the clients information. It is sad that we need to be that aware of what our information is being used for...Profit.

Specializes in OR.

There is so much profiteering wrapped up in this **** that it stopped being funny ages ago. Aside from the programs themselves, every other "3rd party such as the testing companies, the 'approved evaluators', the 'approved rehabs', the 'nurse support group' etc. etc. Every where I look, somebody has thier hand out for money from me. That, I suppose is how the programs get away with stating that there is no cost for program participation. You just have to pay for "associated costs"...which are enough to buy a car with...

Anyhow, with all these '3rd parties'. To what end is all our information used for is a very good question indeed....there are many claims to confidentiality...but well, forgive me if this experience has destroyed my ability to trust anyone....:no:

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