Nurses' Rights

[wishingmary2]

Can a state board of nursing seize an individual nurse's employment file from his/her place of employment without explanation? This is happening to a wonderful nurse I know. No letter has been sent to her. Place of employment does not know why the employment file is being demanded. She is scared to death! If she is being accused of something, shouldn't it be made known to her so she can defend herself or our we at our board's and disgruntled patient's or families mercy with no rights at all. I know another nurse who received a letter from her board of nursing saying only there has been a complaint and that she is to be at the state office on such and such day at such and such hour, no explanation, no way for her to bring to mind what happened by revieweing a chart if she knew who it was about, nothing. Do nurses have any rights? If so, what are they?

[wishingmary2]

Thanks for the response. I printed out the thread and gave it those whose life is being jeopardized. They gave me thanks for writing the original thread. Your responses made her feel less alone and a little better. One has called her nursing insurance company. She said they only pay $150/hr. She is afraid Lawyers cost more than that. As a result of seeing all this, I decided to get nursing insurance too since I was told the hospital would help defend us. As it stands, they refuse to represent these two nurses. Since it doesn't include the hospital, the nurses are on their own. What happened to all the magnet talk? The talk about nursing retention etc. They don't even care! It's all a show.

[diane227, LPN, RN]

If she is under investigation by the board she should have received a letter from the board stating that fact and what the complaint is referring to. Has she moved? Does the board have her correct address? How did she determine that she was under investigation?

If I were her I would not panic. I would call the board and try to find out what is going on and talk to the HR department at the hospital. She does not need to get legal representation until she knows what this is about. Let me give you an example:

As director of nursing I had to terminate a nurse once for giving medications without a doctors order. I reported her to the board which was required in the state of Texas. She went to her board hearing and told them that all nurses under my supervision did this type of thing and I had not terminated anyone else. So the board asked me about her allegation. I had to submit copies of all disciplinary action that I had done with all 300 of my employees to the board. I had to pull this information from their employee files. They were not being investigated, I was. In any case, the entire matter went away, no action taken. But my point is that if they are pulling information from your file it may be for some reason unrelated to you directly.

[wishingmary2]

Yes the board has her address. She found out about the investigation via her manager who told her that her records were being demanded. No word as of yet from the board directly. She is a floor nurse and has no subordinates. I suppose in nursing, our only advocates are lawyers. The nursing community is great though for moral support. She says she feels better now that the shock is over but still worried. Just sitting tight at the moment. She is continuing to come to work though, which is good. Thanks