Nursing Board Mental Health

With no empirical knowledge in this area, divaLady, anything I could relate based on the given information is conjecture, but for the sake of discussion...

If a "suspected mental health issue" led to behavior that was objectively and consensually viewed as being professionally aberrant, that inappropriate behavior could result in the suspension of a license.

In the same way, if the "publish(ment) that the nurse is suspended" is a consensually objective fact, then it is likely the board could publish that fact.

The provision of more information might result in better and more specific responses.

In having worked with many professionals diagnosed with depression, and one diagnosed with schizophrenia, the diagnoses alone were not grounds for the suspension of their licenses.

Now, had those professionals behaved in such a manner that would call their abilities into question, and a subsequent investigation found that the diagnoses were the cause for that behavior, then the licensing entities could appropriately act accordingly.

I sense a hesitation in providing the specific facts of the case is a case here, and that is understandable. None of us prefer to air our dirty laundry in public if it can be avoided, but in order to give a specific response, case specific facts need to be known. Otherwise, as previously stated, it's all conjecture.

divalady said:

More specifically putting in the suspension notice that the nurse is suspended due to a mental health issue such as depression or schizophrenia...

Yes.  All state issued professional licenses  (nurses, physicians, plumbers, architects, etc.) start/end date along with disciplinary or corrective actions are reportable and viewable to the public as part of public safety; this includes suspensions. 

When I was Central Intake Manager in a home health agency, I had the pleasure of checking our 10,000+ physician database monthly to ensure their license was active, so read monthly PA 's Disciplinary Action report    Greatly surprised to find one of my own physicians on the list for sexual misconduct.

Random PA Board of Nursing disciplinary actions from 2022-2023:

• "automatically and indefinitely suspended for no less than three years, immediately stayed in favor of probation, retroactive to May 8, 2020, because he is unable to practice professional nursing with easonable skill and safety by reason of mental or physical illness or condition or dependence upon alcohol, hallucinogenic or narcotic drugs or other drugs which tend to impair judgment or coordination and because he violated a lawful Order of the Board."
• "was indefinitely suspended for no less than three years, immediately stayed in favor of probation, because she is unable to practice professional nursing with reasonable skill and safety by reason of mental or physical illness"
• "was indefinitely suspended for so long as he is enrolled in Drug Court/Probation in New Jersey, but in no event less than three years retroactive to October 21, 2021; immediately stayed in favor of probation; because he is addicted to alcohol, hallucinogenic or narcotic drugs, or other drugs which tend to impair judgement or coordination, or has become mentally incompetent"

It is a matter of fact when one cannot adequately perform their professional duties, they need not be allowed to do so.

For example, I have supination of my right wrist, and when I was breaking into the OR, found it difficult to glove surgeons. One surgeon, a chronic malcontent, complained to the supervisor about my gloving technique, so I worked on strengthening collateral structures in order to adequately perform the task.

However, had I not found an adequately alternative method, the hospital would have been within their rights to discharge me from that position due to an inability to adequately perform my duties.

I sense this is a case of putting personalities before principles, when just the opposite needs to happen.

When we feel a personal connection to another, we often empathize when we perceive a wrong has been done to them. However, no matter after how we feel toward someone or their situation, we need to acquiesce and accept the black & white facts.

Otherwise, we are making them and/or ourselves victims, which is emotionally stagnating.

A professional state board takes action only after a complaint has been made to them, investigated and issue confirmed.  So a nurse with a medical/physical problem without a performance issue will usually not have  contact from a board of nursing.

A suspended license can be stayed or reinstated upon resolution of initial issue and performance is no longer a concern.   If a doctor has determined nurses fitness to practice, the nurse should seek legal counsel to submit evidence to board of nursing to  get license reinstated to active status.   After reinstatement,  be aware that disciplinary action still will be listed on state license verification website

I kept a downloaded pdf  file of any physician in our electronic medical record (EMR)  that had disciplinary history or sanction check as proof why I end dated their license and unable to accept for home care or that their license reinstated and able to accept their orders, updated license dates in EMR.

Know a colleague with Bipolar disorder that had a manic episode while at work,  was hospitalized and returned to position without any report to nursing board as work performance was not effected along with seeking adequate treatment and follow-up care.

divalady said:

I don't think being suspended and going through peer assistance was the issue so much as the board publishing nurse x suspended for medical condition outlined in law xyz. It seems that is a privacy violation into someone else's health.

The best way for you to know this is to go to your state BON's discipline page and see the kinds of things nurses (In your state) are disciplined for and how those things are published. In my own state the general language stresses the unsafe practice not a specific mental health diagnosis. I have dealt with Major Depressive Disorder for two decades and in my humble opinion if nurses got suspended for being depressed the nursing shortage would actually exist. 

Hppy