Public Reprimand.. implications?

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Specializes in LTC/SNF.

Hello, I am a licensed nurse in AL and currently working in LTC as the 2p-10p CN for a unit split between COVID and non-COVID residents (since March). I have been dealing with an issue from a family member since July and would like some input as none of my nurse friends have dealt with this kind of situation before. 

In April, I was treating a resident with COVID who was in poor condition. We received an order from their MD to hold all of their RA medications including a monthly Simponi injection. The order was then received to resume those medications in May. The facility does not receive these injections from our pharmacy, instead, the resident's daughter brings them from an outside source when she is in town for a visit. We have no way of logging these injections into the facility to know what we have on hand. They are simply handed over and placed in the fridge in the med room. In July, the daughter began calling the Ombudsman on various issues, one of them was to file a complaint that her Mother's injection had not been given in either May or June and of course I was questioned as such. I stated then that I knew I had administered June's injection, but could not recall May's as April, May and June were our hardest hit months with COVID. I had multiple discussions with my DON and RM on the issue and opted to complete Med Error inservices to have on file. After a couple of months my DON pulled me aside to notify me that the daughter was continuing to push the issue and that she had been instructed by the Ombudsman to report me to the BON. I was contacted by the Board and asked to provide a statement via email. Everything stated above was stated to the investigator. That was the only correspondence I had with them. Two months pass again and I received a Consent Order from the BON outlining a $300 fine and the issuance of a Public Reprimand pending their ultimate approval after executing the documents. The Consent Order stated that I could also opt for an Administrative Hearing, but I cannot afford an attorney for such. I was told by the legal department within the Board that the Reprimand is indefinite and will never go away.

So I'm wondering, has anyone ever dealt with anything like this? At this time there is no discipline attached to my license, I submitted the executed Consent Order in mid-October. Am I stupid for hoping for some sort of reprieve from the Board when they review the Order again? And if I do end up with this discipline, however "minimal", does anyone know of the lasting implications this can have on a nursing career?

I will appreciate anyone's input here! Thank you!

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Specializes in Wound Care, Med-Surg, Rehab.

Are the injections not documented in the MAR? 

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Specializes in ER.

It is disgusting that this daughter pursued this so vigorously. It's amazing what people will do in the middle of a national crisis of pandemic proportions. She proactively decided to add to everyone's level of misery. I am sorry that you were the victim of her aggressive actions.

 

 

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Specializes in ICU/community health/school nursing.

I know you say you cannot afford an attorney - but I would tell you to do whatever it took to not have a reprimand on your licensure. You also correctly identified that you don't want to go to the administrative hearing alone. 

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Specializes in Vents, Telemetry, Home Care, Home infusion.

It's in your best interest to call an attorney with experience before the Board of Nursing for advice to protect your license from  board actions that will impact future career.  The American Association of Nurse Attorneys is a good resource. 

Once you have a public reprimand it is permanent part of record, viewable by employers and needs to be reported to other states that you may be licensed.  

There should be a physician order for monthly Simponi injection.Your facility should receive a corrective action too for not having a policy to account for receiving med from outside pharmacy/family including med being listed on MAR along with admin date. 

Your malpractice carrier should have been consulted on this issue too.  No --see Insurance for your license  thread for info.  Best  $119.00 I spend yearly.

 

 

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I'm late to the post, here, but....how in the world did this get to this point?

I believe your facility has thrown you under the bus and driven it completely over you.

 

On 12/23/2020 at 12:08 AM, ALnurse85 said:

In July, the daughter began calling the Ombudsman on various issues, one of them was to file a complaint that her Mother's injection had not been given in either May or June and of course I was questioned as such. I stated then that I knew I had administered June's injection, but could not recall May's as April, May and June were our hardest hit months with COVID.

Why was any of this dependent upon your recall?

Is there no record of what did or didn't happen?

 

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Specializes in Long term care.

Hello, 

I am also in similar situation right now. My license was investigated and my former employer did all this, something which wasnt my fault 100%. It was employer’s fault as well. But they escaped and blamed all on me. Now the BON has reprimanded my license and wants me to do a 3 hours education course on nurse ethics, which I don't mind, but my only concern is will this stay on my license as a tag forever? Will my potential employer be able to see all this when they do a background check? I am so stressed out . don't know where to go and what to do. This is the last thing I want to know at the middle of a pandemic, we did all the sweat work and got paid with a punishment. Feeling hopeless.

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Specializes in Vents, Telemetry, Home Care, Home infusion.

Licensing boards reprimands are forever on file, reported to health facilities verifying license status + viewable on state websites as states have a "duty to protect the public".

Example:

Under PA Disciplinary actions January 2010  randomly chose         PA Board of Medicine  license # MD052446L   -- doctor did not complete required 100hrs continuing education,  board issued a reprimand with civil penalty and 7 hours of continuing education requirement in addition to 100 hrs. CE.    Under  PA's  " Verify Professional license"  still shows 2010  information WITH an active license.

Boards will report when their  actions complied with by licensee and along with license status active, probation, suspended or  revoked.

Once you have completed BON requirements and reported completion to the board, would make one hireable in my prior health system for this issue.

Best wishes moving forward..

 

 

 

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Specializes in Long term care.

Hello NRS,

Thank you for the reply. I really appreciate it. 
 

Do you think LTC  would hire someone with this tag? I never want to work in a hospital, always wanted to work with old age people, so just asking, have you ever seen any LTCs hiring nurses like me.  
 

Also, I havent signed a stipulation yet, so can I approach the board for negotiation or is it too late already as they have set that in paper? 

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