really disappointed after my trip to the BON

Nurses General Nursing

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We had our nursing school's "field trip" to the BON this week. I have to say it was so disappointing. I went in with the idea in my head that it would be fair and professional, but in fact it just seemed like the board was very biased against anyone with legal representation, and like their rulings were very arbitrary.

The first case we heard was a new RN who had recieved a DUI 2yrs prior to starting nursing school. It was a misdemeanor and she had fully completed her sentence before nursing school. The BON put her on 6mo of drug/ETOH testing when she earned her license. So she had to call daily to find out if it were her day to test. Each of the first 4mo she was in full compliance and had two drug tests each month, all negative. On the fifth month she tested twice, the last time on a Friday. It was the last week of the month. Over that weekend she moved, she was 8mo pg, and that Mon. she forgot to place her call into the testing system. As soon as she realized (with a couple minutes of it shutting down) she called those she was working with at the BON, but it was too late. She was given a "positive" drug test even though her number didn't necessarily come up. Her argument was that she was under the impression that she had to take two per month, and that she just completely forgot but thought she was fine since she'd already done two clean tests that month.

The BON suspended her license for 3mo, gave her a $1000 fine, and reinstituted 6mo of drug/ETOH testing.

The next case was an LPN who worked at a hospital and told the RN that pt x needed his demerol from the pyxis and the RN retrieved it for her. The following day the same thing happened except shortly afterward the LPN started acting intoxicated, making odd statements, and threw up. She tested pos. for demerol. Turns out there was no order for demerol at all.

The BON did not suspend her license, didn't fine her, nothing. She got put into PEER assistance. That's it.

To me it was just shocking that a nurse could lie to the RN to get the drugs, and take them ON HER SHIFT, clearly putting pts in real harms way and she just got put into PEER, and this other nurse has not had a single instance r/t drug/ETOH use/abuse as a nurse, or even in the couple years leading up to her licensure and she actually got a suspension with a big fine.

Do you think it was because she was an RN and the second was an LPN? It just seemed like the rulings were completely arbitrary and so unequal :down: I was honestly really disappointed because I expected the board to be tough, and after the first case I thought "wow, they really are tough" but I expected them to be tough on everybody. It seemed like if you tried to make a case, your penalty was very harsh, but if you just worked out a deal, you got off easier. Some people seemed to get off with a slap on the wrist, and others more harsh, but they were all lighter than the cases that were fought by the nurses. But what if you actually feel the charges by the BON are unfounded? You just take a deal anyway?

Specializes in PACU, ED.
don't think it should be any of the bons business if you got a dui or any other crimes that is not related or affects your work as a nurse.

unfortunately addiction does affect work as a nurse and bons do not differentiate between the substances abused (although caffeine and nicotine get passes). dui is seen as an indicator or addiction. it may seem draconian but drug and alcohol addiction are treated alike. i'm glad that most if not all states have programs for nurses so that they can get treatment, keep their license, and continue to work if they are able to stay clean.

sunflowerinsc, i don't think it's fair to dismiss someone's ideas based on their age. that shuts down discussion. all of us have things we can learn.

Specializes in Acute Care Psych, DNP Student.

What I find interesting is how some other boards for other professional licenses outside of health care tend to be more strict. For example, I have an insurance license. In my state, you cannot get an insurance license if you've ever had a felony in you entire life, no matter how old. However, in this same state, our BON will issue nursing licenses, in most intances, as long as the applicants' felony conviction(s) are over five years old.

Also, in my state, you cannot get a realtor's license if you have had a DUI. The conflict is obvious - realtors drive clients around. There's no provision for testing or second chances. Just license declined or revoked.

Some might want to consider that our BONs may be more leniant than we realize.

Specializes in ICU.
I think the RN with the DUI was treated fairly. I think that the LPN who lied to get Demerol then used on the job was let off with a slap on the wrist.

From the cases I am aware of, I do think BONs deal with RNs more harshly.

I think you all don't realize what the "peer assistance" entails. The program in itself is very harsh. However, it is so strict that if you want to continue to be a nurse, you MUST recover. SO, in a sense, it is punishment AND recovery at the same time. It is not just a slap on the wrist.

I will repeat,, it is NOT just a slap on the wrist. By far, it is not.

Specializes in medsurg radiology endo ICU & staff-dev..

I'm very curious. The BON you describe sounds remarkably like the Colorado BON. Despite your age, your observations were very astute. My sister has an issue that has spanned the last 4, soon to be 5 years. Her nurse attorney told her that the Board does not like it when an attorney is involved and they tend to "come down harder." The attorney also described the Board as "arbitrary and capricious." A question is this, "Is it possible for unjust charges to be brought against a nurse?" If yes, then does the nurse not have a right to defend her/himself? Does s/he not have a right to expect the Board to act with integrity and rational consideration?

I have watched my sister's process unfold from a distance and, for her, it has been life-altering. BONs are comprised of humans who are theoretically guided by the Nurse Practice Act. The substance of the Nurse Practice Act varies from state to state. Some Nurse Practice Acts are 10s of pages long, while others are greater than 100 pages. You can imagine that a less specific Nurse Practice Act would leave more for subjective interpretation - hence, possibly the root of what you observed. I am a RN who is untrained in law and can only speculate.

One nurse put it aptly in an earlier post... you had a great experience before you even started your career. Thankfully, most of us will never have to experience what you saw. It does, however, behoove us to support our state nurses associations and familiarize ourselves with this aspect of our chosen profession. You never know when your number may be the next called!

Specializes in Community Health, Med-Surg, Home Health.
my first impulse was to agree with you....but on rereading it the first nurse, basically it sounds like she tried to lie her way out of it....i think this is what got her in the most trouble......but if she made the call before the day was over, i would have to say...she did her responsiblity...so things are a little strange here

That was how I felt...if she made the call, even if it was a bit late, I can't really see the difference. I am understanding the rationale since I am reading other opinions, but, hey... I would never say that I have trust in the BON, anyhow.

I know two people whose licenses were restricted, one d/t an unproven allegation of being impaired at work, one d/t self-report of drug diversion. Both got the same "sentence" of random drug-testing, monthly reporting, and a narcotic key restriction - both for five years. Both of them were almost unemployable for five years. And the catch is that the five years doesn't accumulate unless employed.

I've never understood how the first person got that treatment when she was never tested. Nothing was ever proven. The consequences almost ruined her. It's made me very afraid of the BON.

Specializes in Community Health, Med-Surg, Home Health.

What I find interesting is that persons can actually sit for these proceedings going by the initial thread. I'd be interested in attending myself, as long as I am not on the receiving end...but, Albany is too far for me to just drop on by. Judging by what this sounds like, I would probably run for the hills and surrender my license out of sheer fear. I really don't trust them, either, to be honest.

Specializes in IMCU.
What I find interesting is that persons can actually sit for these proceedings going by the initial thread. I'd be interested in attending myself, as long as I am not on the receiving end...but, Albany is too far for me to just drop on by. Judging by what this sounds like, I would probably run for the hills and surrender my license out of sheer fear. I really don't trust them, either, to be honest.

My BON just had a session outside of their normal location and invited licensees AND the public to attend. They normally meet in my city. I think it was very cool of them to do this.

I am going to make a point of going to the next open session -- maybe all nursing students should go once?

Specializes in Derm/Wound Care/OP Surgery/LTC.

I would read the Nurses & Recovery forum to get a better feel of what peer review, drug testing, BON mandates, probation, punitive damages, fines, IPN evaluations, etc. are all about. There are no slaps on the wrist, RN or LPN.

Sadly, in nursing, there is no forgiving your past. Sometimes the demons come out of the closet to haunt you in your future. It's unfortunate and unfair...but that's the way it is.

That is what I would tell the 19 year old nurse who was in this discussion. Be careful what you do now...as it can gravely effect your future.

Specializes in Gyn/STD clinic tech.

i do not drink and drive, period.

if i am going out to the 21 and up bowling alley and i plan on drinking even just one cocktail, i take a darn taxi cab.

if i am driving i will not drink, point blank, end of story, the end.

i believe that drinking and driving shows a complete disregard for not only your own personal safety, but the safety of others.

i believe she was fairly treated. you do the crime and you do the time, complete with the consequences that may come later.

Specializes in Community Health, Med-Surg, Home Health.

How was this event arranged? I would like to sit for this myself because it would give me a perspective and probably keep me on my toes. Did the professor arrange this? What state is this (if you are allowed to say)?

I definitely believe that this should be included in all cirriculums to prepare students for the risk. Thanks for starting this thread, it was enlightening.

I don't know how the BON is in other states but here in Georgia the BON duty is to protect the public not help the nurse. Nurses in Georgia pays fees every other year to an agency that has almost god like authority over them.

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