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 Community Health, Med-Surg, Home Health.
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.

NY BON is supposed to be for the same purpose, but to tell you the truth, these are ALL people who have not been working the bedside for many years, therefore have no real idea about what we trench nurses put up with. Can't trust them.

I've seen that the Board is hard put to handle an application for licensure correctly so I know I'm toast if my license ever ends up getting questioned. But of course, one has to first get a chance to get the license from the Board, before worrying about what the Board is going to do to the license if they ever issue it.

i think that explains a lot about the rule that they've had at several of my rotation sites: the nurse who pulls the narcotic, gives the narcotic. i just thought it was that way everywhere. i wish we could go on a field trip like that.

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

Hello:

I wrote earlier and referred to my sister's situation.

Re: visiting a Board meeting. I went to my sister's trial and, later, to a board meeting when they decided on the disciplinary action. The trial was prosecuted by two Assistant Attorney Generals (AAGs). My sister was deposed prior to the trial and on the basis of her deposition, the charges were considerably reduced. That said, the AAGs were out for blood at the trial. There was sniping between the prosecuting and defense attorneys - similar to what you might expect in high school. And, believe it or not, the witnesses for the prosecution were permitted to testify over the phone. I'm convinced they were being coached on the other end as they testified.

My sister's attorney was confident that the judge would dismiss the charges altogether and did not produce an expert witness. Although the judge acknowledged the inconsistencies in testimony (outright lies), he did not dismiss the charges. Instead, my take is that he pretty much referred everything back to the Board. And then the Board left the entire matter of evaluation and recommendations up to Peer Assistance Services.

In my sister's instance, the Board meeting was very lackluster. At the beginning of the meeting, the audience was instructed to remain perfectly quiet and not to address the Board, unless first spoken to by the Board. In my sister's case, there was NO discussion about her case- only a rubber stamp of the recommendations made by Peer Assistance Services, which were recorded in documents and handed out to the other Board members when her case came up. For me, not much was gleaned from the Board proceedings.

From a learning standpoint, there is an organization called TAANA (The American Association of Nurse Attorneys - http://www.taana.org). Their national website has a referral directory. It may be possible to contact someone from a local chapter who would be willing to be a speaker for a school or local group.

Additionally, there is a document titled "Legal Basics for Professional Nursing: Nurse Practice Acts," by Mable H. Smith, RN, JD, PhD. It is available online at the following.

http://nursingworld.org/mods/mod995/print.pdf

The CEU activity is expired, but the information is very good. I wish we were able to locate TAANA and this document early on.

I have no issue with bona fide offenses related to substance abuse and diversion. If you peruse the BON websites, it is shocking to see the number and magnitude of offenses. If you are guilty, it's best to simply "go with the flow." If you are confident that things will sort themselves out because you have done nothing wrong, think again. These processes take a very long time. BON and AAG personnel turnover, just as they do in any organization. You may have a sense that you are making headway with one person, and then another person, a stranger, suddenly has taken over your case. Once things get to the legal stage, there is nothing you can do to stop that ball. The earlier comments about having are also well founded.

Ciao! I love your discussion.

Specializes in Rehab, Infection, LTC.

I have been in the peer monitoring program where i had to call every day for 3 years to see if i had to go pee.

there is NO way in jose that she just missed calling by a few minutes and was given a positive. just wouldnt happen.

i probably forgot to call a handful of times during my contract. each time, i called my peer counselor or the on call counselor immediately and checked in with them. i was always tested the next day when i called unless they told me that it was my day to pee and go do it. the counselors can check for you if you forget to call.

something else had to be going on. my guess...she was not compliant more than once and tried to manipulate the peer people.

of course...i've been known to be wrong. but with my experience with peer...that just wouldnt happen unless it was a continual thing from her.

I would think hormones can drive many of the decisions there. I would hate to be before them for anything!

I would think hormones can drive many of the decisions there. I would hate to be before them for anything!

If not hormones, then inflated egos, or a deadly combination of both. :bowingpur

Specializes in IMCU.

Why don't they rotate some practicing nurses onto the boards? It would make people less likely to suggest that those on the BONs are out of touch.

Just my opinion....

Specializes in Medical.

Among the 8 registered nurses on our Nurses' Board three are definitely current clinicians and I think three are in nursing management roles. I'm amazed that isn't a requirement everywhere, but suppose I shouldn't be surprised - academia and management are sadly so often divorced from the real world.

Don't forget politics....

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

Don't forget the people who work at the Board who do the bulk of the work, including investigations and managing the disciplinary actions. They are state employees. Some are RNs and some are not. They are the people with whom you would be interacting...

Specializes in LTC, Med/Surg, Peds, ICU, Tele.

Can anyone go and watch the BON in action? Are these hearings open to the public?

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