Safe Harbor

Published

I just finished reading a newspaper article about three ICU nurses, in Texas, who were fired for refusing to take on three patients. One of the nurse's complained that she was assigned a fresh CABG, that was located some distance from her other two critically ill patients. The other two nurses had similar complaints. Perhaps someone from Dallas can give us all some more information. Texas has a portion of their law called Safe Harbor. And nurse who feels she is assigned an unreasonable, unsafe number of patients can put her objections in writing and it will be reviewed, I believe by the Texas BON. But the nurse must continue to work in what she considers an unsafe patient environment until the review is done and a report issued. I may be a bit dense but how does this protect both the nurse and the patients she is responsible for?

It has been years since I worked in ICU and I was assigned to a room, that held four patients. Frequently I was the only nurse assigned to that room. My patients were on vent, multiple IVs, fresh post ops in critical condition, car accident survivors. And if I was assigned to the end room, I was responsible for one of the two dialysis patients receiving dialysis. It was a mad house and the two years I did it, I was fortunate that no patient die because I was the only nurse assigned to the room.

Is this the way that state nursing boards protect their nurses? It looks to me as if they are protecting the employer. And they certainly are not protecting the patient. Last July, when I spent twenty-one days in ICU, I was fortunate to have one nurse assigned to me from 7AM to 7PM. And from 7PM to 7AM, I share my nurse with another patient. I never felt that my life was placed in any danger but if I had been one of those three Texas patients, not only would I have been in danger but so wouldn't have been my nurse. I thought that staffing in ICU was suppose to be 2:1. Not 3:1 or 4:1. Is this par for the course, these days?

Woody:balloons:

From my (admittedly limited) experience with Safe Harbour and from witnessing a few others request Safe Harbour, when a nurse actually fills out a Safe Harbour form, the unit (including it's management and whomever is making the assignments) is then investigated and penalized if they are making unsafe assignments. This investigation leads most nursing units to change assignments around to improve the situation and have a nurse not have to fill out a safe harbour form. In my situation, when I requested it, my manager was called in for a night shift to take patients and improve our nurse to patient ratios. We also closed our unit to transfers.

While the form itself really only protects a nurse and doesn't do much for patient safety (which sucks) in hospitals where the use of Safe Harbour is closely monitored and investigated, a lot of units make the necessary accomodations to prevent the form from being utilized in the first place ... so that process, in a way, does help improve patient safety.

Specializes in Case mgmt., rehab, (CRRN), LTC & psych.
Is this the way that state nursing boards protect their nurses?
State BONs are in existence to protect the patients, not their nurses. There is no state nursing board in existence whose ultimate aim is to protect their nurses.

If any nurse on this website truthfully believes that state BONs are in place to protect nurses, then please do yourself a huge favor by disabusing yourself of that incorrect assumption immediately!

Specializes in Med-Surg.
State BONs are in existence to protect the patients, not their nurses. There is no state nursing board in existence whose ultimate aim is to protect their nurses.

If any nurse on this website truthfully believes that state BONs are in place to protect nurses, then please do yourself a huge favor by disabusing yourself of that incorrect assumption immediately!

True.

This should be the role of the local, state and national nurse's assocations. But they fail us as well.

Specializes in icu, er, transplant, case management, ps.

Now I am completely confused. The BON exist to protect the public and not the nurses. The BON expects nurses to continue to work in unsafe areas, while they investigate the nurse's complaint of the violation of 'safe harbor.' The BON protects the patient by mandating the nurse remain in an unsafe work situation.

My understanding of the role that a BON plays is to set the minimum educational standards that a program must offer in nursing education programs. The BON has developed the standards in their Nurse Practice Act, which defines what a nurse is allowed and expected to do in terms of clinical practice. The BON maintains the license status of each nurse, awards licenses, monitors CEU's if required. Investigates any complaints concerning individual nurses, hold hearings to determine if charges are true or untrue and the type of punishment, such as suspension of a license or revocation of a license. And according to some, the state nurses association is suppose to be the one who protects nurses from the BON and employers.

Now I am completely confused. And I have realized why I haven't returned to bedside nursing. There is no one out there to help protect me from unsafe care practices. An employer can put me in an unsafe situation and pay a fine if found guilty and be monitored for a while. I can't walk off the job or I will be charged, by the BON, with patient abandonment. So, nothing has really changed. Nurses continue to be put in unsafe clinical practices, patients continue to be potentially harmed. And the only two people to benefit are trial lawyers and the BON by fines.

Yikes

Woody:uhoh3:

Please someone tell me I am wrong.

Specializes in Case mgmt., rehab, (CRRN), LTC & psych.
My understanding of the role that a BON plays is to set the minimum educational standards that a program must offer in nursing education programs. The BON has developed the standards in their Nurse Practice Act, which defines what a nurse is allowed and expected to do in terms of clinical practice. The BON maintains the license status of each nurse, awards licenses, monitors CEU's if required. Investigates any complaints concerning individual nurses, hold hearings to determine if charges are true or untrue and the type of punishment, such as suspension of a license or revocation of a license. And according to some, the state nurses association is suppose to be the one who protects nurses from the BON and employers.
Yep. And all of these measures are in place with the predominating goal of protecting the public.
Specializes in icu, er, transplant, case management, ps.
Yep. And all of these measures are in place with the predominating goal of protecting the public.

[And if the BON doesn't protect the public from the negligent actions of a nurse, who is suppose to? And if the BON is setting the education standards, who is suppose to? Each individual program? And who is suppose to license nurses if the BON doesn't? Or perhaps we shouldn't be licensed. It sounds like some are upset with BON doing their mandated jobs. The only issue I have with the Texas BON is it's interpretation of the Safe Harbor Act. Instead of protecting the nurse and patient, it sounds like they are more committed to protecting the hospitals. At least that is the way it looks to me.

I had an action with the Florida Board of Nursing back in the 1980s. One of our employees had to have her practice supervised for six months because of a mistake she made. She worked evenings in a clinic. To save the doctor time, she signed his name to a handful of prescriptions, which would then be filled out with the medication. A CNA took several of the blank but signed prescriptions. She filled them out, using my employee's name and went to have them filled. Let me just say, the name on the prescription and the race of the individual filling it, were not possible. That is how they caught her. That is how my employee got suspend and then had to be monitored. It was a waste of time for me to monitor the nurse but it was what they demanded. I would have been more impressed if the Florida BON had an impaired nurses program but at the time they didn't. They didn't for another couple of years.

Woody:balloons:

I don't see how the TX Safe Harbour protects the hospitals ... it is my impression that the only thing it does is protect a nurse's license in the event a sentinel even occurs. Could you explain what you mean about it protecting the hospital?

Texas also has an impaired nurses program, called TPAPN (something like that.)

Specializes in icu, er, transplant, case management, ps.

Color me prejudice against hospitals. Can't help myself after having been in hospital administration, dealing with hospital administrations as a case manager and dealing with hospital administration when mt dad received poor care. Do you really think that a fine the Texas BON might impose on a hospital is going to make it mend it's ways? I don't. Why? I once warned our CEO that we were in danger of being fined five million dollars by the state of New York, for inappropriate admissions, some lasting ten years. He laughed and told me that the BOH would fine us, we were owned, operated and funded by the Department of Education, NYS. We were fined the five million and it was taken right out of our operating budget. There was hell to pay, trying to find ways to replace that five million dollars.

So far, I haven't read a thing about the hospital in Dallas being investigated or fined. I have read about the three nurses being fired. I have read them being taken to task for their actions by a few. I didn't read of any remedial action being taken on the hospital's part to correct the situation or protect the patients.

My comment about Florida not having an impaired nurses program. Back in 1983 I noticed that there were a larger then normal group of nurses, here in Florida that appeared to have drug and alcohol problems. I and several other nurses got together, approached the BON as well as DON's of several major medical center's around the state, about setting up an impaired nurses program. The BON saw no need for one. And the DON's denied having any impaired nurses on their staffs. Of course they didn't. They fired them and kept quite. It took a few more years for Florida to recognize the problem.

Woody:balloons:

Specializes in ED, ICU, PACU.

A nurse files a safe harbor form to have the hospital's peer review commitee look over and deal with the complaint. The form does not go before the BON to make a decision. Yes, it only protects the nurse's license from the particular event, not for the general conditions they would have on a unit. Neither does safe harbor protect the patient in any way, since the nurse must work that unsafe assignment [this is why I think those nurses did the right thing in not accepting an unsafe number of patients]. The nurse would still be liable for a malpractice suit if that unsafe assignment caused a patient harm; yet, a defense for that that lawsuit could be established by invoking safe harbor-best to have your own if it comes to this. Also, the peer review commitee does not have to immediatly take the issue up (there is some time I cannot recall off the top of my head). This enables the hospital to let the nurse go (fire him/her) for some other reason-remember at a right-to-work state you can be fired for any reason that does not violate federal laws (eg: age, race, religion, disability...) Only if you get and pay up front for a lawyer, and then, can clearly prove the sole reason that you were terminated was due to the filing of the safe harbor form, will you be able to win a wrongful termination suit. The usual remedy for this suit in TX is to be reinstated with payment of back pay. Shortly after you return to work, be expected to be fired for cause (be it a true reason or not). This is how safe harbor works. I know of 3 people that have invoked safe harbor and no longer work in Texas because of blacklisting. It is a joke and a slight of words used to make a nurse feel safe in taking an unsafe patient assignment or load. Hospital's only fear it because they might actually be liable if a patient (or survivors of a patient) brings a lawsuit because they cannot shift responsiblity onto the nurse if safe harbor was invoked and that nurse's assignment could then become public knowledge. Those Texas nurse's bypassed things and made the conditions public knowledge-where it should be to enable patient's to have true informed consent when they enter the doors of a hospital for treatment.

Specializes in Hospital Education Coordinator.

Both Safe Harbor and Texas Peer Assistance Program for Nurses (TPAPN) were introduced as a bill to Texas Congress years ago by the Texas Nurses Association in an effort to afford the nurses some protection. They are now laws. EVERY BON is designed to protect the public. There was a time when anyone could be called a nurse simply by doing nursing tasks. Licensure was not always required or there were inconsistencies in the level and type of education required to be licensed. That is why we have BON's. As for the hospitals, Safe Harbor does not protect them directly, but since they know it exists they are more likely to avoid situations where nurses will claim Safe Harbor. TPAPN allows impaired nurses (due to drugs, alcohol or even situational mental aberrations like a death in the family) who make bad decisions keep their license if they go thru a particular program. Beats being fired and losing your license all in one fell swoop. The most "protection" a nurse has is education - about their nurse practice act, standards of care, chain of command and policies/procedures.

Specializes in ICU, SDU, OR, RR, Ortho, Hospice RN.

Well I have not heard of the term Safe Harbor until this evening.

Yikes for those nurses that night I think I would have gladly filled them out. :uhoh21:

Specializes in icu, er, transplant, case management, ps.
A nurse files a safe harbor form to have the hospital's peer review commitee look over and deal with the complaint. The form does not go before the BON to make a decision. Yes, it only protects the nurse's license from the particular event, not for the general conditions they would have on a unit. Neither does safe harbor protect the patient in any way, since the nurse must work that unsafe assignment [this is why I think those nurses did the right thing in not accepting an unsafe number of patients]. The nurse would still be liable for a malpractice suit if that unsafe assignment caused a patient harm; yet, a defense for that that lawsuit could be established by invoking safe harbor-best to have your own liability insurance if it comes to this. Also, the peer review commitee does not have to immediatly take the issue up (there is some time I cannot recall off the top of my head). This enables the hospital to let the nurse go (fire him/her) for some other reason-remember at a right-to-work state you can be fired for any reason that does not violate federal laws (eg: age, race, religion, disability...) Only if you get and pay up front for a lawyer, and then, can clearly prove the sole reason that you were terminated was due to the filing of the safe harbor form, will you be able to win a wrongful termination suit. The usual remedy for this suit in TX is to be reinstated with payment of back pay. Shortly after you return to work, be expected to be fired for cause (be it a true reason or not). This is how safe harbor works. I know of 3 people that have invoked safe harbor and no longer work in Texas because of blacklisting. It is a joke and a slight of words used to make a nurse feel safe in taking an unsafe patient assignment or load. Hospital's only fear it because they might actually be liable if a patient (or survivors of a patient) brings a lawsuit because they cannot shift responsiblity onto the nurse if safe harbor was invoked and that nurse's assignment could then become public knowledge. Those Texas nurse's bypassed things and made the conditions public knowledge-where it should be to enable patient's to have true informed consent when they enter the doors of a hospital for treatment.

Thanks for your indepth explanation. I am surprised that Florida has not passed something similar, being a 'right to work state.' The way nurses here act, they wouldn't be likely to file it, even if it happened here and was covered. The nurses here are afraid to say boo, let alone file a 'safe harbor' report. Or atleast it has been my experience for the past twenty-three years.

Woody:balloons:

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