Texas BON mental health question. To disclose or not disclose?

[Mortaaaay]

So, last hear I went through a horrible breakup and was very stressed about my new job. I have terrible PMS and got very anxious and restless around the time of my period and then would be content and happy during the times I don’t have my period. I have always had trouble sleeping but it got worse when I broke up with my ex and I had a tendency to obsess about my ex and wasn’t able to sleep as well as I normally do (we dated for seven years and almost got married and he left me for another woman) and I needed sleeping meds. I also would have racing thoughts and I would get so exhausted I would sleep for 16 hours.

So, I went to the psychiatrist and she said I had bipolar disorder and put me on lamictal. I really disliked the medication as I just was tired and after working on myself and ridding myself of my partner and building a better life for myself I have learned that I was anxious in general (which I deal with by exercising and breathing exercises) and probably get depressed at times because of life and my job (I work nights and sleep tons on my days off).

I didn’t go back to the doctor after the first three times and literally I have never done anything reckless with my life or missed work or made mistakes because of this.

So I’m renewing my license and it asks about being diagnosed with various psych disorders (bipolar disorder being one of them) “which impaired or does impair your behavior, judgement, or ability to function in school or work.”

I want to check no because it never affected me and I’ve never been hospitalized for psych stuff at all.

Could the board find out or could I face legal repercussions from this?

Also, what happens if I put yes on this question?

should I go back to her and get re-diagnosed?

My NP asked me what I did and I told her I was a nurse and she asked where I worked and I told her just thinking she was making small talk. I am nervous she has told people about what we discussed and if we know anyone who works with me and that she may tell the board. I should have never received treatment or told her anything truthful about me. If only I had remembered this question on the renewal.

[Serhilda, ADN, RN]

I absolutely would not disclose. If you'd been hospitalized and were unstable, then yes, but neither apply to you. I've had doctors speculate about myself, but my "insomnia" turned out to be nocturnal seizures and my high energy is just a result of being very type A and caffeinated. Misdiagnoses happen. I wouldn't be concerned.

[VivaLasViejas, ASN, RN]

You would be stating the truth by checking "No". Your bipolar diagnosis does not and has not impaired your nursing practice to date, so you're well within your rights to deny it. As much as BONs are trying to take away every last remnant of a nurse's privacy, you don't have to provide your medical history; like someone else said, HIPAA protects us too. Wishing you the very best. Viva

[myoglobin, ASN, BSN, MSN]

I would be inclined to consult with an attorney experienced in medical license issues. If I were inclined to disclose afterwards I would consider ACLU assistance and sue the state of Texas for HIPPA violations. If I didn’t feel like “being a hero” I might even move to a more rational state before disclosing.

[Luchador, CNA, EMT-B]

On 6/10/2019 at 6:30 AM, Jory said:

Normally, I would never advocate not disclosing the truth on an application, but a big middle finger to any BON that has that question on their forms.

Answer no and move on. They don't have access to your medical records.

Mental illness is like any other illness and people have a right to be treated. They also have a right to privacy.

Your acumen is matched only by your impressive ability to briefly encapsulate the issue.

[DextersDisciple, BSN, RN]

Simple answer-no.

you said it has not affected your ability to work. You answered your own question a while ago. Period.

[Here.I.Stand, BSN, RN]

This is how I see it: would we ever tell a patient that having bipolar disorder means he is no longer fit to practice his livelihood? Or would we tell them that it is a medical condition— just like diabetes is a medical condition.

Why would we ever think we have the right to tell one of our own any differently? Either MH conditions are medical or they’re not; we can’t tell an architect or a teacher that they have a medical condition, but tell the nurse that the EXACT SAME condition makes her a danger to the public.

It makes no sense.

And why don’t they ever ask if an applicant has an old TBI or brittle diabetes or seizures? Why are they entitled to MH information but not other health information? That’s a rhetorical question, because they are NOT.

Besides we are just as entitled to privacy as anyone else.

For what it’s worth my SBON asks the same question. I have depression and PTSD, and in the past 20 years I have missed exactly two shifts over it. Clearly it doesn’t affect my ability to work; if anything, going to work is a welcome distraction.

But even if they asked “Do you have a MH dx?” without any qualifiers, I would have said no.... because it is none of their damn business.