Retrieved from https://www.bon.texas.gov/faq_licensure.asp, Texas Board of Nursing. LPN #027133, Dianne Powers This retained jurisdictional authority, allowed by administrative law principles and case law, seeks to prevent the nurse from evading disciplinary action merely by fleeing the state. In the multistate licensure context, however, those violations will be addressed, both at the location of the offense and in all the compact states where the nurse has a license or PTP. Records show that Kendrick, who also holds a nursing license in Nevada, tested positive for marijuana and was reprimanded by Nevada officials. The applicants criminal history should not contain a conviction, a plea, or an agreed disposition of a felony offense at the state or federal level, or a misdemeanor offense committed during the practice of nursing. Nurse Disciplinary Actions The following is a listing of public actions taken by the Board of Examiners for Nursing or the Connecticut Department of Public Health. Required fields are marked *. One such rule is the one primary residence rule (NCSBN, n.d.d). Nurse Licensure Compact model rules and regulations [PDF file]. Students need to know about how they might prevent actions that could cause disciplinary sanctions. Whether youre looking to get your pre-licensure degree or taking the next step in your career, the education you need could be more affordable than you think. The issue of making any and all board disciplinary actions public information, easily found on the internet with a . Board action is required to discipline your nursing license, because only the Board has . This was largely in response to the increase in electronic healthcare practice in the United States. Retrieved from http://www.ohnurses.org/wp-content/uploads/2017/02/Multi-State-Compact-Licensure-Compact-Statement.pdf, Pew Health Professions Commission, Taskforce on Health Care Workforce Regulation. Board Disciplinary Action Effective Date Of Disciplinary Action Date Range : 01/01/2006 TO 12/31/2022. The applicant must also possess a valid United States social security number (NCSBN, n.d.j). Other healthcare professionals are mandatory reporters, meaning they must report violations. Retrieved from https://www.nursys.com/EN/ENJurisdictions.aspx, National Council of State Boards of Nursing. Although the NLC limits the nurse to only one license at a time, this does not apply to non-compact states. Below, I will discuss the implications of the NLC for nurses, employers, and educators. So, much like in some of the cases cited above, a nurse who is disciplined in one state can reasonably expect that similar charges will be filed by other states (NCSBN, n.d.d). Does this state allow users to look up nurses licenses for free online? Featured or trusted partner programs and all school search, finder, or match results are for schools that compensate us. It seems that JavaScript is not working in your browser. However, in the absence of a specific statute to the contrary, statutes of limitation are inapplicable to administrative board of nursing license revocation and disciplinary proceedings. (2015a). Box 340308 Hartford, CT 06134-0308 Reporting a Health Care Complaint Mandatory Reporting of Impaired Practitioners Nursing Scope of Practice/Nursing School Questions Phone: 860-509-7555 Licensure/Examination Information Phone: 860-509-7603 - Menu Option 2 Fax: 860-509-8457 Case #7, a Texas registered nurse with a PTP in Arizona, illustrates this. The APRN Compact: A summary of the key provisions [PDF file]. Patricia C. Bouffard, Connecticut nursing board chair and a registered nurse, said that during her 15 years on the board, the number of substance abuse cases has always hovered at 80 percent, although more now involve opioids. Sign up here. Because state boards are in charge of licensing, they are also responsible for investigating complaints. After a BON's consideration of the complaint and the immediate evidence available, an emergency action may be necessary. States are required to report sanctions against health providers to the federal government. Furthermore, a compact state may issue a single-state license to a nurse who resides in its jurisdiction but does not qualify for a multistate license, such as a nurse whose permanent address is in a foreign country (Ridenour, 2011; NLC Administrators, 2012). Though already licensed, and though neither of the offenses occurred during the conduct of her nursing practice, she received disciplinary sanctions from the Texas BNE. It is noteworthy that the nursing profession led the way, among the healthcare professions, in establishing and implementing an interstate practice model (NCSBN, 2018a). Discipline. All rights reserved. Nurse Licensure Compact myths & facts [PowerPoint slides]. It may involve interviews with the nurse, patients, and witnesses; asking for a written response; and reviews of documentation and other evidence. Nurses must also pay for any remedial requirements (such as mandatory education) or substance misuse treatment. Find a location that has a supply of COVID-19 therapeutics as part of the Test to Treat initiative here. The positive is that suspension, probation, and restrictions are often temporary and allow for the license holder to continue their work. ANNA Journal, 24(5), 507-515. investigation pending, Kerri Ann Brinkerhoff Unless the nursing program limits student enrollment to its own state, or to other compact states, faculty that teach those courses will do well to avoid BON discipline by ensuring that they also comply with the rules and regulations of the remote state (NCSBN, n.d.f, n.d.g, 2017). She forged the signature on a log that said she had completed the required 150 hours of training when she had only completed 16 hours, the order said. Mary E. Dietmann, EdD, APRN, ACNS-BC, CNE - (RN Member) The board fined RN Nikita Gena Culton of Katy, Texas $500 and reprimanded her RN license because, a consent order said, she failed to acknowledge that she had been disciplined in Texas when she applied for her Connecticut nursing license in 2018. The state Board of Examiners for Nursing last week disciplined four nurses for drug or alcohol abuse. Disciplinary Impact on Telehealth PracticeOne of the advantages of the multistate nursing privilege is that nurses can be physically located in one state while engaging in nursing practice in another state through technology and telehealth services. Resources and articles written by professionals and other nurses like you. practicing With increased privilege to practice comes increased exposure to disciplinary action. DPH of intent to return to practice in CT, Cease & Desist the Practice It may also proceed by holding a settlement conference or hearing. Retrieved from https://www.ncsbn.org/2016NLC_JPuente.pdf, National Council of State Boards of Nursing. Practice Restriction, Reprimand Once the terms of the disciplinary measures have been satisfied, the original home state may re-issue a multistate license (NLC Administrators, 2012). Please note that effective dates of all actions are included. Nursing faculty will also need only one license to practice in compact states. According to the NPDB, there were 18,145 adverse actions against nursing licenses in 2021, while there are more than 3.8 registered nurses alone. This led to disciplinary action by the BNE (Texas BNE, n.d.). Lead Reporters: Charles Ornstein and Tracy Weber. Connecticut Health Investigative Team NLC model legislation [PDF file]. For decades, the licensing of nurses followed a single-state-licensing format in which a nurse was required to obtain a license in every state in which the nurse desires to practice. The infraction is handled as if the offense took place in their jurisdiction, even if it happened in a remote location.The nurses state of primary residence, and the compact states in which the nurse has a PTP, often automatically take action against a nurses license and PTP respectively. . The probation will begin concurrently with the suspension. When using this tool, the links will direct you to the state board of nursing website where you can locate the NPA via the state statute or code. dissatisfaction regarding the lack of easy mobility for healthcare professionals emerged from many sources.After a while, dissatisfaction regarding the lack of easy mobility for healthcare professionals emerged from many sources. Jason Blando - (Public Member) Your email address will not be published. Exemplifying telehealth discipline is Case #5, an RN with a Tennessee license and also an advanced practice registered nurse (APRN) license from many states, including Texas and West Virginia. 2019 and 2018 Disciplinary Action. (n.d.d). our recipe for investigating nursing boards' oversight, See the numbers for every state's serious disciplinary actions, discuss their reporting on delinquent nurses, Investigate Your State's Oversight of Health Care Professionals. Nurses may also report themselves. It must be completed within the required deadline. The eNLC became effective on July 20, 2017, when North Carolina became the 26th member (NCSBN, 2018a). The rules/regulations are found in the sections or chapters of the state administrative code. Some nurses and nursing organizations, such as the Ohio Nurses Association (ONA), were reluctant and were vocal with their concerns. All Integrity Network members are paid members of the Red Ventures Education Integrity Network. Implications of the Compact for EmployersAlthough it used to be sufficient to verify a nurses license with the state board of nursing, it is no longer so. For example, a nurse that obtains a conviction of driving under the influence (DUI) is subject both to the penal code of the state, and the disciplinary provisions of the state nurse practice act (NCSBN, n.d.d). At this point, it is critical to involve counsel in the investigation and complaint stage because they can help advise you and present information to the Board that could persuade them to dismiss the case or take no action. Therefore, it is prudent to verify nursing licenses for all employees at Nursys.com, both at the beginning of employment and at intervals. RN #134577, Joseph Ianiccelli National Council of State Boards of Nursing, Inc. All Rights Reserved. Board actions may include: Fine or civil penalty. Records show he abused alcohol to excess from 2015 to 2017 and has not been compliant with treatment and monitoring in an alternative program run by the Health Assistance InterVention Network since December. Additionally, North Dakota, Vermont, Oregon, and Washington, also took disciplinary action against her license; and she also voluntarily surrendered her license in those states (NCSBN, n.d.h; Texas BNE, 2016). In signing the consent orders, the two nurses chose not to contest the allegations against them. How does nursing disciplinary action work? After she changed her primary residence to Texas, she continued to practice under a PTP for 3 years. In addition, State Boards of Nursing (BON) lacked authority to act against a nurses license if a patient in the state was harmed by a nurse practicing remotely from another state (Texas BON, 2013b). For example, the length of time for which she was barred from practice was different from state to state respectively. The board fined RN Luisa Young of Trumbull $2,500, reprimanded her license and placed it on probation for a year. The complete DPH COVID-19 toolbox is located at ct.gov/coronavirus. As of this writing, the deadline has been changed from 30 days to 90 days in Texas and in most compact states. A fine, if included, may range from $300 to $1000, or more, depending on the individual circumstances of the case. If there has been a hearing and you have received a notice and information on a hearing, the Board has chosen to move forward with the complaint against you. Although terminology may differ, board disciplinary action affects the nurse's licensure status and ability to practice nursing in the jurisdiction. Debra LPN 027174, Must notify The language used to describe the types of disciplinary actions available to BONs varies according to state law. Nursys is an online database of the NCSBN that stores nurse licensure and disciplinary information. It could be because it is not supported, or that JavaScript is intentionally disabled. If, at any time, nurses decide to permanently reside in the PTP state, they must surrender the previous home state license and exchange their PTP for a license in the new state of residence. Every board and every type of professional license, depending on the field, has a different procedure for which disciplinary action to proceed with. Under Article V of the eNLC, member states may take adverse action, including revoking a nurses PTP in their state, even while the nurse is still under investigation or if the license is encumbered in any way (NCSBN, n.d.d). National Council of State Boards of Nursing. Connecticut ' s board falls under the Public Health Department budget. Facing Investigations. It is important to note that most likely, if a board has suspended your license before you have your hearing, this is not a violation of your due process rights. Mandatory Reporting of Impaired Practitioners, Nursing Scope of Practice/Nursing School Questions, Verification of Licensure to another State Once the Virginia license was granted, the Texas license became invalid. In 1995, the Commission released its full report: Reforming Health Care Workforce Regulation: Policy Considerations for the 21st Century. Examples of alternative disciplinary programs include deferred discipline or any stipulation that is different from the traditional supervisory stipulations (Texas BON, 2013a). it is important to remember that the multistate NLC does not change anything for a nurse who obtains one license and does not seek to move to or to practice in another state.Secondly, nurses should know that even when they do not qualify for a multi-state license, a single-state license may still be obtained (NLC Administrators, 2012). At the time of this writing, fifty-five jurisdictions, comprising states and territories, were participating in eNotify. Based on this West Virginia event, Texas filed formal charges against her and she voluntarily surrendered her license. LPN Sandra Rowe of Yantic section of Norwich, who drank alcohol in 2014 while working as a private duty nurse in a patients home, a consent order she signed said. The Nurse Licensure Compact: A historical perspective. Implications for nurses include the concept that a compact does not affect nurses who only hold one license, and also that idea that greater privileges for nurses bring greater risk as well. Due process is the right to notice and a hearing. If an infraction is committed in a PTP location, the home state may or may not revoke the nurses license, but it will certainly result in some form of disciplinary action, as determined by the state nurse practice act (NCSBN, 2017). Your attorney will be able to help prepare you on what to say to the board and prepare evidence in support of your defense. Prelicensure distance education requirements. The complete DPH COVID-19 toolbox is located at ct.gov/coronavirus. in the Operating Room (pdf), Declaratory Ruling - Examinations by Advanced Practice Registered Nurses Check with each state before using these figures in a story. Database of Sanctioned California Nurses - We assembled a database of nearly 2,400 California registered nurses facing discipline between 2002 and Sept. 2009. . While nursing mistakes or misconduct may lead to other consequences, such as employer reprimands, terminations, civil suits, or criminal charges, nurse disciplinary action directly affects a nurse's license. Please visit covidtests.gov to request four free COVID-19 self-test kits from the Federal Government. Civil Penalty - $2500.00 Connecticut licensed practical nurse candidates must have a post-secondary education that leads to a . Actual cases of disciplinary actions against nurses are used in this article; several measures have been taken to preserve anonymity and confidentiality. The board, after hearing all the evidence, will make a decision to move forward with disciplinary action that could include suspension, probation, revocation, or other restrictions. of Nursing, Voluntary Agreement Not to Key provisions of the enhanced NLC [PDF file]. practicing. Retrieved from https://www.ncsbn.org/12_ULR_table_adopted.pdf, National Council of State Boards of Nursing. This prompted the National Council of State Boards of Nursing (NCSBN) to take some corrective action. Another caution: Since September 2009, some states may have gone back and entered old actions they took against nurses. Probation - 4 years NurseJournal.org is an advertising-supported site. Probation 1 - year, Reinstated to Probation - 1 year Probation 2 years, Reprimand The 2011 Uniform Licensure Requirements [PDF file]. However, by 2015, the trend had stopped. To varying degrees, it allows employers and the public easy access to information about the status of nurses licensure and any disciplinary actions taken against them (NCSBN, 2011). The Connecticut board can impose discipline on a nurse licensed in Connecticut if the nurse has been disciplined in other states. This guide to nursing disciplinary action explains what happens after a professional lapse. Your question indicates you tried to . The best defense is to know and follow your states nurse practice act and discuss questions with a supervisor. - In-depth Journalism on Issues of Health and Safety. Jennifer C. Long, APRN, MSN, NNP-BC- (APRN Member) It is important to keep any and all documentation, dates, video records, witnesses, or any other evidence that was used during the initial hearing. The complete DPH COVID-19 toolbox is located at ct.gov/coronavirus. This ensures that a license to practice has not been compromised or encumbered at a remote location. This public safety objective is not time-limited. Civil Penalty - $500.00, Suspended while This data should not be used to compare one state against another, because it may not be accurate and it is not adjusted for the number of nurses in each state. The general standard for this action is clear and convincing evidence that continued practice by the nurse would present a danger of immediate and serious harm to the public. After our report, most of the board and its executive officer either resigned or were removed. She never conducted any face-to-face evaluations of any of these patients. Applicants for the eNLC license must not have pled guilty to or have been convicted of a felony. The state board of nursing must report the results of any nursing disciplinary action to Nursys, the national database of nursing licenses and license status, and to the NPDB. It could be because it is not supported, or that JavaScript is intentionally disabled. Probation - 18 months, Reprimand Emergency actions usually take the form of a summary suspension of a nurses license. Disciplinary Impact of a Criminal ConvictionAs stated in the eNLC uniform license requirements, a state or federal felony conviction or plea precludes an applicant from obtaining a multistate license. The Connecticut board can impose discipline on a nurse licensed in Connecticut if the nurse has been disciplined in other states. Saad L. (2022). The mutual recognition initiative was designed to enhance the protection of public health and safety by promoting cooperation and exchange of information in licensure, regulation, investigation, and disciplinary action. The States of Illinois and California also brought charges against her based solely on the Texas action (Texas BNE, n.d.). After that, she would then be eligible once again for a multistate license (NLC Administrators, 2012). The Conn. Health I-Team is dedicated to producing original, responsible, in-depth journalism on key issues of health and safety that affect our readers, and helping them make informed health care choices. The most crucial part of this process is when it first begins, and there has been a complaint made against you. The impact of a criminal conviction is also presented. If an action is appealed, a court ordered stay may delay the imposition of a Board action. With increased privilege to practice comes increased exposure to disciplinary action.Greater Privileges Equal Greater Risk and Financial Burden. Contact us with questions or updates. Employers may not require such from their employees, nor should they require that prospective employees using a PTP also apply for a license in the employers state. renew License, Reprimand Revocation of a license is rare, but it does occur in the most serious cases where the allegations are very serious or threatening to the public and the evidence against the holder is great. After the investigation, the board of nursing may decide to close the case if the complaint was found to be not valid. 2016 CT.gov | Connecticut's Official State Website, regular Nearly 100 nurses also faced disciplinary action 2018. Investigations may take several months depending on the case. Referral to an alternative to discipline program for practice monitoring and recovery support (drug or alcohol dependent nurses, or in some other . . Finally, one case demonstrates the impact of a BON investigation on a nurses ability to continue practice. Davidson has an 18-year history of substance abuse and was suspected of taking excessive amounts of drugs from Walnut Hill, the boards memorandum of decision said. The provisions of the eNLC highly reduce the likelihood that public safety will be compromised. The Pew Commission Report: Nursing's challenge to address it. State boards of nursing provide the information through the Nursys eNotify program. Nursing disciplinary action that includes license suspension or revocation is rare. Department of Public Health Regulatory Reports Disciplinary actions taken against individuals licensed through the Department of Public Health. RN 073716, Reprimand However, even when nurses practice in a remote location from the patient, they are subject to disciplinary measures both by the state where the patient is located, and by their home state (NCSBN, 2017). Established in 1989, the Commission mission was to assist healthcare professionals, workforce policy makers, and educational institutions manage the challenges of an increasingly changing healthcare system. Does this state provide free disciplinary documents online. The board suspended the RN license of Christopher Kay of Enfield, who works for the state Department of Correction, saying his abuse of alcohol affects his ability to practice as a nurse. They issue decisions, consent orders, and compliance letters related to these investigations. Nurses may and often do get a lawyer during nursing disciplinary action, especially if the potential action includes a suspended or revoked license. People who are at a high risk for severe illness should consider additional measures to minimize their exposure to COVID-19 and respiratory illnesses. (2017). Retrieved from https://www.bon.texas.gov/discipline_and_complaints_disciplinary_action_10012016.asp, Texas Board of Nursing. Most of the frequently asked for services are listed in the left margin of this page. If your license has been suspended, you will usually receive a notice and information on a hearing. Find the right nursing program for you. Podcast: Reporters Charlie Ornstein and Tracy Weber discuss their reporting on delinquent nurses. Their home state licenses would be accepted in all of the NLC states and they would be subject to the laws and nurse practice acts of all the state(s) in which they practiced (NCSBN, 2011, 2016). As has been shown above, there can be a domino effect of disciplinary actions against nurses licenses. each nurse must do due diligence to confirm a specific state's regulations.These cases illustrate that a nurse in a compact state can only hold one license and that must change if her residence changes. The decision to grant such a license is at the discretion of each state (Texas BON, 2017). Find a location that has a supply of COVID-19 therapeutics as part of the Test to Treat initiative here. (2013). APRN 006157, 01/16/2019 NURSYS clearly takes the position on its website that since all of the information comes from state boards of nursing, it is the nurse's responsibility to contact the board to update information on its website. She received disciplinary action by the Texas Board of Nurse Examiners (BNE), for failing to obtain a Texas license after she moved from South Carolina to Texas. The significance of the implementation date is that it was the date by which nurses who possessed multistate licenses were able to begin practicing in eNLC states (NCSBN, 2018a). VACATED 07/17/2019, Agreement not to Rebecca Martinez, LPN - (LPN Member) The avenue by which an employer may verify multistate licensure is through Nursys (NCSBN, n.d.h). Furthermore, because the multistate compact is a fairly new concept, nursing educators should begin to include in program courses information about multistate practice and its potential impact on licensure and practice. Retrieved from https://www.ncsbn.org/Leader_to_Leader_NLC_Issue2017.pdf, National Council of State Boards of Nursing. Retrieved from https://www.ncsbn.org/NLC_Final_050415.pdf, National Council of State Boards of Nursing. For example, this authors original nursing license was obtained in the State of Texas. In some cases, there may be the opportunity to suspend the discipline while the appeal is pending in order to continue working during the appeal process. Referral to an alternative to discipline program for practice monitoring and recovery support (drug or alcohol dependent nurses, or in some other mental or physical conditions), Public reprimand or censure for minor violation of nurse practice act often with no restrictions on license, Imposition of requirements for monitoring, remediation, education or other provision tailored to the particular situation, Limitation or restriction of one or more aspects of practice (e.g., probation with certain restrictions, limiting role, setting, activities, hours worked), Separation from practice for a period of time (suspension) or loss of license (revocation or voluntary surrender), Remediation (various educational content or exercises). However, only three of these articles relate to disciplinary actions: Articles III, V, and VI (NCSBN, n.d.d). ISSN: 1091-3734 American Nurses Association - 8515 Georgia Avenue - Suite 400 - Silver Spring, MD 20910, Omobola Awosika Oyeleye, EdD, JD, MSN, MEd, BSN, BA, RN-BC, CNE, CHSE, CPHQ, Carolyn Hutcherson MS, RN; Susan H. Williamson MPH, RN, Substance Use Disorders and Related Concerns, The 200th Birthday of Florence Nightingale, Speroni on Professional Pathways in Nursing", Parast and colleagues on Healthcare and Quality, Gaul, Higbee, Taylor, Ensign, Monson & Price on Nursing Education and Crisis in Competency, Parast and Heshka on Past, Present, and Future, Fogg-Martin on Calling Nursing Informatics Leaders", Jean-Gilles on An Historical View of Nursing and Polio, Pattishall on Informatics: Protect Yourself and the Nursing Profession from Predatory Journals, key provisions of the enhanced Nurse Licensure Compact, https://www.nursys.com/EN/ENJurisdictions.aspx, https://www.ncsbn.org/NLC_Key_Provisions-FINAL.pdf, https://www.ncsbn.org/NLC_What_Nurses_Need_to_Know.pdf, https://www.ncsbn.org/eNLC-ULRs_082917.pdf, https://www.ncsbn.org/transcript_NurseLicensureCompact.pdf, https://www.ncsbn.org/12_ULR_table_adopted.pdf, https://www.ncsbn.org/Key_Provisions_of_New_APRN_Compact.pdf, https://www.ncsbn.org/NLC_Final_050415.pdf, https://www.ncsbn.org/2016NLC_JPuente.pdf, https://www.ncsbn.org/Leader_to_Leader_NLC_Issue2017.pdf, https://www.ncsbn.org/NLC_Model_Rules.pdf, https://www.ncsbn.org/Memo2Employers_PSOR.Requirements.pdf, http://www.ohnurses.org/wp-content/uploads/2017/02/Multi-State-Compact-Licensure-Compact-Statement.pdf, https://www.leg.state.nv.us/74th/Interim_Agendas_Minutes_Exhibits/Exhibits/Lasers/E011008E.pdf, https://www.ncsbn.org/201106_NLC_JRidenour.pdf, http://www.bne.state.tx.us/discipline_and_complaints_disciplinary_action_compact_discipline.asp, https://www.bon.texas.gov/discipline_and_complaints_disciplinary_action_10012016.asp, https://www.bon.texas.gov/discipline_and_complaints_policies_and_guidelines.asp, https://www.bon.texas.gov/faq_licensure.asp, Multistate Licensure: Who Owns Your Care?
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