Few professionals work as long or as hard as nurses. This career is demanding, but also rewarding. With little sleep and high expectations, it is no surprise that some find themselves fighting headaches or physical pain from the demands of the job. In some cases, a nurse may need to take medication to help manage the pain.
Although this seems reasonable, there are situations when taking a pain pill can trigger an investigation by the state licensing board. In a recent example, New York’s Office of the Professions issued a two year stayed suspension and two additional years of probation for a nurse who admitted to taking two Percocet. The group stated the penalty was reasonable as they had evidence the nurse diverted the medication from a patient. This example serves as a reminder of the importance of following proper channels when in need of medication. However, it still raises the following question: could a nurse face penalty for taking pain pills?
How do these investigations start?
First, it helps to understand how these issues start. Various factors can trigger an investigation, including:
- Complaints from patients or their families: These often relate to allegations of misconduct or negligence.
- Employer reports: Hospitals and other healthcare facilities must report incidents involving substandard care or professional misconduct.
- Self-reporting of arrests or convictions: Nurses are typically required to report any criminal charges or convictions against them.
In New York, the Office of Professional Discipline (OPD) will review the complaint to determine if there is enough evidence to warrant an investigation. If the initial review is affirmative, the OPD will move forward with a more detailed investigation. This may involve interviews, gathering documentation, and other fact-finding measures.
Depending on the findings, the case may be dismissed, result in an informal resolution, or proceed to a formal hearing. If the licensing board chooses to move forward with penalties, they could issue a reprimand, fine, suspension, or even revocation of the subject’s nursing license.
A nurse who is managing pain while meeting their professional obligations would likely be fine, but an investigation could be possible if the medication were to interfere, or the nurse otherwise made mistakes during the shift.
How can I protect my nursing license?
It is important to understand and comply with all professional standards and regulations. It is also wise to keep good records and follow the proper protocol if you yourself need medication. Proper documentation can be crucial in defending against allegations of misconduct or negligence.
If the subject of an investigation, it is a good idea to take the matter seriously. Consulting with a lawyer with experience in professional discipline cases can lead to strategies for defense and help mitigate potential penalties.
Facing an investigation by the state licensing board can be a daunting experience for any nurse. By understanding what triggers these investigations, the process, and potential penalties, and by taking proactive steps to protect their license, nurses can mitigate the damage done by these challenging situations.
Attorney John Rivas is responsible for this communication.
