It can be argued that familiarity with its provisions is in its infancy. 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. Therefore, you must make sure that you do everything you can to find an attorney, understand the allegations against you in the complaint, and prepare yourself for the hearing. The case involving telehealth practice exemplifies the pitfalls that nurses may encounter while engaging in practice at a distance and across state lines. Hawaii recently signed an agreement to participate (NCSBN, n.d.c). The complete DPH COVID-19 toolbox is located at ct.gov/coronavirus. Investigations may take several months depending on the case. Copyright 2023, Connecticut Health I-Team. Retrieved from https://www.ncsbn.org/70.htm, National Council of State Boards of Nursing, Inc. (n.d.c). 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. (2020). Dazzella Peoples 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. Please visit covidtests.gov to request four free COVID-19 self-test kits from the Federal Government. The avenue by which an employer may verify multistate licensure is through Nursys (NCSBN, n.d.h). Retrieved from https://www.bon.texas.gov/enlcnotice.asp, https://doi.org/10.3912/OJIN.Vol24No02PPT09. Key Words: multistate compact, disciplinary actions, enhanced Nursing Licensure Compact, Nursing Licensure Compact, Texas Board of Nurse Examiners, out of state, Nursys, privilege to practice, National Council of State Boards of Nursing (NCSBN), telemedicine. Another caution: Since September 2009, some states may have gone back and entered old actions they took against nurses. All applicants must also have passed the applicable licensing examination and be eligible to hold an unencumbered license (NCSBN, n.d.j). The relevant parts of Article III require that nurses must comply with the practice laws in each state where they practice. Some law firms specialize in medical disciplinary actions. 2016 CT.gov | Connecticut's Official State Website, regular NCLEX RN/LPN First Time Pass Rates- REVISED May 2022, Patricia C. Bouffard, RN, D.N.Sc.- (RN Member, Chair) Reporting & enforcement. While living in Tennessee, she contacted West Virginia residents by phone and wrote prescriptions for patients with whom she had no provider/patient relationship. Does this state provide free disciplinary documents online. LPN #027133, Dianne Powers Other healthcare professionals are mandatory reporters, meaning they must report violations. Why nurses are raging and quitting after the RaDonda Vaught verdict. It must be emphasized that most nurses render care in a competent manner and that only a very small minority are charged with violations. Although each disciplinary hearing and process is unique, there is some general consistency for disciplinary boards among different agencies. In other words, nursing compact practice would be limited only to those whose home states joined the eNLC (NCSBN, 2018a). According to the NCSBN, each year less than 1% of nurses have any adverse action taken against their licenses. Nursing disciplinary action that includes license suspension or revocation is rare. 2023 American Nurses Association. According to the CNA and NSO Nurse Professional Liability Exposure Claim Report, the most common reason for allegations is professional conduct violation (32.5% of all primary allegations) followed by scope of practice violation (24.8%). Nursys is an online database of the NCSBN that stores nurse licensure and disciplinary information. 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. By signing the order in Connecticut, she chose not to contest the allegations. When the BON enacts a disciplinary measure that includes a limitation on the nurses ability to practice, such as a revocation, suspension, or voluntary surrender, the nurse will also be required to limit her nursing practice to her home state during the disciplinary period (NLC Administrators, 2012). Nurse profesionial liability exposure claim report. (One of the reasons many nurses protested the ReDonda Vaught trial and verdict is that they feared it would have an effect on self-reporting or reporting colleagues.). (n.d.d). When there is suspected misconduct from nurses, they can be investigated by the Department of Public Health, the Board of Nursing Examiners, the Department of Consumer Protection, or other licensing agencies. Civil Penalty - $560.00, Probation 1 year if Hansen admitted no wrongdoing but chose not to contest the allegations against her. Cynthia (2012). They are one of the most trusted professions in the country because of their high standards. However, it is imperative to understand that the provisions of this compact are of great importance to nurses because practicing in ignorance could lead to serious violations and serious consequences. This public safety objective is not time-limited. (NCSBN, 2017). Geraldine Marrocco, Ed.D., APRN, ANP-BC, FAANP- (RN Member) (n.d.f). Probation - 4 years, Reinstated to 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). If a nurse with a past felony conviction or a guilty plea obtains a license under the original NLC, the nurse remains eligible to hold a multistate privilege under the new eNLC (NCSBN, 2012). 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. 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. Applicants for the eNLC license must not have pled guilty to or have been convicted of a felony.Not only will a felony conviction prevent an applicant from obtaining an initial multistate nursing license, it will most certainly lead to disciplinary sanctions for a nurse who is already licensed (NCSBN, n.d.d). The state's duty to protect those who receive nursing care is the basis for a nursing license. They were displeased that the state would not only have to pay for annual membership in the NLC but also lose the ability to collect licensing fees directly from nurses seeking to practice in their state. 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. 2023 NurseJournal.org, a Red Ventures Company. State boards of nursing provide the information through the Nursys eNotify program. Disciplinary actions may alsobe viewed the Department of Public Health's Regulatory Action Reports. Dept. The Nurse Licensure Compact: A historical perspective. These technologies are increasingly being utilized; they are transforming care delivery, and erasing geographical boundaries (NCSBN, 2016, 2017). 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. Unfortunately, if your license has been suspended or revoked, you will need to immediately cease practicing professionally until the matter is resolved. When nurses are disciplined in a compact state, the action directly impacts their practice in all the compact states (NLC Administrators, 2012; Texas BNE, n.d.). VACATED /2/02/2022, Reprimand LPN #033506, Reprimand This act requires systematic oversight of regulations. Many times, at this stage, there is something that the board has found that has led them to hold a hearing. The probation will begin concurrently with the suspension. The author concludes that most nurses provide competent care, and that outside of this compact, the few who violate laws and regulations are usually disciplined by their individual state board of nursing. This page has information and updates on nursing boards and regulation specific to Colorado. Civil Penalty - $2500.00 Featured or trusted partner programs and all school search, finder, or match results are for schools that compensate us. Retrieved from https://www.ncsbn.org/2016NLC_JPuente.pdf, National Council of State Boards of Nursing. It seems that JavaScript is not working in your browser. Going through an investigation and a disciplinary process can cause a lot of stress and anxiety on the person involved. 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. Please visit covidtests.gov to request four free COVID-19 self-test kits from the Federal Government. References, The Regulatory Dilemma Surrounding Interstate Practice, Nursing Regulation for the New Millennium: The Mutual Recognition Model, The Utah Experience: Adopting the Nursing Regulation Interstate Compact. Her experience includes teaching students and nurses about legal issues that impact nurses. In. Civil Penalty - $500.00, Suspended while Depending on the field of work, there may be requests or demands to produce documents and other information related to your professional work or business. Nursing faculty will also need only one license to practice in compact states. Applicants for the eNLC license must not have pled guilty to or have been convicted of a felony. Therefore, all disciplinary actions are documented in one depository known as Nursys (NCSBN, 2016). However, if the faculty is in a compact state, and the student is in a remote compact state, the multistate license will suffice. 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). RN #R40359 The rules/regulations are found in the sections or chapters of the state administrative code. Retrieved from https://www.ncsbn.org/eNLC-ULRs_082917.pdf, National Council of State Boards of Nursing. (2017, March). Each member state may issue a single state license to such an applicant, upon consideration of each individual case. What are the types of disciplinary actions? Your attorney will be able to help prepare you on what to say to the board and prepare evidence in support of your defense. 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 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. NLC model legislation [PDF file]. Limitations on Nursing Practice Due to Disciplinary ActionThe singular fact that an investigation is initiated could immediately limit a nurses opportunity to practice.The singular fact that an investigation is initiated could immediately limit a nurses opportunity to practice. After the investigation, the board of nursing may decide to close the case if the complaint was found to be not valid. In 2015, The Special Delegation Assembly approved a Model Legislation that could be used by states seeking to join the NLC (NCSBN, 2015b). 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. 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. 1 Filing a Complaint Any person with knowledge of a violation of the state's nurse practice act, unethical behavior, or behavior that either endangers a patient or represents a potential danger to patients can file a complaint with the state board of nursing. Nursing disciplinary action can include fines or civil penalties. Investigations and Disciplinary Hearings Although each disciplinary hearing and process is unique, there is some general consistency for disciplinary boards among different agencies. Find the right nursing program for you. This section describes some specific Texas disciplinary cases in which the disciplinary action taken by the BON was directly related to the nurses multistate compact license. This means that an event in another state could have an impact on the practice and availability of their nursing employees (NCSBN, n.d.d). Debra LPN 027174, Must notify (2017). Records show that Kendrick, who also holds a nursing license in Nevada, tested positive for marijuana and was reprimanded by Nevada officials. The Commission would also evaluate the effectiveness of regulations from the perspective of protecting the public. Sign up here. As has been shown above, there can be a domino effect of disciplinary actions against nurses licenses. Therefore, there is no reason for such a nurse to be concerned about disciplinary provisions of the multistate compact. The report included 10 recommendations to promote healthcare provider mobility (Donaho, Mudge, & Price, 1997; Pew, 1995). LPN #032178, Suspension - 3 months The Department of Public Health regulates certain professions and licenses individuals working in those professions. The order also said that several times between 2014 and 2019, Rowe abused alcohol to excess. This act requires systematic oversight of regulations. 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. The state Board of Examiners for Nursing last week disciplined four nurses for drug or alcohol abuse. Examples of Reported Disciplinary Actions under the Nursing Licensure Compact . Resources and articles written by professionals and other nurses like you. Retrieved from https://www.leg.state.nv.us/74th/Interim_Agendas_Minutes_Exhibits/Exhibits/Lasers/E011008E.pdf, Ridenour, J. The language used to describe the types of disciplinary actions available to BONs varies according to state law. These laws are based on the Nursing Practice Act and allow the BONs to issue appropriate . Board Disciplinary Action Effective Date Of Disciplinary Action Date Range : 01/01/2006 TO 12/31/2022. If you have a vested property interest in a license, such as a medical or professional license, you are entitled to administrative due process. NurseJournal.org is committed to delivering content that is objective and actionable. COVID-19 Community Levels Update, April 14, 2023: The CDC has listed all eight Connecticut counties in the Low/Green category as part of its weekly Community Levels update. . Case #7, a Texas registered nurse with a PTP in Arizona, illustrates this. This compensation does not influence our school rankings, resource guides, or other editorially-independent information published on this site. Their other concern was financial in nature. So, when a complaint is filed against you by anyone, and the Board begins an investigation, this is the first stage of the process. Registered Nurse Educational Program Statistics, Practical Nurse Educational Program Statistics, Adjustment of insulin by school nurses with parental input. 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. Covers 2010-present Decisions, consent orders, correspondence, decrees, etc. Find a location that has a supply of COVID-19 therapeutics as part of the Test to Treat initiative here. (2017). Emergency actions usually take the form of a summary suspension of a nurses license. Impact of Automatic Reporting on Disciplinary ActionArticle VI of the eNLC requires that states share freely any information that pertains to disciplinary actions. The Connecticut board can impose discipline on a nurse licensed in Connecticut if the nurse has been disciplined in other states. Please visit covidtests.gov to request four free COVID-19 self-test kits from the Federal Government. You may ask how another board of nursing would find out about a discipline in another state. Therefore, it is prudent to verify nursing licenses for all employees at Nursys.com, both at the beginning of employment and at intervals. Interested in a conference call with reporters Charles Ornstein and Tracy Weber? The boards memorandum of decision says that Francis, who previously lived in Colchester, used controlled substances to excess in 2016 and 2017. It may adopt, modify, or remand the decisions for further review or the taking of additional evidence. For example, while accepting valuable presents or money from a current or past patient is against nurse practice acts, most nurses dont want to hurt a patients feelings if they're offered a small personal gift of little financial value. The investigation process depends on the nature and seriousness of the complaint. Kelman B, et al. Retrieved from http://www.bne.state.tx.us/discipline_and_complaints_disciplinary_action_compact_discipline.asp, Texas Board of Nurse Examiners. Department of Public Health Regulatory Reports Disciplinary actions taken against individuals licensed through the Department of Public Health. Following our investigation found, the database's management team was replaced. In 2021, there were 18,145 adverse actions against nursing licenses, according to the National Practitioner Data Bank (NPDB), affecting 140,859 nurses, 93,998 licensed practical nurses, and 9,002 nurse practitioners. Key provisions of the enhanced NLC [PDF file]. (n.d.g). For example, the length of time for which she was barred from practice was different from state to state respectively. All rights reserved. It also includes restriction of a license where a nurse can continue practicing but under specific conditions, suspension of a license where a nurse can continue practicing after a set period of time, or the permanent loss of a license. Sexual misconduct (such as engaging in sexual relationships with patients), Boundary violations (such as soliciting or accepting monetary or valuable gifts), Abuse of patients (either physically or verbally), Professional conduct (32.5% of all primary allegations), Documentation errors or omissions account (9.7%), Probation (The nurse may continue to practice, but any further validated complaints will result in more serious nursing disciplinary action. Although quite similar to the original NLC, the eNLC was designed to repeal and replace the existing NLC and implement requirements that would improve confidence and address the issues raised by reluctant stakeholders (Evans, 2015). This is called the Uniform Administrative Procedures Act. Find a location that has a supply of COVID-19 therapeutics as part of the Test to Treat initiative here. Connecticut Health Investigative Team NOTE: The following information is not intended for licensure verification purposes. Enhanced Nurse Licensure Compact (eNLC) implemented Jan. 19, 2018 [News release]. 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. DISCIPLINARY ACTION A Warning was issued in respect to this nurse's license. Rebecca Martinez, LPN - (LPN Member) (1995). After she changed her primary residence to Texas, she continued to practice under a PTP for 3 years. Not every nurse or nursing organization greeted the news with excitement. The States of Illinois and California also brought charges against her based solely on the Texas action (Texas BNE, n.d.). The appeal process is the opportunity to go in front of the board and refute the charges against you or the disciplinary action against you. People who are at a high risk for severe illness should consider additional measures to minimize their exposure to COVID-19 and respiratory illnesses. Statutes of limitation are designed for use in civil and criminal litigation to prevent unreasonable delay and the prosecution of stale claims for the purpose of preserving the expectation of private legal rights. 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. Unlocking access to nursing care across the nation [Brochure]. Probation - 2 years, Reprimand Such was Case #6, a registered nurse licensed in the Commonwealth of Virginia, with a PTP in Texas. This was largely in response to the increase in electronic healthcare practice in the United States. Tracking Nurses Nationwide - This interactive map and chart shows the state of nursing records access nationwide. Current employees should not be disciplined or discharged for not having a license in the employers location (Ridenour, 2011). The board fined RN Luisa Young of Trumbull $2,500, reprimanded her license and placed it on probation for a year. Contact us with questions or updates. It is important to keep any and all documentation, dates, video records, witnesses, or any other evidence that was used during the initial hearing. Visit the CDC COVID-19 Community Levels Map for updates. for Commercial Driver's Licenses (pdf), Management of Analgesia by Catheter (pdf), Insertion and Removal of Specialized Intravenous Catheters (pdf), Guidelines for use of Medical Protocols (pdf), Monthly Disciplinary Actions Against Licensees. National Council of State Boards of Nursing, Inc. All Rights Reserved. The issue of making any and all board disciplinary actions public information, easily found on the internet with a . This guide answers your questions about complaints against nurses and how they are resolved. 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. Her phone number is (410). She voluntarily surrendered her PTP in Texas. The state must also have the capacity to conduct a federal criminal background check (NCSBN, 2016). The eNLC became effective on July 20, 2017, when North Carolina became the 26th member (NCSBN, 2018a). The state must also have the capacity to conduct a federal criminal background check.If a state seeks to join the compact, the state, through its state legislature, must authorize the NLC and adopt rules and regulations that will govern the compact administration and implementation (Evans, 2015). For example, the case relating to the 'one primary residence' rule highlights the extended reach of the nursing licensure compact. This is why the RaDonda Vaught case, which resulted in criminal charges from a medical mistake, drew national attention from nurses and nursing organizations. If you need assistance contact us. Read our recipe for investigating nursing boards' oversight . Military brass, judges among professions at new image lows. Connecticut Board of Nursing Minimum Requirements. A fine, if included, may range from $300 to $1000, or more, depending on the individual circumstances of the case. Retrieved from https://www.bon.texas.gov/discipline_and_complaints_disciplinary_action_10012016.asp, Texas Board of Nursing. This page has information and updates on nursing boards and regulation specific to Connecticut. of Nursing, Voluntary Agreement Not to It is noteworthy, however, to understand that a nurse with a felony plea or conviction may still obtain a single state nursing license. Our Recipe: Investigate Your State's Oversight of Health Care Professionals, Editor's Note: Why We're Sharing Our Recipe, Chart: Serious Actions Reported Nationwide, When Caregivers Harm - Our complete coverage of flawed regulation of healthcare workers California and nationwide. The Texas Board of Nursing explained to me that I could only continue to practice with a Texas license if Texas was my state of residence. Select a jurisdiction from the drop-down list below to obtain a specific jurisdictions nurse practice act and rules. (RN/LPN), _____________________________________________, National Council State Boards of Nursing Opioid Toolkit, ______________________________________________, Connecticut General Statutes Chapter 378 - Nursing(Nurse Practice Act), Mandatory Reporters of Abuse, Neglect and Exploitation, Advanced Practice - Independent/Collaborative Practice, Administrative Regulations - Public Health Code, ________________________________________________________, Registered Nurse Educational Program StatisticsREVISED July 2022(pdf), Practical Nurse Educational Program StatisticsREVISED July 2022(pdf) investigation is pending, Reprimand The Department investigates complaints made against licensed individuals and may take disciplinary action against them. Retrieved from https://www.ncsbn.org/11945.htm, Nurse Licensure Compact Administrators. These, Do you have a Connecticut healthcare practitioner license, such as a nurses license or a, Professional licenses help people work in many different careers in Connecticut. The Compact Does Not Affect Everybody. It may also proceed by holding a settlement conference or hearing. Since my move to Virginia was permanent, and both Texas and Virginia were compact states, I could only hold a license in my state of residence. The states duty to protect those who receive nursing care is the basis for a nursing license. Complete the mandatory pre-license education hours (RN and LPN) or Connecticut School of Health Professions equivalent coursework to be accepted by the Connecticut Board of Nursing. 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 complete DPH COVID-19 toolbox is located at ct.gov/coronavirus. Try to remain calm and cooperative but careful not to expose more than what is asked of you. How does nursing disciplinary action work? Some of the features on CT.gov will not function properly with out javascript enabled. . Donaho, B., Mudge, C., & Price, C. A. She faced sanctions with multiple states in 2016 based on an event that happened in a telemedicine practice in West Virginia. Boards of Nursing (BON) take disciplinary action in order to protect the public by insuring that only properly qualified and ethical individuals practice nursing. In spite of these concerns, as many as 25 states did join the NLC. You can see this at www.nursys.com, click on the HELP tab, then FAQs in the drop-down menu. all disciplinary actions are documented in one depository known as Nursys.Mandatory Reporting Process Regarding Disciplinary ActionsArticle VI of the eNLC requires prompt reporting of any information that results from an investigation of a complaint against a nurse. Once the Virginia license was granted, the Texas license became invalid. 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. Although the NLC limits the nurse to only one license at a time, this does not apply to non-compact states. 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. However, Connecticut can issue a summary suspension, which suspends a persons license before giving any notice or a hearing if they feel there is a risk to the safety of the public before having a hearing. Below, I will discuss the implications of the NLC for nurses, employers, and educators. Find a location that has a supply of COVID-19 therapeutics as part of the Test to Treat initiative here. 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.