July 25, 2010

Regulations May Allow Convicted Nurses to Cross State Lines for Work.

Under the headline "Bad Nurses Able To Keep Working In Other States," USA Today (7/15, Weber, Ornstein) carries an article and interactive map by the independent reporting organization ProPublica that explain how nurses can slip from one state to another for work even if they have felony drug convictions.

The report opens with the case of a nurse who "was fired from a hospital in Wausau, Wis., in 2007 after stealing the powerful painkiller Dilaudid," was convicted of felony drug charges, and later managed to "get a job as a traveling nurse at a hospital 1,200 miles away in New Bern, N.C." According to ProPublica, this case "illustrates significant gaps in regulatory efforts nationwide" to keep track of nurses' misconduct. The report examines applicable licensing issues and agreements that it says perpetuate the problem.

Read the USA Today Article here.

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July 24, 2010

Troubled Nurses Skip from State to State Under Compact

Gaps in regulatory efforts nationwide allow nurses from avoiding the consequences of misconduct by hopping across state lines. Compacts created to help get good nurses to areas where they are needed most recognize a license obtained in a nurse’s home state in the other compact states.

But an investigation by ProPublica found that the pact also has allowed nurses with records of misconduct to put patients in jeopardy. In some cases, nurses have retained clean multistate licenses after at least one compact state had banned them. They have ignored their patients’ needs, stolen their pain medication, forgotten crucial tests or missed changes in their condition, records show. Tracy Weber Charles Ornstein by Tracy Weber and Charles Ornstein, ProPublica 07/15/2010
Read Article: ProPublica

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July 7, 2010

Suit Alleging PA Board of Nursing Discriminates Against Heroin Addicts

The Legal Intelligencer (6/22, Duffy) reports, "In a groundbreaking case that could help to define the rights of recovering drug addicts, a federal judge in Scranton has ruled that the Pennsylvania Board of Nursing must answer a lawsuit that says the agency has a secret, unwritten policy that forbids any nurse from holding a license while receiving methadone treatment for a chronic opioid addiction.

Requiring nurses who are recovering from heroin addiction to prove that they are 'weaned' from methadone may be found to violate the Americans with Disabilities Act, US District Judge James M. Munley held in Reynolds v. Commonwealth of Pennsylvania."

Read full story here.

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June 28, 2010

Thousands of Nurses Punished by Other States Maintain Licenses in California.

The Los Angeles Times (6/28, Weber, Ornstein) reports that California's "Board of Registered Nursing has discovered that some 3,500 of its nurses have been punished for misconduct by other states -- hundreds even had their licenses revoked -- while maintaining clean licenses in California."

Now, "as many as 2,000 of these nurses...will face discipline in California, officials estimate." According to the Times, "The board's discovery was prompted by a Times/ProPublica investigation last year that found hundreds of instances in which California nurses had been sanctioned elsewhere for sexual abuse, neglect, rampant drug use and criminality but could work freely in California."

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February 10, 2010

Texas Nurse to Stand Trial for Reporting Doctor Malpractice

It occurred to Anne Mitchell as she was writing the letter that she might lose her job, which is why she chose not to sign it. But it was beyond her conception that she would be indicted and threatened with 10 years in prison for doing what she knew a nurse must: inform state regulators that a doctor at her rural hospital was practicing bad medicine.

Read the full story at the New York Times

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August 3, 2009

Update: Retaliation Against West Texas Nurses for Whistle Blower Complaint

Two West Texas nurses have been fired from their jobs and indicted with a third-degree felony carrying potential penalties of two-to-ten years' imprisonment and a maximum fine of $10,000.

The nurses, in their 50s and both members of the American Nurses Association/Texas Nurses Association, reported concerns about a doctor practicing at Winkler County Memorial Hospital in Kermit.

They alleged that the doctor improperly encouraging patients in the hospital emergency department and in the rural health clinic to buy his own herbal "medicines," and they thought it improper for him to take hospital supplies to perform a procedure at a patient's home rather than in the hospital.

Read an earlier post.http://www.bne.state.tx.us/

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July 20, 2009

Texas Nurses Face Charges After Filing TMB Complaint

Two West Texas nurses have been indicted after filing an anonymous complaint about a doctor's practices with the Texas Medical Board, but the state agency says the women did nothing wrong.

The nurses are charged with misuse of official information. Each one-page indictment filed against them alleges they improperly accessed information that was not public "with intent to harm" the doctor for "a nongovernmental purpose."

Among the nurses' complaints were that the doctor improperly encouraged patients to buy herbal medicines from him and had wanted to use hospital supplies to perform a procedure at a patient's home.

The Texas Medical Board defended the nurses' actions and said it's the board's state-mandated duty to look into such complaints.

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July 16, 2009

Nurse Association Targets Winkler County Hospital Texas

The American Nurses Association (ANA), which represents the interests of the nation’s 2.9 million registered nurses, is joining forces with the Texas Nurses Association (TNA) to strongly criticize the recent indictment and prosecution of two registered nurses in Winkler County, Texas, for reporting to the Texas Medical Board their concerns about a physician’s standard of practice at the Winkler County Memorial Hospital in Kermit, Texas.

ANA and TNA are gravely concerned about the chilling effect the county’s actions could have on future nurse "whistle blowers" who advocate for their patients in the nation’s hospitals. An initial hearing on the nurses’ motions to dismiss the case was held July 15 in the Winkler County Courthouse but no rulings were made on any of the motions.

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December 24, 2008

Texas Nursing Jurisprudence Exam

There are 50 items on the nursing jurisprudence examination (NJE). You must correctly answer 75% of the questions to pass the NJE. You will have two (2) hours to complete the NJE. Displayed in the upper right hand corner of the computer screen will be a digital clock and the question number so you can monitor your progress throughout the NJE.

You are permitted to access the Board of Nursing (BON) website and other resource material throughout the exam to locate the answers to questions. The NJE will run in another window, thereby leaving this window open to access reference materials on the BON website.

A Passing Result will be posted and recorded to the BON system when all 50 questions are answered and a minimum of 38 questions are answered correctly. A certificate will be available for printing at the end of the examination process. Once a passing result is recorded, Board Staff will be notified and the jurisprudence exam requirement will be updated as completed in your BON file. Keep the certificate for your records. Do not mail the certificate to the BON.

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September 30, 2008

New Texas Nurse Reporting Rules

Austin Texas: The recent Legislative Session, has significantly expanded reporting requirements relating to peer assistance. As of September 1, 2007, a person or entity required to report a nurse, when the nurse is impaired or suspected of being impaired by chemical dependency, mental illness or diminished mental capacity, has a mandatory duty to report the nurse to the BON if it is believed that the impaired nurse committed a practice violation.

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September 22, 2008

Texas Nursing Jurisprudence Examination (NJE)

Austin,Texas: The Texas Board of Nursing (BON) will begin administering the Nursing Jurisprudence Examination (NJE) to all initial nursing licensure applicants by examination and endorsement who apply on or after September 1, 2008.

The NJE will be a new licensure requirement for LVN and RN students seeking licensure through the applicable NCLEX examination, as well as licensed nurses (including advanced practice nurses) seeking licensure by endorsement from out-of-state and from foreign countries.

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September 7, 2008

Texas Nurse Licenses-No More Paper

Austin, Texas:The Board of Nursing (BON) will discontinue issuing wallet-sized paper licenses for nurses renewing their licenses beginning September 1, 2008. The BON will continue to issue paper license certificates for:
* Graduate nurses who pass the NCLEX® exam and obtain their initial nurse license in Texas;
* Nurses who hold licenses in other states and are obtaining a Texas nurse
license for the first time; and
* Nurses who receive full authorization to practice as advanced practice nurses.

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