The following is a listing of public actions taken by the Board of Examiners for Nursing or the Connecticut Department of Public Health. Based on this West Virginia event, Texas filed formal charges against her and she voluntarily surrendered her license. 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. All Integrity Network members are paid members of the Red Ventures Education Integrity Network. This act requires systematic oversight of regulations. It must be completed within the required deadline. ), Suspended practice (loss of license for a specific period), License revocation (complete loss of license). Complaints fall into the following categories: According to the CNA and NSO Nurse Professional Liability Exposure Claim Report, published in 2020, the most common allegations are the following: Drug diversion or substance misuse made up 42.3% of all professional conduct alleged violations, and failure to maintain standards accounted for 58.9% of all scope of practice violations allegations. 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). The sections below will briefly describe the uniform license requirements and the background checks, key disciplinary provisions, and the process for reporting disciplinary actions against the licenses and privileges of nurses with multistate licenses. Young chose not to contest the allegations. It is noteworthy, however, to understand that a nurse with a felony plea or conviction may still obtain a single state nursing license. NOTE: The following information is not intended for licensure verification purposes. Reporting & enforcement. At the time of this writing, thirty-one states have joined the eNLC. Under the eNLC the states have uniform licensure requirements, are authorized to obtain and submit criminal background checks, and are required to report all disciplinary measures (NCSBN, n.d.j, 2015a, 2016). Board action is required to discipline your nursing license, because only the Board has . The impact of a criminal conviction is also presented. However, if the faculty is in a compact state, and the student is in a remote compact state, the multistate license will suffice. Enhanced Nurse Licensure Compact (eNLC) implemented Jan. 19, 2018 [News release]. According to the NCSBN, this represents less than 1% of all nursing licenses. You may ask how another board of nursing would find out about a discipline in another state. West Virginia barred her for five years, Oregon for three, and Minnesota and Texas for one year (NCSBN, n.d.h). Retrieved from https://www.bon.texas.gov/enlcnotice.asp, https://doi.org/10.3912/OJIN.Vol24No02PPT09. One such rule is the one primary residence rule (NCSBN, n.d.d). The most crucial part of this process is when it first begins, and there has been a complaint made against you. West Virginia suspended her license immediately and scheduled a hearing. If you need assistance contact us. Disciplinary actions may alsobe viewed the Department of Public Health's Regulatory Action Reports. 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. Amidst concerns that the NLC did not successfully guarantee the competence of nurses who practiced across state lines, membership in the compact stalled after the twenty-fifth state joined. Nursing disciplinary action consists of six separate phases. . While living in Tennessee, she contacted West Virginia residents by phone and wrote prescriptions for patients with whom she had no provider/patient relationship. Kelman B, et al. 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. Finally, the ONA opposed the NLC because of the belief that it would shift power and influence from the nurses and the state nurses associations to the Interstate Commission of Nurse Licensure Compact Administrators. By signing the order in Connecticut, she chose not to contest the allegations. In addition to suspending or revoking a nursing license, state boards of nursing may issue fines or warnings and possibly require a nurse to complete professional education as part of their nursing disciplinary action. Following some charges against her in Texas. of Nursing, Voluntary Agreement Not to Implications of the Compact for EducatorsEducators are not exempt from licensure requirements.Educators are not exempt from licensure requirements. Below are the number of serious actions against registered nurses that Connecticut reported in recent years, based on a ProPublica analysis of data from the Health Resources and Services Administration (see caveats). Drawing on their firsthand industry expertise, our Integrity Network members serve as an additional step in our editing process, helping us confirm our content is accurate and up to date. Nurses must also pay for any remedial requirements (such as mandatory education) or substance misuse treatment. Explore our full list of Integrity Network members. This does not yet determine if the complaint is valid, just whether the board of nursing has jurisdiction. Some of the features on CT.gov will not function properly with out javascript enabled. 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). (2013). 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. In the sections above, I have discussed the provisions and provided some examples of disciplinary actions of the multistate nursing licensure compact. This does not preclude a non-compact state from issuing a single-state license to that nurse during the same period. During the review, the state board of nursing first decides if the complaint falls under nursing disciplinary actions, that is, if it violates the nurse practice act for that state. If outside the United States, applicants must have graduated from a program approved by authorized accrediting body and must have passed an English proficiency examination. All applicants must also have passed the applicable licensing examination and be eligible to hold an unencumbered license (NCSBN, n.d.j). The applicant must also possess a valid United States social security number (NCSBN, n.d.j). Visit the CDC COVID-19 Community Levels Map for updates. The States of Illinois and California also brought charges against her based solely on the Texas action (Texas BNE, n.d.). According to the National Council of State Boards of Nursing (NCSBN), nursing disciplinary action "affects the nurse's licensure status and ability to practice nursing." 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. She faced sanctions with multiple states in 2016 based on an event that happened in a telemedicine practice in West Virginia. in the Operating Room (pdf), Declaratory Ruling - Examinations by Advanced Practice Registered Nurses 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. The decision to grant such a license is at the discretion of each state (Texas BON, 2017). This could be a positive because the standard of proof at these hearings is higher than a preponderance of the evidence and requires evidence that is so clear that it leaves little room for doubt. All rights reserved. Employers should also be aware that their employees are subject to the rules of other jurisdictions. (Texas BNE, n.d.). The probation requires her to pass random drug tests and see a therapist for chemical dependency. 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). . Facing Investigations. This page has information and updates on nursing boards and regulation specific to Colorado. They are one of the most trusted professions in the country because of their high standards. You may verify a license on-line atwww.elicense.ct.gov or by calling 860-509-7603. Why nurses are raging and quitting after the RaDonda Vaught verdict. 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. Visit the CDC COVID-19 Community Levels Map for updates. Some states may still be in the process of changing, so each nurse must do due diligence to confirm a specific state's regulations (NCSBN, n.d.a). For example, Case #4 was a registered nurse with a license from Kentucky and a PTP in Texas, who was convicted of DUI and possession of marijuana, both of which were misdemeanor offenses. Nurses with multistate licenses, however, are subject to the laws and nurse practice acts of both their home state, and all the compact states in which they hold a PTP (Ridenour, 2011). 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. 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. 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. The probation will begin concurrently with the suspension. People who are at a high risk for severe illness should consider additional measures to minimize their exposure to COVID-19 and respiratory illnesses. the 50 states entry-to-practice requirements were not standardized, thereby creating unreasonable barriers to interstate mobility for many professionals.In this report, the Pew Commission noted that the 50 states entry-to-practice requirements were not standardized, thereby creating unreasonable barriers to interstate mobility for many professionals. Civil Penalty - $2500.00 It created the Enhanced Nursing Licensure Compact (eNLC). While nurses may have the privilege to practice in many compact states, they can have only one nursing license. https://libguides.ctstatelibrary.org/law/state-agency-decisions, Get a Library Card & Use or Borrow Materials, Library for the Blind and Physically Handicapped, Braille and Audio Reading Downloand (BARD), Connecticut Volunteer Services for the Blind & Handicapped, Inc. (CVSBH), Connecticut State Historical Records Advisory Board, The Public Records of the State of Connecticut, Commission of Human Rights and Opportunities, Brief History of the Department of Public Health, Department of Public Health Regulatory Reports, Affirmative Action/Equal Opportunity Employer. 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 board suspended the RN license of Karina Francis of Manchester for six months and placed her license on probation for four years. Because state boards are in charge of licensing, they are also responsible for investigating complaints. 2016 CT.gov | Connecticut's Official State Website, regular DPH of intent to return to practice in CT, Cease & Desist the Practice Copies of documents referenced in this report, including Memoranda of Decision following a hearing, Consent Orders, Voluntary Surrenders, and Summary Suspensions are available onthe. That action did not stop the Commonwealth of Virginia from placing her license on probation. What educators need to know about the enhanced Nurse Licensure Compact [Special issue]. practicing. Our contributing writers leverage diverse educational and professional backgrounds to create content for NurseJournal. To be eligible for a multistate license, the applicant must not currently be in an alternative program (NCSBN, n.d.j). (n.d.b). (2015a). Contact us with questions or updates. Retrieved from https://www.ncsbn.org/Memo2Employers_PSOR.Requirements.pdf, Ohio Nurses Association. . Nursys is an online database of the NCSBN that stores nurse licensure and disciplinary information. 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). The complete DPH COVID-19 toolbox is located at ct.gov/coronavirus. 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). Connecticut Health Investigative Team 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. Questions can be directed to call Susan Goodness at the Board office, (603) 271-2323.. 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. Retrieved from https://www.ncsbn.org/671.htm, National Council of State Boards of Nursing, Inc. (n.d.h). Misdemeanor offenses are viewed on a case by case basis. As part of the measures to protect the public, the uniform license requirements also state that when an applicant seeks initial licensure or licensure by endorsement, the states must obtain the applicants criminal history record through fingerprints or biometric data from the Federal Bureau of Investigation (FBI), and the state (NCSBN, n.d.j). As has been shown above, there can be a domino effect of disciplinary actions against nurses licenses. The board also placed the licenses of the following nurses on probation for four years and ordered them to pass random drug and alcohol tests: LPN Tammy Piccirillo of Seymour who, according to a consent order she signed, abused opiates from 2017 to 2018. Copyright 2023 The License Lawyers - Attorney Jay Ruane is reponsible for the content of this advertising. In 2019, there were over 100 situations where a nurse faced disciplinary action against their license. Her phone number is (410). Read our recipe for investigating nursing boards' oversight. Investigations may take several months depending on the case. Please visit covidtests.gov to request four free COVID-19 self-test kits from the Federal Government. This license switch must be done in a timely manner. The infraction is handled as if the offense took place in their jurisdiction, even if it happened in a remote location (NCSBN, 2017). 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. Jason Blando - (Public Member) font size, Practitioner Licensing and Investigations Section, Mandatory Reporter of Abuse Neglect and Exploitation. The complete DPH COVID-19 toolbox is located at ct.gov/coronavirus. Once the Virginia license was granted, the Texas license became invalid. 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. 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. The language used to describe the types of disciplinary actions available to BONs varies according to state law. Partial paper work constitutes an infraction. Following our investigation found, the database's management team was replaced. (n.d.f). Check with each state before using these figures in a story. Position statement: Multi-state Nurse Compact Licensure [PDF file]. This piece was developed in collaboration with one or more of our writers. Credit: JGI/Tom Grill | Tetra Images | Getty Images, According to the National Council of State Boards of Nursing, according to the National Practitioner Data Bank, https://khn.org/news/article/nurses-react-radonda-vaught-verdict-conviction/, https://news.gallup.com/poll/388649/military-brass-judges-among-professions-new-image-lows.aspx, https://www.aacnnursing.org/News-Information/Fact-Sheets/Nursing-Fact-Sheet, Do Not Sell or Share My Personal Information. practicing It will not be helpful for your situation if you are more concerned with apologizing and speaking out of emotion than cooperating with the board and the investigation. The order also said that several times between 2014 and 2019, Rowe abused alcohol to excess. The implementation date was six months from the effective date: January 19, 2018 (NCSBN, 2018a). These laws are based on the Nursing Practice Act and allow the BONs to issue appropriate . 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. 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. Nurses can get legal counsel at any stage of nursing disciplinary action, from the initial complaint through the board's actions. Nurses can face disciplinary action for medical malpractice, substance abuse, and various forms of misconduct. Prelicensure distance education requirements. Civil Penalty - $200.00, Ellen Sollazzo On-Line License Verification. This compensation does not influence our school rankings, resource guides, or other editorially-independent information published on this site. (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.). 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. According to the NCSBN, each year less than 1% of nurses have any adverse action taken against their licenses. Identification of the nurses involved have been replaced by assigned numbers (e.g. 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. Board of Nursing Disciplinary Actions. While that may create anxiety for some nurses, it should comfort others that the eNLC will not be an avenue for errant nurses to practice under the radar. 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%). During the investigation stage, the agency board that opens the investigation over you can search for information relating to the allegations made against you, but are not limited to issues only related to the complaint. Such actions would be unlawful and would violate public policy, since the nurse practice acts prohibit a nurse from holding more than one license under the eNLC (NLC Administrators, 2013). Connecticut Health Investigative Team The state Medical Examining Board ranked 37 th in the nation in the annual rate of serious disciplinary actions the board took against physicians. Going through an investigation and a disciplinary process can cause a lot of stress and anxiety on the person involved. Civil Penalty - $440.00, Brian Gross The article begins by presenting the history of the NLC, followed by discussion about the effective and implementation dates and a review of key provisions of the enhanced Nurse Licensure Compact. 2016 CT.gov | Connecticut's Official State Website, regular It recommended, among other things, that States should standardize entry-to-practice requirements and limit them to competence assessments for health professions to facilitate the physical and professional mobility of the health professions, (Pew, 1995, p. ix). 2019 and 2018 Disciplinary Action. 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.The possibility of long distance or telehealth practice will be of great financial benefit to military spouses who may move from state to state. Contact Info Colorado Board of. Please visit covidtests.gov to request four free COVID-19 self-test kits from the Federal Government. Retrieved from https://www.ncsbn.org/transcript_NurseLicensureCompact.pdf, National Council of State Boards of Nursing. This action may be revised after the full investigation. DISCIPLINARY ACTION -License suspended. Many times, at this stage, there is something that the board has found that has led them to hold a hearing. The report included 10 recommendations to promote healthcare provider mobility (Donaho, Mudge, & Price, 1997; Pew, 1995). In a similar scenario, Case #2, an LVN with a license from Virginia, with a PTP in Texas, was charged with practicing without a valid license in 2016.
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