WEBVTT 1 00:00:00.740 --> 00:00:12.939 ♪ [opening music] ♪ 2 00:00:13.449 --> 00:00:15.645 - I'd like to speak with you when you're finished up here. 3 00:00:15.900 --> 00:00:17.440 - Oh. OK. 4 00:00:17.808 --> 00:00:19.220 I'll be right there. 5 00:00:22.150 --> 00:00:25.633 - [narrator] Whether you're the subject of a complaint regarding your nursing 6 00:00:25.813 --> 00:00:30.441 license or just interested in learning about the disciplinary process for nurses, 7 00:00:30.621 --> 00:00:34.430 we will cover all of the important steps you need to know over the next few 8 00:00:34.610 --> 00:00:35.488 minutes. 9 00:00:37.361 --> 00:00:41.774 A Board of ÌÇÐÄvlog¹ÙÍø¹Û¿´ is charged with the oversight of nursing practices. 10 00:00:41.954 --> 00:00:45.929 It consist of nurses and other members who are appointed to serve for a 11 00:00:46.109 --> 00:00:47.083 period of time. 12 00:00:47.263 --> 00:00:51.629 The board protects the public by licensing nurses and enforcing the state's 13 00:00:51.840 --> 00:00:54.268 laws that govern nursing practice. 14 00:00:55.253 --> 00:00:58.015 An important public protection responsibility 15 00:00:58.320 --> 00:01:03.430 of a board is to provide an objective form for resolving complaints involving nurses 16 00:01:03.610 --> 00:01:07.531 and to determine if discipline of the involved nurse is appropriate. 17 00:01:11.599 --> 00:01:13.021 The Complaint. 18 00:01:15.015 --> 00:01:18.613 Complaints are received by the board of nursing from anyone for this 19 00:01:18.793 --> 00:01:24.444 concern that a nurse's practice of behavior is unsafe, incompetent or 20 00:01:24.624 --> 00:01:29.193 unethical. The board also receives complaints where this believe that a 21 00:01:29.373 --> 00:01:34.181 nurse's practice is affected by substance abuse or a physical or a mental condition. 22 00:01:34.594 --> 00:01:38.923 Some states may take disciplinary action against the nurse for convictions of 23 00:01:39.103 --> 00:01:43.622 certain crimes or for issues such as non-payment of child support, student 24 00:01:43.802 --> 00:01:45.587 loans or taxes. 25 00:01:46.011 --> 00:01:49.231 Complaints can be filed by anyone, including patients, 26 00:01:49.411 --> 00:01:54.545 patient family members, employers or other nurses, co-workers or professionals. 27 00:01:54.834 --> 00:01:58.886 A nurse may also self-report, however matters that are 28 00:01:59.066 --> 00:02:01.760 clearly employment issue such as absenteeism, 29 00:02:01.940 --> 00:02:04.798 personality conflicts and dress code concerns 30 00:02:04.978 --> 00:02:07.290 are not within the board's authority. 31 00:02:08.058 --> 00:02:11.200 An individual filing a complaint with the Board of ÌÇÐÄvlog¹ÙÍø¹Û¿´ 32 00:02:11.520 --> 00:02:16.180 regarding a nurse's practice or behavior may also file criminal or civil charges 33 00:02:16.360 --> 00:02:17.746 against that nurse. 34 00:02:18.438 --> 00:02:21.908 So, what happens when a complaint is filed? 35 00:02:26.269 --> 00:02:28.719 The Complaint Resolution Process. 36 00:02:31.329 --> 00:02:33.914 Throughout the complaint resolution process, 37 00:02:34.094 --> 00:02:36.936 the Board of ÌÇÐÄvlog¹ÙÍø¹Û¿´ assures the nurses due process rights are 38 00:02:37.116 --> 00:02:41.351 protected because the license to practice nursing maybe at risk. 39 00:02:42.281 --> 00:02:45.722 Due process means that the nurse is informed of 40 00:02:45.902 --> 00:02:48.215 any allegations regarding the nurse's practice 41 00:02:48.395 --> 00:02:53.108 and that the nurse has an opportunity to respond and defend against the allegations 42 00:02:53.460 --> 00:02:59.140 and that the matter is resolved through a fair and impartial process. Due process 43 00:02:59.320 --> 00:03:03.390 also includes the right to an attorney at the nurse's own expense and the right to 44 00:03:03.570 --> 00:03:09.820 appeal a board decision. Upon receipt of a complaint, a determination is made as to 45 00:03:10.000 --> 00:03:14.070 whether or not the facts as stated in the complaint are a violation of the laws 46 00:03:14.250 --> 00:03:19.050 that govern nurse's practice. Once this determination is made, an investigation 47 00:03:19.230 --> 00:03:25.090 into the complaint is initiated. During the course of an investigation, the 48 00:03:25.270 --> 00:03:30.070 trained investigator may interview witnesses, obtain court or police records 49 00:03:30.250 --> 00:03:31.559 or a personnel information, 50 00:03:31.739 --> 00:03:36.390 obtain and review client records, obtain and review employer 51 00:03:36.590 --> 00:03:43.400 policies and procedures, conduct site visits, consider standards of care and 52 00:03:43.580 --> 00:03:50.370 obtain the medical records of the nurse. Once sufficient information is gathered, 53 00:03:50.550 --> 00:03:54.520 an important part of the process is providing the nurse an opportunity to 54 00:03:54.700 --> 00:04:00.150 respond to the allegations and present her or his side of the story. Boards vary in 55 00:04:00.330 --> 00:04:03.587 the methods used to obtain the nurse's perspective on what happened. 56 00:04:04.241 --> 00:04:09.279 If no violation of nursing law is found, the complaint will be closed. 57 00:04:09.531 --> 00:04:12.022 Otherwise, the complaint proceeds to a defined 58 00:04:12.202 --> 00:04:15.882 process toward resolution which varies by a state. 59 00:04:20.176 --> 00:04:24.072 Complaint Resolution Without an Administrative Hearing. 60 00:04:25.645 --> 00:04:29.624 Most complaints are resolved without a formal administrative hearing. 61 00:04:29.804 --> 00:04:32.780 This method for a complaint resolution varies by 62 00:04:32.960 --> 00:04:36.131 state and may include informal or alternative 63 00:04:36.311 --> 00:04:40.455 disciplinary or non-disciplinary negotiated agreements. 64 00:04:41.526 --> 00:04:44.123 Agreement negotiations between the nurse and 65 00:04:44.303 --> 00:04:46.628 the board or their respective representatives 66 00:04:46.808 --> 00:04:50.369 maybe conducted by mail, phone or in person. 67 00:04:51.085 --> 00:04:53.576 The results will be communicated in writing and 68 00:04:53.756 --> 00:04:56.304 include whether the resolution is disciplinary or 69 00:04:56.484 --> 00:05:00.391 non-disciplinary and whether the agreement will be made public. 70 00:05:01.308 --> 00:05:04.262 Nurses undergoing discipline should contact the 71 00:05:04.442 --> 00:05:07.384 board of nursing regarding the availability and the specifics 72 00:05:07.564 --> 00:05:11.956 of alternative complaint resolution processes in their jurisdiction. 73 00:05:15.077 --> 00:05:18.661 Complaint Resolution Via Administrative Hearing. 74 00:05:20.273 --> 00:05:25.119 Administrative hearings provide another means for complaint resolution. 75 00:05:25.433 --> 00:05:28.830 While the procedures and formats for administrative hearings 76 00:05:29.010 --> 00:05:31.003 differ depending on the jurisdiction. 77 00:05:31.183 --> 00:05:35.475 It is usually the board's responsibility to decide whether the state has proven its 78 00:05:35.655 --> 00:05:38.454 case if disciplinary action is warranted 79 00:05:38.634 --> 00:05:41.615 and the type of disciplinary action to take. 80 00:05:43.349 --> 00:05:46.808 State law will vary as to the standard of proof required in 81 00:05:46.988 --> 00:05:51.456 administrative law cases. If the board determines that disciplinary action is 82 00:05:51.636 --> 00:05:55.876 warranted, the board must then decide on the type of action. 83 00:05:56.198 --> 00:05:59.814 If you are a nurse who has had a complaint filed against you, 84 00:05:59.994 --> 00:06:02.364 you should contact the specific board of nursing 85 00:06:02.544 --> 00:06:06.244 for additional information regarding how this hearings are conducted. 86 00:06:07.160 --> 00:06:11.019 Whether the action was the result of a formal or informal process, 87 00:06:11.199 --> 00:06:16.429 a board considers the underlying cause extenuating circumstances and the risk of 88 00:06:16.609 --> 00:06:22.000 harm to patients or the public in determining its actions. The language used 89 00:06:22.340 --> 00:06:27.157 to describe the types of actions available to boards varies according to state law. 90 00:06:28.300 --> 00:06:32.350 Although terminology may differ, board action may affect the nurse's licensure 91 00:06:32.530 --> 00:06:39.870 status and ability to practice nursing. Board actions may include a reprimand, 92 00:06:40.050 --> 00:06:47.430 letters of concern or caution, a fine or civil penalty, the recovery of costs, 93 00:06:47.610 --> 00:06:51.930 referral to an alternative to discipline program for practice monitoring and 94 00:06:52.110 --> 00:06:56.480 recovery support for chemically dependent nurses or for other mental or physical 95 00:06:56.660 --> 00:07:02.175 conditions. Requirements for monitoring education or other provision tailored to 96 00:07:02.355 --> 00:07:07.882 the particular situation. A limitation or a restriction of one or more aspects of 97 00:07:08.062 --> 00:07:13.981 practice such as limiting rule, work setting, work activities or hours worked. 98 00:07:14.287 --> 00:07:19.216 Probation, the removal from practice for a period of time. 99 00:07:20.847 --> 00:07:25.192 In more serious cases complaint resolution may result in: 100 00:07:25.812 --> 00:07:31.190 revocation or surrender of license, denial of licensure. 101 00:07:32.303 --> 00:07:37.213 The board's number one goal is public safety and it also considers the 102 00:07:37.393 --> 00:07:42.439 ability of the nurse to return to the safe practice of nursing. Whatever action is 103 00:07:42.619 --> 00:07:47.560 taken, board action in one state may affect the nurse's ability to practice in 104 00:07:47.740 --> 00:07:48.855 another state. 105 00:07:49.788 --> 00:07:54.337 Adverse action data may be available to state and federal agencies, 106 00:07:54.690 --> 00:07:58.620 provider organizations such as hospitals, insurance companies, professional 107 00:07:58.800 --> 00:08:00.910 societies and the public. 108 00:08:02.192 --> 00:08:06.591 Federal Law requires certain adverse actions taken against the licenses 109 00:08:06.790 --> 00:08:11.825 of healthcare providers including nurses to be reported to National Databases. 110 00:08:12.005 --> 00:08:14.426 In addition, many boards have determined that 111 00:08:14.606 --> 00:08:17.102 it is in the public's best interest to be 112 00:08:17.282 --> 00:08:20.327 made aware of actions against the nurse's license. 113 00:08:20.507 --> 00:08:24.830 Boards may include a list of disciplinary actions in their periodic newsletters, 114 00:08:25.010 --> 00:08:26.948 other publications or their websites. 115 00:08:27.128 --> 00:08:31.273 Check with the specific Boards of ÌÇÐÄvlog¹ÙÍø¹Û¿´ regarding access to information 116 00:08:31.453 --> 00:08:33.784 about disciplinary actions. 117 00:08:34.565 --> 00:08:37.973 Boards of ÌÇÐÄvlog¹ÙÍø¹Û¿´ are charged to protect the public 118 00:08:38.260 --> 00:08:42.080 and an important public protection responsibility is to provide an objective 119 00:08:42.260 --> 00:08:47.470 forum for resolving complaints involving nurses and to determine whether action 120 00:08:47.650 --> 00:08:51.367 against the nurse is warranted fairly and justly. 121 00:08:51.547 --> 00:08:55.657 ♪ [music] ♪ 122 00:08:55.837 --> 00:09:00.269 - Should you be the subject of a nursing complaint. Take it seriously. 123 00:09:00.449 --> 00:09:02.535 The Board of ÌÇÐÄvlog¹ÙÍø¹Û¿´ is here to investigate 124 00:09:02.715 --> 00:09:05.635 the claim and to follow up, but is also here to 125 00:09:05.815 --> 00:09:10.849 ensure you receive fair and just due process. The system has been designed to 126 00:09:11.029 --> 00:09:14.702 protect both you and the public. So when the Board of ÌÇÐÄvlog¹ÙÍø¹Û¿´ comes to a 127 00:09:14.882 --> 00:09:18.640 resolution, you are encouraged to comply and remember, 128 00:09:18.820 --> 00:09:21.026 every state has its own rules. 129 00:09:21.206 --> 00:09:25.180 It's important for you to understand what those are and to abide by them. 130 00:09:25.727 --> 00:09:29.023 For more information, contact your state's Board of ÌÇÐÄvlog¹ÙÍø¹Û¿´. 131 00:09:29.203 --> 00:09:35.112 You can also access many helpful resources online at NCSBN.org. 132 00:09:35.858 --> 00:09:39.708 ♪ [music] ♪