Health License Defense » substance abuse

Trying to find a job while under a Board Order

Taralynn Mackay — Wed, 03 Feb 2010 16:30:09 +0000

I have heard from another nurse who is having a difficult time obtaining a job while under a Board Order. This is an ongoing problem especially in this economy. Some employers are refusing to hire a nurse no matter what the basis for the Order. Most nurses cannot afford to fight an Order in court or the facts of the nurse’s case are such that there is a definite violation and fighting in an administrative law court may not gain the nurse much. There are some solutions that can help:

1. Make sure you have malpractice insurance so that you have the financial resources to go to a hearing if you do not agree with the BON’s decision in your case.

2. When looking for a job, ask everyone you know for help in finding a job. It tends to be easier to get a job if someone is on the “inside” vouching for you and your skills. There are also employers out there that understand that most nurses with a Board Order are not “bad” nurses; that the nurse just made a mistake, or was overworked/understaffed, or had a disease relapse etc. These employers recognize that most nurses that have had a Board Order become extremely cautious nurses and become definite assets to the facility.

3. Make sure that you have an experienced and BON knowledgeable attorney assist you with your case before the BON so that you get the best outcome possible.

4. You must present a professional appearance (this includes your resume, your social networking site pages, and any application you complete).

5. Contact your state senators and representatives and ask them to make some changes for the next legislative session in 2011. Some areas that need changes: expand the corrective action provisions to apply to minor practice violations, allow non-public orders for mental health issues and substance abuse (these are diseases, so why allow the publicity?), allow deferred adjudications to be just that and not be considered a conviction by the BON, and change the language in the NPA from shall to may to allow the BON leeway to make determinations based on mitigating factors. As 2010 progresses, I will probably think of more…

I also have more info here: http://nursinglaw.blogspot.com/2009/07/how-to-explain-past-board-orders-to.html

Temporary Suspension of License for a Postive Drug Screen

Taralynn Mackay — Tue, 15 Dec 2009 17:45:07 +0000

Nurses that are on Board Orders for monitoring due to substance abuse or on a Board Order sending the nurse to TPAPN must be extremely careful with complying with their Board Order and with what they ingest because of the following section of the Nurse Practice Act (taken from the Board’s website at www.bon.state.tx.us). There is no provision to allow for an explanation that you mistakenly took a medication or that you were only taking cough medicine or whatever explanation is given for the positive screen. The Board will temporarily suspend your license and then you and your attorney will work on getting the issue resolved and your license unsuspended; so, it is much better to be careful to begin with.

Sec. 301.4551. Temporary License Suspension for Drug or Alcohol Use.

The board shall temporarily suspend the license of a nurse as provided by Section 301.455 if the nurse is under a board order prohibiting the use of alcohol or a drug or requiring the nurse to participate in a peer assistance program, and the nurse:

(1) tests positive for alcohol or a prohibited drug;

(2) refuses to comply with a board order to submit to a drug or alcohol test; or

(3) fails to participate in the peer assistance program and the program issues a letter of dismissal and referral to the board for noncompliance.

[Added by Acts 2009 (H.B. 3961), 81st Leg., eff. June 19, 2009]

Impairment Issues before the Nursing Board

Taralynn Mackay — Mon, 07 Dec 2009 16:49:28 +0000

The Texas Board of Nursing’s E&D Committee is discussing the following issues today:

1. Discussion and review of the Board¿s policies and rules relating to physical and psychological evaluations for mental impairment, physical impairment, and/or chemical dependency/abuse of drugs or alcohol, including review and discussion of the Occupations Code §301.4521; 22 Tex. Admin. Code §§213.20, 213.29, and 213.30; proposed amendments to 22 Tex. Admin. Code §213.33; and the Eligibility and Disciplinary Sanctions for Nurses with Substance Abuse, Misuse, Substance Dependency, or Other Substance Use Disorder.

2. Presentation by Dr. A. David Axelrad, M.D., relating to physical and psychological evaluations, including information regarding objective testing, evaluation criteria, and qualifications of evaluators.

3. Committee recommendations regarding proposed amendments to 22 Tex. Admin. Code §213.33 and guidelines for physical and psychological evaluations for mental impairment, physical impairment, and/or chemical dependency/abuse of drugs or alcohol.

4. Continued discussion and review of SB 1415, enacted by the 81st Legislature, Regular Session, effective September 1, 2009, and Pilot Program on Deferral of Final Disciplinary Actions, including discussion of the feasibility of conducting a pilot program to determine the efficacy of deferring disciplinary actions.

5. Committee recommendations regarding the feasibility of conducting a pilot program to determine the efficacy of deferring disciplinary actions pursuant to SB 1415.

This means that we should see some new rules or guidelines or policies coming from the Board regarding psychological evaluations and something regarding how the Board plans to implement SB 1415. So, more to come….

BON at full staff-be careful if under Board monitoring or TPAPN order

Taralynn Mackay — Tue, 10 Nov 2009 23:21:32 +0000

Although there is still one attorney position still posted to be filled at the Texas Board of Nursing, the Board staff has reported that since they are at full staff they are going to move very quickly on violations of Board monitoring orders for substance abuse or for violation of TPAPN orders. Nurses under such orders must remember that the new 301.4551 section of the Texas Occupations Code authorizes the Board to temporarily suspend a nurse under such circumstances. Therefore, it is crucial to be very careful if subject to a substance abuse order or if you are a participant in TPAPN: be sure to call in on time, get your screens as required, submit all paperwork timely and be very, very, very careful of anything that you eat or drink.