Being a nurse is probably one of the most difficult jobs anyone can do. The combination of long hours, extra shifts, and the nonstop pace can be physically and mentally exhausting. New Hampshire's nursing shortage puts even more pressure on those who show up to work.
Whether you work at Dartmouth-Hitchcock in Lebanon, The Elliot in Manchester, within the Core network in Exeter, or at any of their other locations, being responsible for patients' lives and witnessing sickness, injuries, and death on a daily basis can be stressful and emotionally draining. The job can take a toll on even the strongest, most resilient professional.
Unfortunately, many nurses develop substance abuse problems. Some turn to drugs and alcohol for many different reasons — perhaps to relieve their stress or to help them cope with what they experience day in and day out. Some take advantage of their easy access to pharmaceuticals and divert patients' medications for their own use.
Substance abuse problems and addiction can wreak havoc on nurses' lives in many ways. In addition to putting their own well-being at risk, nurses who abuse substances such as drugs and alcohol can present a real danger to their patients. Being under the influence of drugs or alcohol while on duty at a hospital puts patients' lives at risk. Because of this, nurses who use or abuse drugs or alcohol risk losing their licenses.
Some nurses may use drugs or alcohol recreationally while they're off-duty and find themselves in the position of having to answer for their behavior to their state nursing boards. Others may be falsely accused of using or abusing drugs or of diverting their patients' medications. In each case, the nurse's license is at risk.
Many states offer special programs for nurses who struggle with substance abuse problems. These programs, known as Alternative to Discipline programs, are designed to help nurses overcome their substance abuse problems and/or addictions and get back to work – without jeopardizing their licenses. These programs have many rules and restrictions that nurses need to be aware of before they enroll or commit to them.
That's why it's critical for New Hampshire nurses who are experiencing problems with drugs or alcohol abuse – or are accused of using or abusing drugs or alcohol – to contact the Lento Law Firm's Professional License Defense Team. We have years of experience helping nurses in the Granite State and throughout the nation protect their professional licenses and get the help they need.
Whether you're a Registered Nurse (RN), an Advanced Practice Registered Nurse (APRN), a Licensed Nursing Assistant (LNA), a Licensed Practical Nurse (LPN), or a Medication Nursing Assistant (MNA) in New Hampshire, we're here to help you understand and navigate the disciplinary process, as well as the alternative-to-discipline process. Call us at 888-535-3686 or submit a confidential online consultation form to tell us about your case and connect with an experienced member of our team.
State Nursing Boards Are Responsible for Protecting the Public
State nursing boards across the nation are charged with the responsibility of protecting the public. They do this by developing criteria for obtaining a nursing license and then overseeing those who obtain these licenses. If a nurse violates the board's rules or otherwise engages in unprofessional conduct or conduct that endangers the public, the board can investigate the matter and issue an appropriate punishment. Allegations of substance abuse and addiction by a nurse will usually trigger an investigation by a state nursing board.
Being investigated by a state nursing board can be a challenging and intimidating experience. This is the case even if the question of substance abuse isn't involved. The investigation process can be complicated, and so much is riding on the outcome. The Lento Law Firm's Professional License Defense Team can be a valuable source of support to any nurse who's under investigation by their state licensing board for issues relating to drugs or alcohol use, and for any other reason as well.
State Licensing Boards Can Punish and Discipline Nurses
State nursing boards will investigate complaints that they receive that allege that a nurse is using or abusing drugs. This can be information that a nurse failed a workplace drug test, or a report from a patient that the nurse was intoxicated while working a hospital shift, or a complaint from a colleague that a nurse is diverting patients' medications for their own use.
If the board's investigation concludes that punishment is necessary under the circumstances, the board has many options — many of which can affect the nurse's nursing license.
Generally, state licensing boards have the power to revoke a nurse's professional license, suspend it, or place limitations and conditions on it. All of these consequences can affect a nurse's ability to work and earn a living.
Using Drugs or Alcohol Can Jeopardize Your Nursing License
If a state nursing board receives a complaint accusing a nurse of using or abusing drugs or alcohol, they will take it very seriously. A nurse who uses drugs or alcohol poses a potential danger to their patients. This is the case even if the nurse is reported to be using alcohol recreationally on their own time while they aren't at work. A DUI arrest, for example, can trigger a state nursing board investigation against the offending nurse, as can a Facebook post of you enjoying some adult beverages at a party.
In New Hampshire, failing a drug test, diverting patients' medications for their own use, or “drug-related actions,” which include using drugs or alcohol to an extent that can injure themselves or the public, can land nurses in hot water with the state Board of Nursing, putting their licenses at risk.
If you receive word that someone filed a complaint with the state nursing board accusing you of using or abusing drugs or alcohol, don't wait for the board to start their investigation to reach out for help. The Lento Law Firm's experienced Professional License Defense Team is here to help you.
Nurses Are Particularly Susceptible to Developing Substance Abuse Problems
For many reasons, nurses are particularly susceptible to developing substance abuse problems. The stress that they experience on the job is second to none. It's also an emotionally taxing profession. Some nurses turn to alcohol or drugs to help them alleviate this stress.
Because of the physical nature of the job, some nurses develop injuries that require medication to manage. Back pain and back injuries are common among nurses. Some, unfortunately, become addicted to their pain medication.
In New Hampshire, the opioid crisis is widespread, and fentanyl use is a huge problem, especially in Manchester and Nashua. In fact, New Hampshire has one of the highest rates in the nation for illegal drug use. Nurses aren't immune to this epidemic of drug use in the Granite State.
Alternative to Discipline Programs Can Help Nurses Avoid Punishment, Get Help, and Keep Their Licenses
In recognition of the fact that nurses are particularly vulnerable to developing substance abuse problems, many states have set up programs that aim to get nurses the help they need to overcome their substance abuse problems without jeopardizing their nursing licenses. These programs are commonly referred to as Alternative to Discipline (ATD) programs. Their purpose is to get struggling nurses the help they need without subjecting them to punishment by their state nursing boards.
ATD programs are special programs that are available to nurses suffering from substance abuse problems. These programs provide nurses with the resources they need to conquer their drug or alcohol problem without affecting their nursing license. The specifics of these programs vary from state to state. Many are voluntary, and most will allow nurses to take as much time as they need to heal themselves, get back on track — and get back to work.
In some cases, the nurse's state nursing board will refer a nurse to the state's ATD program. This can be a way for the nurse to avoid the disciplinary process when someone files a complaint against them.
The key to ATDs is that there is generally no impact to the nurse's license if they successfully complete the program. The purpose of ATDs is to encourage nurses to come forward and get the help they need so they can get back to work.
Some of the services that an ATD offers the nurse include:
- Assessment to verify the type and extent of impairment
- Referral for detoxification or further medical evaluation as needed
- Referral to treatment programs
- Development of a participant centered return-to-work plan that includes random drug tests, continuing care (support groups), and ongoing consultation with the nurse's supervisor
Each ATD program is different, and it's important to understand the consequences to you and your professional license if you participate in an ATD program. The Lento Law Firm's Professional License Defense Team can provide critical support in this regard.
Although Alternative to Discipline Programs for Nurses Can Be Helpful, It's Important to Know What You're Getting Into
When considering whether to commit to an ATD, nurses need to understand exactly what they're getting themselves into. In many cases, nurses can enter an ATD program voluntarily. However, in other cases, a nurse's participation in an ATD is required by their state's nursing board because of allegations contained in a complaint made against the nurse. It's important to keep in mind that the specifics of each program will vary from state to state.
Although these programs are designed to help nurses get treatment and keep their licenses, nurses need to know that they will have to abide by the program's rules and requirements in order to complete the program.
In general, many ATD programs require nurses to acknowledge that they have a drug or alcohol problem and to agree to be monitored by the state's ATD agencies. The Lento Law Firm's Professional License Defense Team can help you understand the implications that acknowledging you have a substance abuse problem can have on your license and future career.
While they're in the program, the state nursing board may restrict or suspend their license for a time. The nurses must comply with the plan and successfully complete it in order to avoid any disciplinary action against their license.
Nurses also need to carefully consider the duration of the ATD program they are considering. Some can be as long as five years. A knowledgeable professional license defense attorney can provide valuable assistance to nurses who are either considering entering into one voluntarily, or who are required to complete an ATD program by their state nursing board.
The Lento Law Firm's Professional License Defense Team can help any nurse who's struggling with a substance abuse problem or who's been accused of having one figure out what the specific requirements are for their state's ATD program. We can help you understand how your participation in your state's program can affect your license and your ability to earn a living.
New Hampshire Offers Nurses an Alternative Recovery Monitoring Program: NHPHP
It was only very recently that New Hampshire offered nurses an ATD program – which is referred to as an alternative recovery monitoring program in the Granite State. New Hampshire law now requires the state to contract with other organizations to set up and operate an alternative recovery monitoring program for nurses (and other healthcare professionals) who are “impaired” by substance abuse problems.
The New Hampshire Office of Professional Licensure and Certification (OPLC) set up the New Hampshire Professionals Health Program (NHPHP) for New Hampshire nurses.
NHPHP is a free, confidential program that provides a variety of services. They can refer nurses to professionals and programs that can help them with their problems. NHPHP also monitors nurses who are in the program because the state Board of Nursing requires them to participate. So, within NHPHP is a voluntary track and a track that's mandated by the state nursing board.
NHPHP is independent of the OPLC — which governs the New Hampshire Board of Nursing. NHPHP has strict policies and procedures regarding the confidentiality of nurses who participate in the program. Even in cases where the nurse is in the program at the board's request, NHPHP is supposed to provide the licensing board with only the information necessary for the board to carry out its separate function with respect to the nurse. Generally, in order for any information about a nurse to be released, the nurse has to sign a consent form.
The Purpose of New Hampshire's Alternative to Discipline Program for Nurses
One of the main purposes of NHPHP is to encourage nurses to self-report their problems and get the help they need. And also to reduce the stigma attached to having a substance abuse problem. New Hampshire's healthcare facilities have great needs for nurses, and NHPHP aims to be able to help licensed NH nurses keep their licenses so they're able to help patients throughout the state's healthcare facilities.
Generally, when nurses engage in behavior that violates the rules set forth by their state license board, the state licensing board can punish them. They can revoke, suspend, or restrict a nurse's license and can also impose fines on them — all of which can cost a nurse their job.
This program can include counseling, support groups, education, drug and alcohol testing, monitoring, and other services that the nursing board approves.
How New Hampshire's Alternative to Discipline Program Works
In New Hampshire, anyone can report to the State Board of Nursing information about a nurse who they believe is using or abusing drugs or alcohol. If they determine that the complaint has merit, they will either refer the matter for disciplinary proceedings or refer the nurse to an alternative recovery monitoring program.
When determining which course of action to take, the board will consider many factors, such as whether the nurse has taken the initiative to self-report their substance use or abuse or whether the matter was brought to the board's attention by someone else.
Depending on the circumstances of each case, the program – which will be implemented by NHPHP – might include counseling, education, drug testing, support groups, and monitoring. In order to avoid disciplinary action, the nurse must successfully complete the program.
The duration of the program can vary, but at least one New Hampshire nurse's disciplinary case reveals that the program can last for as long as five years. This is a very important factor to consider before committing to a NHPHP program.
New Hampshire nurses also need to be aware that a temporary suspension or a “limitation of clinical privileges” may be part of their NHPHP program. This means that the nurse might not be allowed to work while they're in the program.
Therefore, before a New Hampshire nurse enters into an alternative recovery monitoring program, it would be in your best interest to contact the Lento Law Firm's Professional License Defense Team. We can help you understand the terms of your alternative recovery program and help you make the best decision for yourself and your family.
Why New Hampshire Nurses Should Consult With a Professional License Attorney Before Entering Into an Alternative to Discipline Program
If you're a New Hampshire nurse who's been accused of using or abusing drugs or alcohol or are struggling with a substance abuse or addiction problem, you need to understand that your professional license is in jeopardy. The New Hampshire Board of Nursing can revoke the license of any nurse who uses or abuses drugs or alcohol. They can also suspend it, restrict it, and issue other serious punishments against you. This can wreak havoc on your career and leave you unable to work and earn a living.
Most states offer an alternative to discipline program that's designed to help nurses who are struggling with substance abuse problems get the help they need and avoid being disciplined by their state nursing board. While this sounds like a great option, it's important to understand exactly what you're signing up for when you enter an ATD program. The program may have rules and restrictions that you didn't anticipate, and it might last for much longer than you thought it would.
In New Hampshire, for example, entering into the NHPHP program could mean that your license will be suspended for the entire time you're in the program – which can be as long as five years. You also have to successfully complete the program in order to avoid any disciplinary action against your license.
Having an experienced legal team at your side who knows the ins and outs of license defense issues in New Hampshire is the key to making the best decision for yourself and protecting your nursing license.
The Lento Law Firm Can Help New Hampshire Nurses Navigate the State's Alternative to Discipline Program and Get the Help They Need
The Lento Law Firm's Professional License Defense Team has years of experience helping nurses in New Hampshire and throughout the country protect their licenses. If you're struggling with a substance abuse problem or have been accused of using drugs or alcohol, don't wait until the state board opens an investigation against you to reach out for help.
If you're a nurse who's considering entering into New Hampshire's alternative recovery monitoring program to avoid the state's disciplinary process, or are required by the board of nursing to participate in the program, we can help you understand what this path entails and how it can affect your license and ability to earn a living. If you're struggling with a substance abuse problem, we can walk you through the process of getting you the help you need while preserving the nursing license you worked so hard to achieve.
Call us at 888-535-3686 or submit a confidential online consultation form to connect with the best Professional License Defense Team in New Hampshire.
