Nurses can face discipline for a number of reasons. Each state has its own version of the Nurse Practice Act that sets forth, in general terms, the standard of care that nurses are expected to provide to patients. When nurses deviate from that standard, for whatever reason, their Boards of Nursing are going to act to protect the best interests of the public – in particular, the patients that the nurses are caring for. This means that even if the reason the nurse is failing to meet the standard of care is because of a mental health issue, the BON may still discipline the nurse.
If you are a nurse facing a disciplinary investigation or proceeding because of a mental health condition – or for any other reason – you need the help of an experienced attorney to defend yourself and protect your rights throughout the process. Call the Lento Law Firm's Professional License Defense Team at 888.535.3686, or by completing our online form, we will schedule a confidential consultation so we can learn more about your case and tell you how we can help.
Is a Mental Health Condition a Violation of the Nurse Practice Act?
Let's get one thing straight: nurses are not disciplined simply because they may have a mental health condition. There is a wide range of mental health issues that many nurses are able to manage on a day-to-day basis that have no effect on the quality of care that the nurse provides to the patients they come into contact with. That said, nurses also have a duty to be fit for practice – physically, morally, and mentally. Just as a nurse may be disciplined if they continue to try to care for patients when they are physically unable to deliver proper care, a nurse whose mental condition prevents them from delivering care to a patient can face discipline for that reason.
So the real question is: Does the nurse's mental health condition affect the nurse's ability to meet the standard of patient care that is required of the nurse? A mental health condition that is the reason a nurse acts in a way that places patients at risk of harm, or that results in the nurse actually harming a patient, is one that can result in the nurse facing discipline.
While the BON may end up disciplining the nurse for the way the nurse violated the standard of care for their patients, in most cases, it will not discipline the nurse simply because the violation was caused by a mental health condition. However, one thing the BON might do when considering the sanctions to impose on the nurse for that violation is look at the reasons behind the actions. If a mental health condition is the primary reason for the nurse's violation of the patient standards of care, the BON may require that the nurse receive treatment for that mental health condition before it will allow the nurse to practice again or before it will lift restrictions on the type of work that the nurse is allowed to do.
Are There Any Mental Health Conditions That Will Automatically Disqualify a Nurse From Receiving a Nursing License?
When a nurse first applies for a nursing license from a state, the state typically will not ask if the nurse has any mental health condition, any more than the state will ask if the nurse has a physical condition that may restrict their ability to practice nursing. That said, nurses who have any kind of mental health condition that could affect their ability to sit for the NCLEX-RN examination can typically request certain testing accommodations – provided the nurse's mental health condition qualifies as a disability under the law.
Aside from that, however, a nurse is not going to be required to disclose their mental health history when applying for their nursing license.
What Types of Mental Health Conditions Can Result in a Nurse Failing to Meet the Required Standards of Patient Care?
It's hard to list every mental health condition that can put a nurse in danger of failing to provide the proper standard of care to patients. Some common mental health conditions that appear to have been related to nursing misconduct include:
- Depression. Common effects of depression include difficulty concentrating, poor decision-making, lack of empathy for others, and low energy levels. Any of these can result in the nurse making mistakes in the course of caring for patients or failing to provide patients with the proper care.
- Anxiety. The effects of anxiety can often mirror those of depression, and studies have shown that it can particularly affect the ability of the person to empathize with others. Empathy, of course, is an extremely important aspect of nursing care.
- Bipolar disorder. Individuals diagnosed with bipolar disorder often experience mood swings that can affect their day-to-day performance and can impact how they interact with patients – particularly if they experience high energy levels that cause them to behave aggressively towards patients. Both manic and depressive phases of bipolar disorder can make it difficult for the nurse to concentrate, which can result in the nurse failing to properly address the needs of their patients.
- Obsessive-compulsive disorder. A nurse who has OCD may be excessively concerned with checking on patients, general cleanliness, or protecting patients from harm. If they are repeatedly checking on patients or re-checking procedures before they apply them, it can cause the patient anxiety as well as create a situation where some patients are receiving an excess of attention while others are not receiving enough.
- Substance abuse. Nurses who suffer from substance abuse can put their patients at risk in a number of ways, particularly if the nurse is working while under the influence of alcohol or drugs. Doing so can lead to medication errors that can harm patients; failures to properly assess patient health conditions; incomplete or absent documentation of patient treatment; decreased alertness while at work; mood swings, and other forms of erratic behavior that can impact their interaction with patients and colleagues; and slow reaction times in emergency situations.
This list is far from exhaustive, of course. Generally speaking, any mental health condition that impacts a nurse's concentration, energy, ability to make decisions, alertness, and interactions with patients and colleagues is one that can lead to the nurse facing discipline for failing to meet the appropriate standard of care.
What if My Mental Condition Was Responsible for My Arrest or Conviction of a Crime?
Here, too, the focus is not on why the nurse committed a crime; it is on the arrest or conviction itself. Generally speaking, nurses are required to disclose certain convictions to any board that has issued them a nursing license. These reporting requirements vary from state to state. Some states require you to report arrests, not just convictions; other states only require you to report convictions. Some states will require you to report certain convictions, which typically include DUI convictions, but exempt you from reporting other lower-level crimes. No-contest pleas may also have to be reported.
DUI convictions, in particular, can trigger an effort by your BON to restrict your ability to practice until you can show that you have received and completed treatment.
If you've been arrested or convicted of a crime, it's important to understand what your reporting requirements are. The Lento Law Firm's Professional License Defense Team can make sure that you meet those requirements for the state or states in which you hold a nursing license. And if, as a result of your report, you face discipline from your BON, we will defend you and help you protect your ability to practice.
What Consequences Could I Face if I am Disciplined for Conduct That Was Caused Because of a Mental Health Condition?
When nurses are disciplined for misconduct, the sanctions they face will vary widely and will always depend on the particular circumstances of that particular situation. There is no way to state with certainty that one particular type of misconduct will always result in one particular type of sanction. But there are some things to keep in mind if you're a nurse facing a misconduct investigation or disciplinary proceeding.
First, there are a range of possible sanctions that nursing boards typically use when sanctioning nurses found to have committed misconduct, no matter what the reason. These include;
- Verbal warnings or admonishments. These are ones that usually won't appear on the nurse's record, and usually apply where the misconduct was relatively minor and did not place any patient at risk, but could have.
- Written warnings or censure. These are more serious because they will typically be attached to the nurse's public record, and anyone who looks up the nurse on the state's nursing database will be able to access whatever the board wrote in the sanction.
- Probation. The nurse may be required to work for a probationary period, with a supervisor designated to provide the BON with periodic reports about the nurse's performance.
- Suspension. The nurse's license is suspended for a period of time, during which the nurse is not allowed to practice.
- Conditions. The Board can require the nurse to take certain courses, or in cases where the misconduct was the product of a mental health issue, to receive treatment for that issue. Conditions can be applied in almost any disciplinary case other than where the nurse's license is revoked. Nurses who have substance abuse issues are often required to seek and complete treatment as a condition of their probation or suspension.
- Revocation. This is the most serious form of discipline. The nurse's license is permanently taken away, though in most states, the nurse may petition to have their license restored after some period of years.
The other thing to keep in mind if you are being investigated or disciplined for conduct that you believe was influenced by your mental health condition is that it can make a significant difference if you are represented in your disciplinary case by an experienced attorney who understands the laws and standards that nurses are expected to follow. At the Lento Law Firm, our Professional License Defense Team knows how to defend nurses in disciplinary proceedings when the nurses' mental health conditions affect their professional conduct.
We have seen over and over that nursing boards will react positively to nurses who are actively seeking treatment for their mental health condition, particularly when the nurse does so even before the BON has a chance to order that the nurse do so before the nurse is allowed to continue to practice, or to return to practice after a suspension. We will work with you to present your defense to your BON in the strongest way possible, not only to make it more likely that you will continue to be able to practice but also so that you have a chance to get the help that you may need to address your mental health condition.
Finally, most nursing disciplinary matters that are not dismissed resolve themselves in an agreement between the nurse and the BON – they don't reach the hearing stage. Effective agreements are the result of negotiation, and the attorneys from the Lento Law Firm's Professional License Defense Team have years of experience negotiating positive results for nurses and other licensed professionals accused of all types of misconduct. We're here to do the same for you.
The Lento Law Firm is Here to Defend You Against Nursing Misconduct Allegations
You have worked extremely hard to earn your nursing license. You deserve to give yourself every chance to keep your license if you've been accused of misconduct and are facing an investigation or disciplinary proceeding from your state's Board of Nursing. If you have a mental health condition that affects how you do your job, you deserve the chance to receive treatment for that condition so that you can continue to work as a nurse. It's no different than receiving treatment for any other condition that could limit your ability to provide quality nursing care.
That's where the Lento Law Firm's Professional License Defense Team can help. Our attorneys have spent years defending nurses in disciplinary proceedings all across the country. We understand the challenges that nurses face on a daily basis, and we will work with you to determine the best way to defend you against the allegations that you're facing. This is what we do – for nurses, for other health care professionals, and for other licensed professionals.
Reach out to the Lento Law Firm's Professional License Defense Team today online or by calling us at 888.535.3686 to schedule a confidential consultation with one of our experienced attorneys. Tell us about your case, and let us tell you how we can defend you and protect your license, your livelihood, and your future.