Nurses operate under unfathomable amounts of pressure. They take care of patients, support doctors, treat entire communities of people, and may even help with hospital or healthcare facility administration. To fulfill their job duties, they're often on their feet for hours at a time—and the emotional demands of their labor are incredibly intense.
In some cases, working under this intense pressure can lead to issues of substance abuse. Kentucky, along with the other states in the country, recognizes this as a growing issue. Nurses who are dealing with substance abuse need support and resources to help them get back on their feet, but reaching out for that help can come with incredible consequences. For example, even if a nurse makes the responsible choice to self-report and pursue treatment before they are associated with any dangerous accidents or rule violations, just self-reporting can have an adverse effect on their future employment.
And that's just the tip of the iceberg. What happens if you're not struggling with substance abuse but you get accused of it, anyway? Or what if your journey toward treatment is complicated with rule violations or accidents that may have occurred while you're on the job? In addition to these possible issues, you'll also find that interfacing with the various regulatory authorities in Kentucky can make your life very stressful, too, which simply isn't a burden you need to bear while you're trying to heal your life and protect yourself and your career.
The Lento Law Firm understands these challenges. We're here to help you make sure that you retain your rights and your ability to work in the future while you get the help you need right now. Retain the premier services of the Professional License Defense Team at the Lento Law Firm today by calling 888.535.3686 or by filling out this brief form to tell us more about your case.
What Programs Does Kentucky Have to Support Its Nurses?
When nurses suffer from substance abuse, that can lead to a world of issues for everyone concerned.
Just some of these include:
- Very real patient safety concerns. When nurses (or anyone!) are undergoing substance abuse, they may exhibit impaired judgment, potential errors in care or treatment administration, and reduced ability to make good decisions.
- Legal and ethical issues. If a dangerous or traumatic event happens at a healthcare facility and it's discovered that a nurse in connection with that event was suffering from substance abuse. That could leave the individual and facility open to legal action.
- More workplace accidents. Often, people who are impaired by substance abuse are more prone to accidents. In a healthcare setting, this could result in harm to patients, colleagues, or the nurses themselves.
- Professional reputation damage. When a healthcare professional is suffering from substance abuse, and it impacts their ability to do their job, that can have an effect on the way the entire institution is perceived—shattering credibility within the entire healthcare community.
- More turnover and more absenteeism. Substance abuse can lead to nurses abandoning their jobs, nurses exhibiting reduced productivity, and higher turnover rates overall, which can place undue pressure on the healthcare system.
- A decline in mental health. When nurses struggle with addiction, they may experience higher rates of anxiety and depression. This isn't good for them personally, and it isn't good for their colleagues or patients, either.
This isn't all—or even the worst of it. When people abuse substances, they can get mired in financial issues. They can lose their job. They can disrupt their personal and professional relationships, and they can face poor health outcomes or even risk harming themselves.
Kentucky realizes that these are very real issues with very real consequences.
To mitigate both the issues and consequences of nursing substance abuse, Kentucky has several programs and resources available to nurses struggling with substance abuse. These include:
- The Kentucky Alternative Recovery Effort for Nurses (KARE). This specialized program exists to help nurses deal with their substance abuse. Through this program, nurses can access confidential monitoring and get the support they need to pursue safe, effective recovery.
- Continuing education programs. All Kentucky nurses are required to take ongoing education. The state makes sure that there are ongoing education opportunities available to educate nurses about substance abuse, preventative measures, and early signs of addiction to help nurses know that seeking help is an option.
- Employee assistance programs, or EAPs. EAPs, programs that are offered by many healthcare institutions, can provide support services and confidential counseling to nurses who need these resources.
- Wellness and stress management workshops. Some employers may offer resources and training indirectly aimed at preventing substance abuse by helping nurses eliminate the usual root causes of this challenge, which may include work-related stress and burnout.
These resources can be life-changing. Unfortunately, accessing them may not be simple—and being labeled as someone struggling with substance abuse can have unintended and disastrous consequences.
What Consequences Could Happen if I Get Help for Substance Abuse?
While getting the help you or a loved one needs to combat substance abuse may be extremely necessary for health, happiness, and general success in your profession, getting help can be risky.
Even though these may not be intended outcomes, Kentucky nurses who ask for help may experience the following:
- Professional stigma
- Discrimination
- Risk of license suspension
- Risk of license revocation
- Employment and financial issues related to license suspension or revocation
- Mandatory reporting requirements, which could spread the news of your challenges to other entities before you are ready to share that information
- Mandatory treatment programs
- Insurance implications
- Privacy concerns
- Emotional and psychological impacts
- Post-treatment monitoring and restrictions
…and more. If you need help but would like to avoid consequences you don't deserve, like long-lasting or even permanent license issues, you need to think fast and ask now. Pursuing your recovery journey with a solid strategy can get you the help you need and set you up for long-term success.
The Professional License Defense Team from the Lento Law Firm is ready to assist.
How Can Kentucky Nurses Avoid Long-Term Bad Effects of Pursuing Substance Abuse Support?
If you or a loved one requires support, you may not be able to ask the question of “if” you join a recovery program—the question is, more likely, “when.”
That said, if you are able to implement a little strategy upfront, you may be able to avoid big challenges later on. It doesn't have to be difficult, and, in fact, pursuing this type of strategy should make your entire experience (both now and later) much easier.
Here's what we'd recommend:
Step 1: Consult with the Lento Law Firm and do it as early as possible.
Before taking any formal steps, which can include alerting your workplace to your situation, enrolling yourself in a program, or responding to any allegations or complaints that have been made against you, contact our Professional License Defense team. We have experience handling sensitive matters successfully and will help you ensure your case moves forward as well as possible.
Step 2: Assess your options.
Depending on where in Kentucky you live and the types of resources your employer has made available to you, you may have a few choices about where you can ask for help. Take some time to learn more about your options, gather the entrance criteria, and understand any published confidentiality terms and participation clauses. The Lento Law Firm can help you accomplish this research.
Step 3: Consider your approach to reporting and treatment.
The Lento Law Firm's Professional License Defense Team can guide you through the complex maze of reporting mandates that could lie ahead of you—helping you figure out the best possible timing and method of issuing disclosures to minimize the impact on you, your employment, your reputation, and your future. And, if you decide that you'd like to join a treatment program, our team can advocate for you and liaise as necessary with Kentucky regulatory officials to ensure that your program aligns with your unique needs, goals, and obligations.
Step 4: Address any insurance and employment concerns.
If your journey through treatment and recovery happens without any concerns or obstacles, great—but you'd be in the minority, and you shouldn't plan on this by any means! Even with the best-laid plans, you may find yourself facing unfair or unexpected work challenges. The Professional License Defense Team can negotiate with your employer to ensure your rights are paramount at all times (and to help you safeguard your job!). Our team can also help you understand your insurance options to make sure you know what you're getting into and reduce the number of surprises you may need to deal with later on.
Step 5: Be proactive about protecting your privacy.
It's unfair but true: There's a stigma surrounding substance abuse, and even if you manage your recovery by the book, you may still face damage to your reputation or even blatant discrimination. The Lento Law Firm can help you mitigate any discrimination you may face to help you keep your job and your reputation intact.
What Does Self-Reporting or Joining a Recovery Program Entail?
Enrolling in KARE, or in a program like it, is incredibly brave and responsible.
It's also not easy.
Joining KARE requires a lot of its participants. If you choose to pursue KARE, you will need to undergo the following:
- You'll need to self-report and commit to participating voluntarily. This is built into the way KARE works. Someone else cannot make you go; KARE is for nurses who recognize that they're not in a good place and realize that they need help to move forward.
- You'll need to comply with a comprehensive assessment. Once you've entered the program, the program administrators will ask you to take a comprehensive assessment to evaluate the extent of any relevant substance abuse. The administrators will be able to use this assessment to form a plan for your care and recovery.
- You'll need to get assurance of confidentiality. KARE does assure confidentiality for its participants—which is likely a vital part of helping nurses feel comfortable coming forward and asking for assistance. However, this doesn't mean that it'll be simple to stay in control of your information. You'll need to be well aware of the possible limitations of that confidentiality before moving forward.
- You'll need to comply with ongoing monitoring and support. Participants in KARE and related programs receive ongoing monitoring as part of their treatment. You may need to undergo consistent drug testing and compliance checks or even attend frequent meetings as a part of your recovery plan.
- You'll need to follow KARE's instructions to reintegrate back into your practice and professional community. KARE's goal is to get you back into professional practice, as long as it is safe for everyone for you to do that. This will not happen quickly, and if you don't follow KARE's process, it'll take longer.
KARE and programs like it can be incredibly helpful, but there can be clear challenges associated with getting the help you need.
Luckily, the Professional License Defense Team is ready to help you avoid these challenges and mitigate any difficulty you experience.
What Role Does the Kentucky Board of Nursing Play in Substance Abuse Cases?
If a nurse is having issues with substance abuse, the Kentucky Board of Nursing (often abbreviated as the KBN) may step in to evaluate the situation and help determine the appropriate course of action.
This can be very scary. If the Kentucky Board of Nursing is getting involved, you may fear for your license and ability to work.
Generally speaking, here's what the Kentucky Board of Nursing's process is for moving forward after a nurse's apparent substance issues.
- The Kentucky Board of Nursing will initiate an investigation and complete an evaluation. If deemed necessary, this may include a review of your work history, interviews with your supervisors, and access to any of your relevant medical or personal records. This can seem invasive, especially coming at a time when you're already under significant stress. The Lento Law Firm can help ensure that the KBN and your employer don't overstep your privacy rights or deviate from the procedure.
- The Kentucky Board of Nursing may recommend or oversee disciplinary actions. If your decision to pursue treatment was accelerated by an incident—or if you're being unfairly accused of an incident in relation to your substance abuse—the KBN may decide to slap you with a reprimand, a fine, or action against your license. This may or may not be warranted, but it will feel like you're being kicked while you're already down. The Lento Law Firm can help ensure that the KBN's investigation is by the book and can help you prepare a defense as needed to advocate for your best possible outcome.
- The Kentucky Board of Nursing may provide guidelines for reinstatement of your license if it has determined that you need to take a break from employment. Generally, these guidelines include proving that you're sober, participating in an ongoing recovery program, and complying with ongoing conditions that the KBN will provide (e.g., random drug testing and progress reports). The Lento Law Firm can help you ensure that the guidelines the KBN sets are not above and beyond what is proper and effective for your situation.
Why Do I Need Support Liaising with the Kentucky Board of Nursing?
The Kentucky Board of Nursing has a very specific job to do. It's tasked with making sure that nursing professionals have the environment, resources, and regulations necessary to provide consistently great care to the people of Kentucky. If a nurse is struggling with substance abuse, that presents a potential risk to the people of Kentucky (and to the nurse, of course). This makes the Board of Nursing's relationships with that nurse a little complicated.
Here's how the Lento Law Firm can help you navigate that relationship:
- We will help you with any legal complexities that arise. If you're worried about any potential legal repercussions of self-reporting and joining a peer support program, or if the Kentucky Board of Nursing indicates that it may investigate the reasons why you're joining a peer support program, the Lento Law Firm will be there to mitigate any issues and see that your rights are protected at every stage.
- If you are facing any allegations about your behavior leading up to your participation in a support group, you'll find that having the legal representation of the Professional License Defense team is invaluable. Our team can advocate on your behalf and provide representation in any disputes or hearings that come your way.
- If you need to provide any type of formal documentation or disclosure to the Kentucky Board of Nursing or your employer, the Professional License Defense Team can help you determine the best time and manner of providing that information to minimize any potential negative impacts on your career.
- Understanding what you need to do to remain compliant with the structure of your recovery program can be difficult. The Lento Law Firm can help you know what you need to do (and need to avoid doing) to reduce the likelihood of non-compliance issues.
- Even though, on paper, your involvement in a support program and pursuit of recovery shouldn't have any impact on your job, your employer may take action. Our team can negotiate with the Kentucky Board of Nursing and your employer to address any discrimination or issues with your job that may arise.
What Types of Disciplinary Sanctions Could Result from Nursing Substance Abuse?
If your employer or the Kentucky Board of Nursing does decide to sanction you, what types of consequences are on the table?
In short, the specific sanctions you face will depend on how severe your specific substance abuse violation is—and if you were already asking for help at the time or if you violated the rules of a peer assistance program you had previously agreed to.
In its investigation, the Kentucky Board of Nursing will learn as much as it can about your alleged offense or the extent of your struggles and try to recommend a just response. The Lento Law Firm can help you protect yourself from any unfair decisions and help make sure the Kentucky Board of Nursing doesn't recommend a particularly steep sanction, like permanent license revocation, when that isn't called for.
Kentucky Nurses, Call the Professional License Defense Team Today
When you or a loved one is struggling with substance abuse issues, that's traumatic—and if you've made the courageous decision to get help, that's life-changing. You deserve support during this time, not disciplinary sanctions or obstacles put in your way to make recovery more difficult.
The Lento Law Firm has years of experience helping nurses in Kentucky and across the nation understand their rights and defend their futures. Whether you need help negotiating with the Kentucky Board of Nursing or speaking with your employer, our team will make sure you feel like you're not alone during this stressful, difficult time.
Retain our team today by calling 888.535.3686 or by filling out this brief form to tell us more about your case.
