Georgia’s Alternative to Discipline Law Reflects Nationwide Trend

Once the governor signs it into law, a bill that sailed through the Georgia state legislature will make it easier for nurses struggling with addiction problems to get the help they need. State leaders are keen to retain the nursing workforce, given a projected shortfall that would leave one in every five RN positions unfilled in the next ten years.

Specifically, Georgia HB 219 creates an “alternative to discipline” program for nurses who need help overcoming substance abuse and addiction issues — an improvement, nurses say, over the state’s licensing board’s current system, which puts them through a protracted, public disciplinary process and suspends their license. Under HB 219, most nurses who enroll in treatment would be able to keep their license and keep working.

The LLF National Law Firm’s Professional License Defense Team can help nurses in states with alternative to discipline programs. We’ll help you decide whether participation in such a program is in your best professional interest, communicate with your board, negotiate your monitoring agreement, and, if problems arise, help you defend your license. Call us today at 888.535.3686 or send us a message online and tell us about your situation.

Traditional Approaches Do More Harm Than Good

Traditionally, disciplinary proceedings for nurses dealing with addiction or substance abuse problems have prioritized punishment rather than rehabilitation. The approach, in which state licensing boards suspend nurses’ licenses and, often, name them in public records, has two especially harmful consequences:

• Nurses are reluctant to self-report when there’s a problem (and supervisors who are sympathetic to their plight are reluctant to turn them in) because doing so could end their career. As a result, treatment is delayed — giving the addiction time to sink in deeper.
• Nurses can’t work when their license is suspended. If they undergo treatment, they can usually get it back, but oftentimes it’s too late. The nurse has either given up, taken a job in another field, or can’t find a medical facility to hire them with a suspension on their record.

The nursing workforce in the U.S. is already strained, with more positions needing to be filled than qualified personnel to fill them. The traditional approach isn’t helping.

Alternative to Discipline Programs: A Smart Path Forward

Approaches to addiction and substance abuse like the one adopted in Georgia lead to earlier interventions, since there’s little risk to nurses’ licenses or reputations. This means healthier nurses and a more robust workforce.

No one should conclude from this that alternative to discipline programs absolve nurses of responsibility and accountability. In fact, it’s the opposite: these programs encourage nurses to own up to it when there’s a problem and commit to treatment. Treatment itself is likely to come with monitoring requirements, workplace restrictions, and considerable expense. None of this is easy.

The upside: Nurses in these programs are more likely to recover and stay healthy, focused, and working productively on behalf of their patients.

Nurses Need the Professional License Defense Team

In states with alternative to discipline options, nurses need the Professional License Defense Team at the LLF National Law Firm more than ever. Even self-reporting a substance abuse problem can trigger a licensing board investigation, which needs to follow correct due process rules. We’ll make sure your board stays on track and that your alternative to discipline plan is fair, proportionate, and manageable.

If you’re a nurse in Georgia or any other state and an alternative to discipline agreement looks like a good option for you — or if you’re already in this kind of program and you’ve run into trouble — send us a message and tell us what’s going on, or call us directly at 888.535.3686.