Nursing boards across the country have a mandate to protect the safety and well-being of the public. They do this in a number of different ways: by requiring certain education and training before a nurse can be licensed; in most states, by requiring continuing education if a nurse wants to renew their license; and by investigating and disciplining nurses who fail to live up to nursing practice standards.
In many cases, the investigation and discipline process relies on complaints being filed not only by members of the public but also by nurses who are concerned that another nurse has violated practice standards and is putting patients at risk. As a nurse, you may even have an obligation in your state to report other nurses who you believe have committed misconduct. Whether to report another nurse for misconduct can be a difficult decision. And how you do that in a way that protects you from potential backlash can be equally challenging. The LLF National Law Firm’s Professional License Defense Team can help you navigate these issues if you are concerned about what appears to be another nurse’s misconduct. Call us at 888.535.3686, or fill out our online contact form to schedule a confidential consultation so that we can discuss your situation and explain how we can help.
Am I Required to Report Another Nurse’s Misconduct?
Some states make it clear that nurses are required to report another nurse when they have a good faith belief that the nurse has committed or is committing misconduct. Other states do not have an explicit reporting requirement, but you may still have an obligation to protect patients from unsafe nurses. It is very important to know what the reporting obligations are in your state – and if you practice in more than one state, you’ll need to know the reporting requirements for each of the states where you work.
Here are some examples of the different ways different states approach misconduct reporting requirements for nurses.
Texas
Texas requires nurses to report another nurse when the one nurse “has reasonable cause to suspect” that another nurse has “engaged in conduct subject to reporting.” Nurses can make these reports to the Board of Nursing or, if there is a “Peer Review Committee” for the nurse’s place of employment, the nurse can file the report with that committee.
Misconduct reports must be made in writing and must be signed by the nurse who is making the report. A nurse who files a report against another nurse “in good faith” cannot be suspended, terminated, or otherwise disciplined or retaliated against by their employer.
Florida
Florida also requires nurses to report “any person who the nurse knows is in violation” of Florida nursing laws and rules. Reports must be made to the Board of Nursing – except in situations where the misconduct issues putting patients at risk relate to an illness, a mental or physical condition, or substance abuse. These issues can be reported to the state’s Impaired Practitioners Program.
A nurse who fails to make a report when they are aware of misconduct can face discipline themselves. There are some protections against retaliation if a nurse reports another nurse. A private employer may not “take any retaliatory personnel action” against a nurse for reporting another nurse for misconduct – but the nurse must bring the misconduct complaint to the attention of their employer in writing first, before reporting the misconduct to the Board of Nursing. A similar prohibition against retaliation applies to public sector employers.
While it is possible to file a misconduct report anonymously, doing so may not always be the best approach. Anonymous reports are harder to investigate, and may not result in the Board stopping the reported nurse from continuing misconduct that could harm patients. It is also more difficult for the reporting nurse to prove that they met their obligation to report another nurse if they filed their report anonymously. The LLF National Law Firm’s Professional License Defense Team can help you decide how best to file your misconduct report if you have become aware of another nurse’s misconduct.
Illinois
Illinois requires nurses to report “unsafe, unethical or illegal health care” practices to “appropriate authorities.” In addition, nurses who are administrators or officers of health care facilities or agencies must report any nurse whom they reasonably believe “is impaired due to the use of alcohol or mood-altering drugs” when the impairment “adversely affects” the nurse’s “professional performance.”
Reports in Illinois are processed by the state’s Department of Financial and Professional Regulation. While it is possible to file a complaint anonymously, again, as with Florida, it is worth taking into consideration whether doing so makes sense in your particular circumstance. Illinois protects hospital and healthcare facility nurses who file misconduct reports from being penalized by their employers for doing so.
Other States
Each state has different requirements for nurses, so it is very important that you understand what your state expects of you when it comes to reporting misconduct committed by another nurse. Some states do not explicitly require nurses to report the misconduct of other nurses.
That does not mean, however, that you should not report another nurse for misconduct, especially if you believe that the nurse’s actions may put patients at risk. There are several reasons for this.
- You could become implicated. If you are aware of misconduct by another nurse and do nothing, someone else may report you for allowing the misconduct to take place. Even if all you did was turn the other way, your inaction could result in you being investigated by your state’s Board of Nursing. And any time there is an investigation, there is the possibility that sanctions will result.
- You still have an obligation to your profession. As a nurse, you take it upon yourself to put the welfare of your patients first. Allowing another nurse to put patients at risk goes against that obligation.
- Your colleague may need help. Particularly in instances where substance abuse is a problem, you may actually be doing your colleague a favor if you report them. And if their misconduct is a result of “cutting corners” or a lack of knowledge, reporting them can help them get back on track.
The best way to make sure you are fairly and properly reporting another nurse for misconduct or substance abuse issues is to consult with one of the experienced attorneys from the LLF National Law Firm’s Professional License Defense Team. We can review your situation with you and make sure you are following your state’s requirements while at the same time protecting your own license and your future.
Protecting Your Own License When Reporting Misconduct
It is important to keep in mind that as a licensed nurse, you could be disciplined yourself if you report another nurse for misconduct without having a genuine belief that the nurse may have committed the misconduct you’re reporting. This means you need to be careful about what you report and how you report it. Here are some guidelines to keep in mind.
- Report in good faith. Make sure you have an actual belief that the nurse you are reporting committed the type of misconduct that you are reporting them for. Don’t rely on rumors.
- Report what you know, not what you think. Your report should focus on the facts: events that happened that you witnessed; omissions that were made (such as completing patient care records); or specific behavior that supports your report (such as unsteadiness or slurred speech from a colleague who may have been working while under the influence).
- Be precise. Think of your report in the same way as you would if you were making a clinical medical record. Avoid paraphrasing when you can use a quote. Include dates, times, places, medication and dosage information, patient room numbers – as much detail as possible.
- Keep your own records. Make sure you have a separate copy of all of the evidence you’ve collected that supports your misconduct allegations.
- Consider whether to report to your employer. In many cases, your employer will have policies in place that require you to report misconduct internally.
It can be very stressful to find yourself in a position of having to report another nurse for misconduct. When you’re in this kind of a difficult situation, it can be enormously helpful to have some guidance from one of the experienced attorneys from the LLF National Law Firm’s Professional License Defense Team. We will work with you to make sure you make the right decision, and that any report you file is fact-based, fair, and properly supported.
What Types of Misconduct Should Be Reported?
The best way to answer this question is to have a good general understanding of the conduct that is expected of you as a nurse and the types of misconduct that can lead to sanctions. Those rules apply to other nurses as well.
Some of the more common types of misconduct that nurses are sanctioned for include:
- Substance abuse; working while under the influence of alcohol or drugs.
- Consistent failure to follow required care procedures, particularly those relating to accurately and promptly making records of patient care.
- Diverting medication, especially taking medication prescribed for a patient, whether for the nurse’s own use or for the use of anyone else.
- Abandoning a patient; leaving the workplace without assuring that the nurse’s patients have a replacement caregiver.
- Having sexual contact with a patient under any circumstances, including, of course, sexually abusing a patient.
- Engaging in any sort of violent or aggressive behavior in the workplace, whether directed against patients, family members, or staff.
If you are not certain whether the conduct of another nurse is inappropriate, it is a good idea to do some research to determine whether your concerns are justified. This can be difficult at times because the laws, regulations, and rules that apply to nurses don’t always describe every type of misconduct that a nurse can commit. This is where consulting with an experienced nursing license attorney can be helpful. At the LLF National Law Firm, this is what our Professional License Defense Team does. We can help you understand whether your concerns are justified, and if so, what steps you should take next.
The LLF National Law Firm is Here to Help With Your Nursing License Questions
You have worked hard to earn your nursing license, and it is the key to your career. If you learn that another nurse has committed misconduct or may have a substance abuse problem that is interfering with their ability to care for patients, you may have an obligation under your state’s laws to report that. This is a difficult situation for any nurse, and it’s important to make sure you are taking the proper steps no matter what your decision is.
The LLF National Law Firm’s Professional License Defense Team is here to help you through this. We can clarify what your obligations are under your particular set of circumstances. If you are required to file a report or decide to do so, we can help you make sure that the report is as fair, accurate, and supported as possible. If you are interviewed as part of a nursing board investigation into the allegations you’ve raised, we can be there with you to help protect your rights and make sure you only answer fair questions that you understand.
Our attorneys work with nurses across the United States, and we stay on top of the laws, regulations, rules, and procedures that apply to nursing licenses, nurse disciplinary investigations, and nurse disciplinary hearings. We are here to use our knowledge and experience for you, so that you don’t have to worry about whether you are taking the right steps or are meeting your obligations as a licensed nurse.
To learn more about how the LLF National Law Firm’s Professional License Defense Team can help you protect your nursing license and your future, call us at 888.535.3686 or submit our online contact form. We’ll schedule a confidential consultation so that you can tell us what your concerns are, and we can explain how we are able to help.