Picture an emergency department nurse with a leg impairment, making it difficult for them to walk and keep up with the unit's fast-paced demands. Or a certified nursing assistant who has developed a seizure disorder preventing them from performing their job safely. What about an intensive care unit nurse who was exposed to COVID-19 on the job and has now developed debilitating symptoms of “long COVID,” including brain fog and extreme fatigue? Should these hard-working healthcare professionals, who routinely sacrifice their own health and safety to care for patients, ever fear losing or being pressured to forfeit their nursing license because of a physical ailment? The Professional License Defense Team at the Lento Law Firm resolutely believes the answer is no, and they will fight for your right to retain your nursing license if it is under threat by your state licensing board. Do not wait to seek legal help. Reach out to the Professional License Defense Team at the Lento Law Firm right away at 888.535.3686 or through our automated online response form.
When Someone Reports You to Your State Board of Nursing
If a concerned patient, colleague, or employer contacts a state board of nursing to complain about receiving treatment from a nurse specifically because they have a disability or illness, the nurse should never have to fear for their license and livelihood. If a nurse is unable to work the state-required minimum number of clinical hours to keep their license active because of an injury or illness, they should proactively ensure this won't lead to a more permanent inactive license status.
Whether you are a registered nurse (RN), advanced practice nurse (APN), nurse practitioner (NP), or certified nursing assistant (CNA), if you're facing accusations or pushback from your licensing board due to physical health issues, don't succumb to pressure or discrimination and allow for your license to be put at risk. It can be incredibly difficult to get a license reinstated once it's inactivated, forfeited, or revoked. Do not sacrifice the career you've worked so hard to attain. Do not let the fear of punitive actions from your state licensing board dictate your future.
Nurses Are Exposed to On-the-Job Health Hazards Daily
Nursing is considered a noble and often thankless profession, with individuals putting their own health and safety on the line to heal others. “Committed to promoting health through treatment and care for the sick and injured,” nurses and other health care workers “confront perhaps a greater range of significant workplace hazards than workers in any other sector.” Nurses are often exposed to airborne and bloodborne infectious diseases, radiation, toxins, needlestick injuries, latex allergies, slips and falls, stress, and any other number of hazards. Because of this, they are at a higher risk of facing negative health outcomes. Since the pandemic, there is also a daily risk of exposure to COVID-19.
Add to this the stress of an understaffed workforce, long hours, and rising violence in the workplace. Psychological and mental stressors like Post Traumatic Stress Disorder (PTSD) can have very tangible health consequences. Mental health struggles can manifest physically, as they do with individuals struggling with substance use disorders and illnesses that can result from that, such as high blood pressure or liver disease.
Quite common in nursing are work-related injuries related to repetitive motion, lifting patients, twisting, bending, long stretches of standing, overexertion, falling, slipping and tripping, and bending. Lifting patients, especially, is a leading source of injury among nurses, along with other patient-caused injuries, including assault by a patient.
For nurses who have been practicing for years or decades, over time, the physical demands of patient handling can lead to microinjuries. While perhaps less recognizable because they can develop slowly over the years due to repetitive strenuous physical activity, they can eventually result in chronic back injuries, neck pain, and other musculoskeletal disorders. Musculoskeletal injuries are the most common type of non-fatal injury or illness for nursing, psychiatric, and home health aides, who make up nearly two-thirds of all healthcare support occupations. Surprising to some, physical disability is indeed a common source of professional license issues.
Exacerbating all of this is somewhat of a Catch-22. Workplace injuries sometimes occur precisely because of the stigma and fear nurses may face by disclosing physical conditions or limitations to their employer or to their state board of nursing, afraid that this information could lead to them losing their license.
Whether you practice in a hospital, nursing home or other residential care facility, private office, outpatient care center, medical diagnostic laboratory, home health care setting, or any other environment, you are likely at regular risk of encountering risks to your own health and safety that could, in turn, put your nursing license at risk.
Make no mistake: injuries can and do end nursing careers. Don't let them end yours. Do not let ergonomic hazards or physical demands be the reason your license is put at risk. If you fear you may need to stop working due to illness or injury, do not give up your nursing license. You deserve protection and need a strong advocate on your side who will fight for your right to retain your nursing license. Call the Professional License Defense Team at 888.535.3686 or reach us through our automated online response form.
Nurses With Disabilities May Face Discrimination
If you are a nurse with a disability, you may face challenges that could impact your license. You could be discriminated against by a patient, colleague, or employer, who could file a complaint to your state board of nursing. It's unfortunate that many nurses with disabilities leave the profession because of discrimination or their own insecurities about their capabilities. Many are surprised to learn that there has never been a documented case of a patient injury specifically related to a nurse's disability.
Disabilities of every kind impact the nursing profession. A nurse may have a motor impairment that impedes their ability to bend, sit, grasp, or lift. Some nurses deal with conditions that cause mobility impairments, such as multiple sclerosis, cancer, stroke, or even paraplegia or quadriplegia. Others cope with sensory impairment on the job, such as vision or hearing loss.
Federal Law Protects Professionals With Disabilities
If you are a nurse with a disability, hopefully, you are aware of the federal laws protecting you in your profession, including accommodations that you are legally entitled to and the prohibition of discrimination related to licensing. For example, Title II of the Americans with Disabilities Act (ADA) of 1990 prohibits discrimination on the basis of disability with respect to licensing.
Unfortunately, research has shown that nurses are often actually unaware of their legal rights under ADA or its 2008 Amendment (ADAAA). As a result, many have left the profession, not recognizing their rights and feeling unsupported by their employers and coworkers. Don't let this be the reason you forfeit your license. Advocate for all you've worked for.
Complicating matters is that ADA protections may not extend to nurses who are considered independent contractors, such as those placed in their job through a temporary, recruiting, or staffing agency.
Know that you are considered an individual with a disability under ADA if your disability substantially limits at least one major life activity like walking, standing, hearing, eating, concentrating, working, or performing manual tasks; if you have a record of this occurring in the past; or if you are regarded as having a substantial limited impairment by your employer.
Nurses Have a Right to Disability Accommodations
The ADA requires that your employer provide you with reasonable accommodations if you have a qualifying disability unless this would cause “undue hardship” or “significant difficulty or expense.”
For example, a nurse coping with headaches and circulation because of Reynaud's disease may need accommodations to continue practicing. A schedule change may be in order for a nurse suffering fatigue and pain from fibromyalgia. Accommodations for nurses may include adaptive strategies and tools for:
- Lifting and transferring patients, for example, such as team lifting, transfer aids, and adjustable exam tables
- Tasks that typically require two hands, such as single-hand syringes, power-lift IV stands, or one-handed computer keyboard
- Monitoring a patient's vital signs, such as talking monitors and scales or amplified stethoscopes
- Documenting, including screen reading and speech recognition software
All this aside, nurses may still fear that their condition may attract the attention of their state board of nursing. Your nursing license should never be in question because of a disability.
It is promising that there is a shift in viewing disabilities as a value-add in the nursing profession and that ableist attitudes are finally being put in check to some extent. “Nurses with a disability can offer patient-provider concordance, supporting a shared experience, valuing disability, and modeling positive expectations,” say the authors of “Nurses with Disability: Transforming Healthcare for All,” published in the Journal of Issues in Nursing. The article goes on to illustrate how “Nurses with disability have enormous potential to expand healthcare from a medicalized view of disability as an inherently negative trait to a marker of diversity and the hallmark of equitable care.” This recognition is refreshing. But there's a long way to go – so much so that too many nurses with disabilities fail to second guess the situation when the state board of nursing attempts to limit their options.
The Lento Law Firm's Professional License Defense Team has years of experience representing nurses with disabilities nationwide and working with state nursing boards to rectify license issues swiftly and justly.
Why You Need the Lento Law Firm to Protect Your Rights
Whether you are convinced to voluntarily surrender your license or are at risk of losing it all together, sanctions the board issues can have long-lasting and career-ending consequences.
All it takes for an investigation to open is for an employer, coworker, or patient to reasonably believe and report that your ability to perform essential job functions is impaired because of an injury, disability, or illness. They could argue that you pose a specific threat to patients because of it. When it comes to their radar, your state licensing board may require you to jump through hoops or try to restrict your practice while they look into any complaints.
Every state handles these situations differently. We have worked extensively with nursing boards nationwide. Having the Lento Law Firm's Professional License Defense Team in your corner is your best chance at securing your professional future. We will help you navigate through your situation with care and conviction. If you have already been pressured to surrender your nursing license or go into inactive status, contact us right away to explore whether you still have an opportunity to appeal the decision. It is never too late to seek guidance from the Lento Law Firm. Call us at 888.535.3686 or tell us about your case through our automated online response form.
Your Physical Issue Does Not Compromise Patient Care
Everyone agrees that patients have a right to be treated by healthcare professionals who are unhindered by a physical issue if the issue impedes their ability to safely provide care. The fact is, this is rarely if ever the case. It's up to you to advocate for what you know is fair. You know that you shouldn't face the possibility of having your nursing licenses suspended, inactivated, or revoked because of a health condition. Nor should you ever feel stigmatized or pressured to hide a physical ailment or injury or voluntarily have to forfeit your nursing license.
Worried About Losing Your Nursing License?
The Professional License Defense Team at the Law Firm is dedicated to helping license holders determined to keep their careers. We have experience negotiating with state licensing boards in states across the U.S. Call us at 888.535.3686 or contact us through our automated online response form to discuss your specific license question or concern.
