A Rhode Island nurse was barred from practicing for one year after she falsely claimed to have shown up at work. The state's Department of Health accused the licensed nursing assistant of fraud and patient abandonment.

Being accused of misconduct isn't the same as committing misconduct. State agencies and licensing boards can have incorrect or incomplete information. Every nurse has the right to defend against allegations.

For nurses facing disciplinary issues, the Professional License Defense Team at the Lento Law Firm can help you protect your job and your license. Call us at 888-535-3686 or fill out our online form.

No Show, No Signature

Alexandrea Berthiaume, a Rhode Island licensed nursing assistant, faced allegations of fraud and patient abandonment after a staffing agency assigned her to work in a nursing facility. Berthiaume didn't show up for her assigned shift and sent a photo to the staffing agency as evidence that she'd worked that shift.

The Rhode Island Department of Health found evidence that Berthiaume:

• Didn't enter the nursing facility
• Texted a photo to the staffing agency of a signature to “prove” she had entered the facility

The problem was that the signature was from a nurse who wasn't at the facility on the day in question. In other words, that nurse couldn't have signed the form if Berthiaume had been at the facility.

The nursing assistant is now barred from working in any facility or private home without direct supervision for one year. Any employer must provide her with documentation to show to the Rhode Island Department of Health. Without this documentation, her license will be listed as “Administrative Inactive.” Employers must provide quarterly job reports of her performance.

Duty of Care

Nurses are in a position of trust with patients, which is why actions like Berthiaume's can result in disciplinary action. A nurse failing to show up for a shift can result in a patient's health and safety being put at risk.

No-shows put more responsibilities on co-workers, but a nurse may also have reasons or extenuating circumstances for failing to show up to work. Actions that, on the surface, may appear to warrant disciplinary action may be explained in context.

A co-worker, patient, or other member of the public may falsely accuse a nurse of misconduct. If facing disciplinary action, a nurse needs to be proactive in defending against those allegations.

Understanding the disciplinary process, assembling evidence and witnesses, and explaining their version of events are just a few of the ways a nurse can defend their license and their career. Accusations should never be treated as automatically true.

Protect Your Career

You've expended effort and committed time to become and now work as a nurse. Accusations, even those without a basis, can potentially derail your career and hurt your reputation. Events may be taken out of context, or you may be the target of a smear campaign.

The Professional License Defense Team at the Lento Law Firm can help you navigate the disciplinary process and minimize damage to your career. We help our clients understand their options and build evidence-centered cases. Call us at 888-535-3686 or fill out our online form.