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TRIAGE
INVESTIGATION
CASE RESOLUTION
Valerie Smith Arizona Mary Blubaugh Kansas Barbara Damchick-Dykes Minnesota Lisa Ferguson-Ramos Ohio Lisa Griffitts Oklahoma Eric Holsapple Iowa Chris Sansom Nevada Lori Sheidt Missouri Mary Trenton Arkansas
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Delware Maryland
National Council Discipline Effective Practices Subcommittee
Case Resolu=on
• Disciplinary Matrix
• Criminal Conduct Grid
• Consent Agreement Wording
Change is inevitable!
SITUATION -‐ True Statement Previous Applica/on wording: Have you been convicted of a misdemeanor or felony, other than a minor traffic viola/on? • Solely self disclosure • “Deferred AdjudicaOon” is a curse
December of 2002, Dallas Morning News ar6cle
Texas Board of Nursing licenses known felons, rapist and drug addicts
Revised Screening QuesCons • Have you ever, for any criminal offense, including those pending appeal:
• Been convicted of a misdemeanor or felony
• Pled nolo contendere, no contest, or guilty” • Received deferred adjudicaOon? • Been placed on community supervision or court ordered probaOon, whether or not adjudicated guilty?
• Been sentenced to serve jail or prison Ome? Court ordered confinement?
• Been granted pre-‐trial diversion? • Been arrested or have any pending criminal charges?
• Been cited or charged with any violaOon of the law?
• Obtain federal and state criminal histories through fingerprint on all applicants for licensure and current licensees • Changes to the criminal code grid • Modify Ques/ons to include:
December of 2002, Dallas Morning News ar6cle
RESULTS -‐ 2004 LegislaCon authorized the Board to:
Texas Board of Nursing licenses known felons, rapist and drug addicts
• The nature and seriousness of the crime, i.e. the presence or absence of criminal plan or premeditaOon, the presence of contribuOng influences,
• Evidence of immature thought process/judgment at the Ome of acOvity, and classificaOon of offense as felony or misdemeanor, etc.;
• A person’s failure to disclose a criminal offense to the Board; • The actual damages, physical or otherwise, resulOng from the criminal acOvity;
• The extent and nature of the person's past criminal acOvity; • If the person’s conduct evidences a lack of truthfulness or trustworthiness;
• The age of the person when the crime was commibed; • The amount of Ome that has elapsed since the person's last criminal acOvity;
• The work acCvity of the person before and acer the criminal acOvity;
• Evidence of the person's rehabilitaOon or rehabilitaOve effort while incarcerated or acer release*;
• A record of steady employment and whether the person has supported his or her dependents;
• If the person has paid all outstanding court costs, supervision fees, fines, and evidence of resOtuOon to both vicOm and community;
• If the person’s conduct indicates an inability to pracCce nursing in an autonomous role with paOents/clients, their families and significant others, and members of the public who are or who may become physically, emoOonally or financially vulnerable;
• Evidence of the person's present fitness and professional character, including leUers of recommendaCon from prosecutors, law enforcement, and correcOonal officers who prosecuted, arrested, or had custodial responsibility for the person; the sheriff or chief of police in the community where the person resides; and any other persons in contact with the person;
• Evidence of remorse; • Evidence of current maturity and personal accountability; • Evidence of having learned from past mistakes; • Evidence of current support structures that will prevent future criminal acOvity;
• evidence of current ability to pracOce in accordance with the NPA, Board rules, and generally accepted standards of nursing;
• the extent to which a license might offer an opportunity to engage in further criminal acCvity of the same type as that in which the person previously had been involved;
• the relaOonship of the crime to the ability, capacity, or fitness required to perform the duOes and discharge the responsibiliOes of nursing pracOce;
• if imprisonment followed a felony convicCon, felony community supervision revocaOon, revocaOon of parole or revocaOon of mandatory supervision*;
• if the person’s conduct resulted in the revocaCon of probaCon/community supervision*; evidence of the person’s safe pracOce;
• successful compleOon of probaOon/community supervision; • if criminal acCvity is due to, associated with, or related to substance abuse or chemical dependency, including alcohol, evidence of evaluaCon by a Board approved evaluator, treatment (wriUen verificaCon of compliance with any treatment), a[er care and support group aUendance, and evidence of random drug screening; and
• if criminal acOvity is due to, associated with, or related to mental illness, evidence of evaluaOon by a Board approved evaluator, including prognosis, evidence of treatment (wriben verificaOon of compliance with any treatment), and any medicaOon regime.
The Criminal Conduct Grid The following list includes some of the factors the Board may use in its case-‐by-‐case analysis:
Sunset Advisory Commission
The Matrix 2007 Sunset recommended crea/on of a tool to facilitate greater transparency so the public and stakeholders could beIer understand the agency’s decision making process regarding discipline
Timeline • April 2008–the Board adopted a pilot version of the Matrix
• October 2009–the Board adopted a revised version of the Matrix
• February 2010–the Board adopted t he final version of the Matrix
• The Matrix requires the Board to consider 3 things: 1. The threat to public safety 2. The seriousness of the violaOon 3. AggravaOng or miOgaOng factors
The Content of the Matrix
AggravaOon • mulOple offenses • intent • seriousness of harm or potenOal harm • miOgaOon • internal facility systems issues • parOcipaOon in remediaOon
TIER 3 -‐ Involves serious harm, serious risk of harm
or death
TIER 2 – Generally has some harm or risk of harm
component
TIER 1 – Isolated event (no harm)
Case Study: Nurse Reyes
Matrix Analysis: § Harm occurred which kicks it out of the
Tier 1 category § Harm was more than general–patient
died § Tier 3
• Threat to public evident § Seriousness of the violation § Violation resulted in death § Aggravation
• intentionally negligent • coughing up blood and required
him to continue in strenuous bootcamp exercises
§ Mitigation • Bootcamp environment /similar to
a prison • Melingerer
Formal Charges cited: § Between December 26, 2000 and January 7,
2001, while employed with Tarrant County Community Correctional Facility, Mansfield, Texas, Respondent:
§ Failed to appropriately assess and intervene in the care of an eighteen year old inmate in the boot camp who had requested to see Respondent due to symptoms of illness including loss of appetite, sore throat, shortness of breath, and coughing up blood;
§ Required the teenager to continue doing strenuous exercise after exhibiting the aforementioned symptoms:
§ Failed to appropriately communicate with the physician regarding the status of this teenager;
§ Failed to transfer this teenager to a hospital in a timely manner.
Outcome • Nurse Reyes’ license was Emergently Suspended on February 13, 2001 • She Voluntarily Surrendered her license on May 23, 2001 • Convicted of Criminally Negligent Homicide on August 30, 2002
Case Study: Nurse Reyes
Consent Agreement Wording
• Informal seblements
Informal seblement conferences, alternate dispute resoluOon, and/or mediaOon
Openly consider miOgaOng and aggravaOng factors
Avenue for Omely resoluOon
Promising Prac=ce Discussion on Consent Agreement Wording
• Specify what the violaOon of the law was by statute and narraOve.
• For example, Arkansas states in the Conclusion of Law that the conduct described in Finding of Fact 4 consOtutes a violaOon of Ark. Code Ann. SecOon 17-‐87-‐309(a)(6) which consOtutes unprofessional conduct.
Promising Prac=ce Discussion on Consent Agreement Wording • When does the Ome for monitoring/probaOon begin?
• Not unOl the nurse returns to pracOce.
• If 2 years of monitoring is ordered, the 2 years begins acer the Order becomes effecOve and acer the nurse obtains employment.
• The 2 years is not met unOl the nurse obtains 2 full years of pracOce.
Promising Prac=ces Discussion on Consent Agreement Wording • Substance Use Disorder Agreements
• Reference NCSBN’S Substance Use Disorder in Nursing; A Resource Manual and Guidelines For AlternaOve And Disciplinary Monitoring Programs
Promising Prac=ce Discussion on Consent Agreement Wording • Remedial EducaOon
• Should be required for the deficiencies cited in Findings of Fact.
• MedicaOon Errors—MedicaOon Course • DocumentaOon Errors—DocumentaOon Course • Failure to assess and intervene—Physical Assessment Course