Few have as demanding of a profession as nurses. Not only do nurses work long hours but they are often dealing with a shortage in staffing. Nurses must deal with these stressors in addition to balancing the demands of home life. It is common for nurses to take a moment for themselves when they finish a shift, to go out with friends and unwind or to vent to family about frustrations at work. Afterall, we are all free to let loose when we are off the clock, right?
Unfortunately, for some professionals this is not exactly true. Although we all have certain freedoms, those who hold a professional license are subject to scrutiny by the board that oversees their licensure. For those in medical professions like nurses, licensure is often connected to good moral standing.
What can trigger an investigation by the state licensing board?
Although a criminal conviction can often trigger an investigation, state licensing boards can move forward with a review for less. A credible report, a documented pattern, a single public post can be enough to trigger a review. In a recent example, a video of a Texas nurse making violent threats during a traffic stop is likely enough to trigger an investigation. Although the Texas Board of Nursing has not yet announced a review, the nurse’s employer has chosen to terminate her position as a result of her actions.
Once opened, an investigation can move quickly through subpoenas, employer record requests, interviews, social media capture and phone forensics.
It is important for nurses to assume anything said publicly can reach a board and threaten professional licensure. Depending on the severity, penalties can range from required education, suspension, or even revocation of the license. It is important for nurses to realize that off-duty speech can create on-duty consequences. Protect your interests by avoiding talking about patients or vetting about the workplace in a public setting. Also avoid posts implying impairment or falsification. If contacted by a board investigator, consider legal counsel before providing statements, records and device access.
Attorney John Rivas is responsible for this communication.