Minor vs. Reportable Errors
When applying rules to real-life situations, matters become increasingly complicated as actual cases possess a wealth of details to decide upon and take into account. Such is Karen’s case, in which she unintentionally set up the IV pump in an incorrect manner, which resulted in a violation of the doctor’s orders. This act, despite having the potential to be a serious offense, can be qualified to be a Minor Error, although her incompetent actions had a direct influence on the patient’s well-being. The Texas Board of Nurses (BON) Rule defines a minor incident as a deed that “does not indicate the nurse’s practice poses a risk of harm to a patient”, which the current circumstances do not fall under (p. 122). However, Karen’s professional knowledge and skills were not the cause of the issue, and she initiated a quick remediation plan. The Texas BON Rule state that, in case the nurse could not be remediated, the incident qualifies as reportable; however, the problem was resolved in minutes (p. 122). For this reason, Karen’s incident is a minor error and may not be reported.
Applying for Rule 217.19 Incident-Based Peer Review
The nurse manager violated the rule by at least one parameter, being of immense importance to rule 219.19 a (2) – Bad Faith. They approached nurse Sam with information that is not simply unverified but also possesses a characteristic highly suggestive of interpersonal animosity directed towards Sam. The manager violated the rules by doing exactly what is described there, “knowingly or recklessly taking action not supported by reasonable factual or legal basis” (p. 125). The nurse manager should have approached Sam privately, according to the process of Safe Harbor, which could have been invoked prior to the Committee’s decision, instead of verbally attacking Sam at his workplace. According to the BON investigation and disciplinary process, a collection of evidence must occur before deciding upon the nurse’s professional future after receiving a complaint. They also must have provided “written notice to the nurse in person or by certified email”, informing him that his practice is being reviewed (C, p. 127). Thus, the manager’s behavior was highly unprofessional as he violated the process in a number of ways.
Assuming the Role of a Board Member
First and foremost, the Board recognizes the high levels of stress that the profession implies, so it is understandable for nurses to seek relief in the usage of alcohol. However, a DWI is a Class A misdemeanor and can be considered quite serious. For that matter, his application for renewal of licensure can be discarded according to Bars to Licensure of §213.28 (k) (p. 34). The nurse will be required to undergo an evaluation that complies with Board Rule 213.33, and he will be made “to submit physical and physiological evaluation” to determine his current fitness for continued practice. Outside of Texas, his case may be held differently; for instance, in California, the “Board has the authority to sanction, discipline, suspend and/or revoke a license” (Office of Nicole Irmer). Yet generally, it is considered that DWI affects the quality and safety of a nursing practice directly.
For the case of the nurse with Insurance Fraud, the chances of retaining the license are quite improbable despite the that her probation is off in six months. The fraud of such an amount is classified as a state jail felony according to 35.02 c, so the nurse will be allowed to practice under supervision for the most favorable outcome. She will most likely be precluded from working in an independent practice setting (Behavior Involving Fraud, Theft, and Deception, p. 2). However, if her probation record shows signs of incompliance, her license can be revoked.
References
Behaviour Involving Fraud, Theft, and Deception. (n/d). Texas Board of Nursing.
Irmer, N. (n/d). How Does a DUI Affect Your Nursing Practice? Law Office of Nicole Irmer. Web.
Masters, K. (2020). Role development in professional nursing practice (5th ed.). Jones & Bartlett Learning.
Substance Use Disorders and Other Alcohol and Drug Related Conduct. (n/d). Texas Board of Nursing.
Rules and Regulations Relating to Nurse Education, Licensure and Practice. (2021). Texas Board of Nursing.