if my patient uses drugs and is a nurse do i have to report it

You have no responsibility to report the nurse, either to the police, the Drug Enforcement Administration, or the Board of Nursing. In fact, you should not report the nurse because that would be a HIPAA violation.

Full Answer

What to do if you suspect a nurse is using drugs?

Report possible drug abuse to a supervisor If the nurse denies she has a problem, you should report the nurse to your direct supervisor. Nurses must realize they need to report a nurse they suspect has a substance abuse problem because, in the end, the nurse and the patient’s life could depend on it.

Why is it important to report drug use in nursing?

Ultimately, the nurse needs to be reported to protect her/his life and patients’ lives who are in their care. Tips on reporting nurses with drug use problems here. ... Most people who went to school to become a nurse did it because they wanted to help others.

Should nurses report substance abuse in the workplace?

Nurses must realize they need to report a nurse they suspect has a substance abuse problem because, in the end, the nurse and the patient’s life could depend on it. You must not keep it under the rug.

What happens when a nurse is accused of substance abuse?

Once a substance abuse disorder is suspected, the nurse is typically placed on leave until an investigation can be conducted. The nursing leadership team and human resource leaders are required to, in most states, report the abuse to the Board of Nursing (BON) and the local police authority.

When should a nurse be reported?

When there is a legal requirement to report under the Regulated Health Professions Act, you must do so within 30 days of the incident. In any event, we encourage you to submit the report as quickly as possible.

What happens when a nurse is reported to the board?

Once a complaint hits their desk, the board has to determine if the facts as stated in the complaint are a violation of the laws that govern a nurse's practice. If so, an investigation is initiated, and the nurse may respond to the allegations. The board then resolves the complaint. It may or may not require a hearing.

What happens when a nurse has a substance abuse problem?

Once a substance abuse disorder is suspected, the nurse is typically placed on leave until an investigation can be conducted. The nursing leadership team and human resource leaders are required to, in most states, report the abuse to the Board of Nursing (BON) and the local police authority.

What would happen if a nurse was caught diverting drugs?

Nurse could face arrest and criminal charges. 2. The nurse would be referred to a program where he or she could get help.

What is the most common reason nurses are disciplined by state boards of nursing?

The most frequent reason for discipline is practicing while impaired. SBNs set and enforce minimum criteria for nursing education programs. Schools of nursing must have state approval to operate.

Why do nurses get suspended?

A nursing license can be suspended or revoked due to accusations of unprofessional conduct, misconduct, dereliction of duty, gross negligence or incompetence in complaints brought by patients, coworkers or employers.

What is the role of the nurse manager when a nurse is suspected of substance abuse?

The nurse manager's role in the process of removing the nurse from patient care is essential. Removal from practice will assist the nurse in focusing on care and treatment of the disorder, but more importantly, the earlier SUD is identified and the nurse is removed from patient care, the sooner patients are protected.

What happens when a nurse steals drugs?

It includes drug theft, use, or tampering (adulteration or substitution). Drug diversion is a felony that can result in a nurse's criminal prosecution and loss of license. “If patients are harmed, a nurse may risk permanent exclusion from working in healthcare,” New says.

How does a nurse assess a patient for addiction?

To better assess substance abuse in patients, nurses should use specific and valid screening tools such as the CAGE Questionnaire for screening of Alcoholism. Furthermore, nurses should be aware about the laboratory tests used to assess patients with substance abuse such as blood alcohol level.

How do you tell if a nurse is diverting drugs?

Diversion DetectionObservation of unusual behavior by colleagues.Reports of items, such as sharps containers, being out of place.Large numbers of rejected verbal orders.Complaints of unrelieved pain by patients.

What happens when a nurse diverts narcotics?

Diverting Drugs: BRN Investigations An impaired nurse, when accused of misappropriating controlled substances, can face criminal prosecution, civil malpractice actions, and disciplinary actions against his or her RN license by the California Board of Registered Nursing (BRN).

How often do nurses steal drugs?

In a review of just 90 days of complaints filed against nurse licenses across the state, ABC57 found 39 of 66 involved the abuse or theft of medications. That's nearly 60 percent of all of the cases.

What to do if a nurse suspects a colleague has a substance abuse problem?

Make sure the nurse knows you are concerned about patient safety as well as that nurses well being. If the nurse admits she has a problem, you need to listen to her and then follow through. A big mistake is keeping quiet because the nurse may promise to get help, but then doesn’t. You must make sure the problem gets addressed and the nurse gets help.

Why do nurses not report a coworker?

Some of the reasons nurses may fail to report a co-worker may include: friendship. guilt. loyalty. fear of jeopardizing their colleague’s nursing license.

Why do nurses need help?

Nurses with addiction problems need help. Most people who went to school to become a nurse did it because they wanted to help others. Nurses are caring, compassionate and they put the needs of others first. But, what happens when the nurse is the one who needs to be cared for.

Do nurses report substance abuse?

Nurses must realize they need to report a nurse they suspect has a substance abuse problem because, in the end, the nurse and the patient’s life could depend on it. You must not keep it under the rug.

Is addiction taboo in nursing?

Addiction as taboo among nurses. Unfortunately, a nurse with an addiction is considered “taboo” among their colleagues. Fellow nurses do not know what to do or how to handle it when they suspect a colleague has an addiction. Many nurses choose to remain silent about a nurse they feel may have a substance abuse problem.

Should nurses report drug use?

Nursing Code of Ethics: Should nurses report co-worker drug use? Reporting a fellow nurse you think has a substance abuse problem should be done in a caring, compassionate way. Ultimately, the nurse needs to be reported to protect her/his life and patients’ lives who are in their care.

What happens if a nurse falsifies information?

Any nurse who falsifies information relating to the practice of nursing or nursing licensure runs the risk of being "caught" -- possibly years in the future, should the nurse be reported to the Board and investigated for possible practice violations.

How does HIPAA protect patient privacy?

HIPAA protects patient privacy by forbidding healthcare providers from disclosing patient information for any reason otherthan treatment, payment, or healthcare operations. A report to the Board of Nursing would not fall into any of those categories.

Can a nurse report criminal conduct?

Should the nurse's conduct lead to a criminal conviction, including an adjudicated or probated sentence, this would be self-reportable (or could be reported by another entity, such as law enforcement authority). A question regarding criminal conduct is also on the renewal form.

Is a nurse admitted for an overdose of a substance?

The Texas Board of Nursing answered a similar query as follows: Whether a nurse is admitted for an overdose of a substance, or admitted secondary to some type of accident related to being under the influence of any mind-altering substance, the answer would remain the same.

Who report abuse to the Board of Nursing?

The nursing leadership team and human resource leaders are required to, in most states, report the abuse to the Board of Nursing (BON) and the local police authority. Each BON has a process for investigation and varying levels of programs to assist nurses through recovery.

When did nurses have their licenses revoked?

Prior to the 1980s, before substance abuse was recognized as a disease, nurses were relieved of duty and/or had their nursing license revoked with little recourse or treatment options when found to have a substance abuse disorder. Since that time, many states have enacted non-disciplinary rehabilitation programs to assist nurses with recovery.

Why is it important for nurses to protect patients?

Nurses are entrusted to protect the patients in their care from harm at all times. This protection includes the ability to perform at a high level of critical thinking. Caring for patients while under the duress of substance abuse puts the entire nursing process in harm's way.

What is the nurse practice act?

The Nurse Practice Act for each state will define the process for programs in the state to assist the nurse with returning to work once they are safe to practice. Many states offer a graduated program of returning to work where there is oversight of the nurse with strict restrictions on the work environment.

What is the challenge of nursing?

A unique challenge to the nursing profession and substance abuse is the access to narcotic medications. Diversion of these drugs for self-use is not only harmful to the nurse, but is also unethical in the failure to protect the patient from harm by diverting the drugs from the patient. Furthermore, the impairment of the nurse may endanger ...

What do nurses need to know?

Although not an inclusive list of your legal obligations when prescribing medications, this case illustrates that you should: Be knowledgeable about any medication you prescribe, including side effects; Do a careful assessment about any medications the patient is currently taking, including side effects, ...

How to prescribe a med?

Although not an inclusive list of your legal obligations when prescribing medications, this case illustrates that you should: 1 Be knowledgeable about any medication you prescribe, including side effects; 2 Do a careful assessment about any medications the patient is currently taking, including side effects, black box warnings and dosages; 3 Contact any other prescribers who are working with the patient when there is a question about any untoward developments the patient experiences after starting any medication, whether it is one you prescribed or one another provider prescribed; 4 Carefully and accurately document your assessments, actions, contacts and instructions to the patient; and 5 Remember that you may also face a disciplinary action by your state board of nursing for a violation of your obligations under your state nurse practice act.

What medication did S.H. see?

Patient S.H. saw a psychiatric nurse practitioner for her depression and was prescribed the antidepressant Lamictal. According to the NP, the patient was informed the medication could cause a rash and if that occurred, the patient was to stop taking the medication and call the nurse practitioner.

Is there an investigation into Lamictal?

No investigation into Lamictal was done and the patient continued taking that medication. The rash became worse so the family NP suggested the patient see a dermatologist, who instructed the patient to stop the Lamictal due to one of its side effects being a rash. The patient stopped the medication.

What to do if you know you have a substance use problem?

If you know you have a substance use problem, it’s time to talk to your doctor, even if the drug (s) you’re using are illegal. The point of talking to your doctor is to seek and obtain the kind of treatment that will help you stop abusing drugs and end your addiction. Your doctor can help you find the right treatment.

What is the biggest fear people face when just thinking about admitting substance use to their doctor?

The biggest fear people face when just thinking about admitting substance use to their doctor is consequences. Discomfort grows when a person is using an illegal substance. The biggest fear is being reported to the authorities. Thanks to doctor-patient confidentiality, this fear is often only as big as you make it.

Can a doctor discuss drug use?

A doctor cannot discuss the information you share in confidence, and if they do, you can take legal recourse, even when admitting something like heroin or cocaine use. If you choose to talk to your doctor about illegal substance use, you can, in most cases, rest assured that your conversation will remain confidential.

Can drug use affect insurance?

Those records can then be submitted to your insurance agency, and they can then use those records to increase premiums, deny payment, or deny coverage for certain conditions and/or procedures. It is possible that admitting to drug use could affect future coverage when most needed.

Do doctors report injuries?

Harm Must be Reported: By law and ethics, a doctor must report severe bodily injury. For example, if a doctor were to fail to report a bullet or gunshot wound, a powder burn, or other injury resulting from the discharge of a gun or firearm, they risk a Class A misdemeanor.

Can insurance deny surgery?

The patient’s insurance agency can deny coverage of the surgery by stating the patient was documented as using an illegal or controlled substance that is known to cause heart problems when used regularly or long term. This “insurance loophole” doesn’t apply to legal addictive substances, like alcohol and cigarettes.