I Volume 14 I Number 2 I Spring 2016 I
Frequently Asked Questions: Social Media Policies for Requirements for Licensure by Employers and Employees: Examination Regulatory and Statutory considerations
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018002-00218 1/15
019036-00196 2/15 SPRING 2016 EDITION 54
10 Five Reasons to Endorse the NLC Addressing the National Transportation Safety Board Recommendations for 14 State Licensing Boards
Medication Aide Registration and Training 20 Program Approval Requirements
Social Media Policies for Employers and Employees: 22 Regulatory and Statutory considerations
SOUTH DAKOTA HIGHLIGHTS NORTH DAKOTA HIGHLIGHTS 4 Message from the Executive Director 5 Message from the Executive Director North Dakota Board Highlights Medication Aide Registration and Training 7 20 Program Approval Requirements Frequently Asked Questions: Related to 12 Discipline, Investigations, and Complaints Social Media Policies for Employers and Frequently Asked Questions Employees: Regulatory and Statutory 16 Requirements for Licensure by Examination 22 considerations
Dakota Nurse Connection circulation includes over 28,000 licensed nurses, hospital executives and nursing school administrators in North and South Dakota.
The Dakota Nurse Connection is published by the South Dakota and North Dakota Boards of Nursing. Direct Dakota Nurse Connection questions or comments to:
South Dakota Board of Nursing, 4-PVJTF"WF 4VJUF 4JPVY'BMMT 4PVUI%BLPUBt pcipublishing.com North Dakota Board of Nursing, Created by Publishing Concepts, Inc. 4UI4USFFU 4VJUF #JTNBSDL /PSUI%BLPUBt $AVID "ROWN 0RESIDENT s DBROWN PCIPUBLISHINGCOM For Advertising info contact 6ICTOR (ORNE s VHORNE PCIPUBLISHINGCOM ThinkNurse.com DAKOTA NURSE CONNECTION ■ 3 SOUTH DAKOTA BOARD OF NURSING OFFICIAL PUBLICATION A message from the Executive Director Gloria Damgaard, RN, MS, FRE South Dakota Board of Nursing
My message to all of our readers of the Dakota Nurse Connection this Spring is the Board of Nursing report of the 2016 Legislative Session. We made significant changes to the Nurse Practice Act in South Dakota this year including the adoption of the Enhanced Nurse Licensure Ceremonial Signing of SB 29: Governor Daugaard, Members and Staff of the Board of Compact (NLC) as well as several Nursing. updates to the Practice Act. South Dakota became the 1st state in the nation to adopt the as part of the statutory language in the new state. If a nurse has a enhanced nurse licensure compact of the compact. The major changes disqualifying event that occurs after during the 2016 SD Legislative that are made in the Enhanced NLC the effective date of the Enhanced Session. Senate Bill 29, an act to include the standards for eligibility NLC, he or she will be ineligible to update the nurse practice act and and uniform requirements for a retain or renew a multistate license. to adopt a new interstate nurse multistate license. These standards Examples of a disqualifying event licensure compact was signed into include: would be a felony conviction or law by Governor Dennis Daugaard participation in an alternative to on February 16, 2016. Six states • Criminal Background Checks discipline program. have now enacted the new compact. (New) Another new addition to the They include: South Dakota, • Graduation from a licensing Enhanced NLC is the establishment Wyoming, Idaho, Tennessee, Virginia board approved RN or LPN/VN of the Interstate Commission and Florida. Florida and Wyoming Program of Nurse Licensure Compact are states that are not part of the • Successful completion of Administrators. The commission current nurse licensure compact. NCLEX-RN® or NCLEX-PN® or consists of one administrator They will join when the enhanced recognized predecessor exam from each state that is part of the nurse licensure compact goes into • Holds an active unencumbered Enhanced NLC. This administrator effect on the earlier of the date of license is the head of the state licensing legislative enactment by 26 states • Does not have a felony board or a board designee. An or by December 31, 2018. It is conviction (New) important change with the Enhanced anticipated that more states will • Not currently enrolled in an NLC is that the Commission has the be enacting legislation in the 2016 alternative to discipline program authority to promulgate rules. There and 2017 legislative sessions across (New) is a specific procedure identified in the country. Until such time as the • Has a valid US Social Security the new law that the Commission new compact becomes effective, the Number (New) must follow when promulgating current NLC will remain in effect. rules. Rulemaking is administrative In May of 2015, Boards of Nursing At the time that the Enhanced NLC and procedural for the efficient in the United States and territories becomes effective, any nurse holding implementation of the compact and as members of the National a multistate license issued by the operation of the commission. Council of State Boards of Nursing nurse’s home state may retain and Although this law was just (NCSBN) voted to make revisions renew that multistate license in that enacted in the 2016 Legislative to the current NLC. This was done state. If the nurse changes primary Session, it is important for nurses to reduce the barriers that have state of residence, he or she must and employers to know that the prevented states from joining and to meet all of the new requirements in require uniform licensure standards order to obtain a multistate license continued on page 19
4 ■ DAKOTA NURSE CONNECTION NORTH DAKOTA BOARD OF NURSING OFFICIAL PUBLICATION A message from the Executive Director Stacey Pfenning, DNP, APRN, FNP North Dakota Board of Nursing forward. The goal of the rule making During the March meeting, the was to meet the requirements of HB NDBON approved to finally adopt 1149 which passed during the 64th the proposed rule revision to NDAC Greetings and welcome to the Spring legislative assembly, charging the chapter 54-01-03 definitions and edition of the Dakota Nurse Connection, licensing Boards with setting PDMP chapter 54-05-03.1 Advanced Practice the official publication of the North utilization rules. During the rule making Registered Nurse Section 54-05-03.1-10 Dakota Board of Nursing (NDBON). process, the NDBON collaborated with authority to prescribe. The rules will be The NDBON approved the 2014- ND Board of Medicine, Board of Dental submitted to the Attorney General for 2015 Annual Report during the January Examiners, Optometry, and Board of opinion in April and be presented to convened meeting. This report is Pharmacy. The original collaborative the ND Administrative Rules Committee. available at www.ndbon.org. Highlights draft was individualized to each licensing The NDBON will send information to of the NDBON Annual Report include the Board. The ND Nurse Anesthetist, ND licensee’s once the rules force and following: Nurses, and ND Nurse Practitioner effective date is established. • Total number of licensed nurses: Associations contributed to the nursing The Board and staff will be in touch 18,462 PDMP rules, along with the ND Center this summer to provide regulatory o 3,797 LPN for Nursing and several nurse prescribers updates and publications in the next o 13,464 RN in various settings. The NDBON held edition of the Dakota Nurse Connection. o 1, 070 APRN 2 open, noticed meetings and 1 open o 126 APRN only-RN in other public forum. Testimony was accepted compact state December 21, 2015 through February 4, Sincerely, o 5 SPRN (Specialty Practice RN) 2016. Dr. Stacey Pfenning DNP APRN FNP • Nursing Education Loan Program disbursements: $92,510. • Approved 119 continuing education programs for nurses. • Completed 185 continuing education audits for license renewals. • Education Program Approval ADVANCE YOUR surveys: o University of Jamestown NURSING CAREER Bachelor of Science in Nursing With locations in Fargo and Bismarck, Program North Dakota, the NDSU School of Nursing o Concordia College Bachelor of Arts Nursing Program offers small class sizes, experienced faculty • Nursing education programs and an excellent value. reported the following enrollments: o 348 practical nursing students Our programs include: o 1, 628 registered nursing • RN to BSN blended online program — apply now for fall 2016 students • Pre-licensure BSN program o 303 graduate level nursing • LPN to BSN blended online program students • • Doctor of Nursing Practice (BSN to DNP)/ Investigative & Disciplinary statistics: Family Nurse Practitioner program 28 reprimands, 11 probations, 15 suspensions, 19 Surrenders, 6 NDSU tailors its programs to both full-time denial of licensures, and 5 cease students and working professionals. and desists. ndsu.edu/nursing As an update, the prescription drug monitoring program (PDMP) rule promulgation continues to move
DAKOTA NURSE CONNECTION ■ 5 OFFICIAL PUBLICATION NORTH DAKOTA BOARD OF NURSING Mission The mission of the North Dakota Board of Nursing is to assure North Dakota citizens quality nursing care through the regulation of standards for nursing education, licensure and practice. Telephone Lines Busy? Use E-mail! North Dakota Board of Nursing Officers and Members You can contact anyone at the Board of Nursing by e-mail. PRESIDENT Daniel Rustvang, RN, Grand Forks BOARD STAFF E-MAIL ADDRESSES
VICE PRESIDENT Stacey Pfenning DNP, APRN, FNP, Executive Director [email protected] Jane Christianson, RN, Bismarck Tammy Buchholz, MSN, RN, CNE, Associate Director for Education [email protected] TREASURER Clara Sue Price, Public Member, Minot Melissa Hanson, MSN, RN, Associate Director for Discipline [email protected]
Paula Schmalz, APRN, Fargo Patricia Hill, BSN, RN, Assistant Director for Practice & Discipline [email protected] RN, Grand Forks Janelle Holth, Julie Schwan, Adm Services Coordinator [email protected] Michael Hammer, RN, Velva Mary Beth Johnson, RN, Bismarck Gail Rossman, Technology Specialist [email protected] Bonny Mayer, LPN, Minot Sally Bohmbach, Administrative Assistant [email protected] Wendi Johnston, LPN, Kathryn Kathy Zahn, Administrative Assistant [email protected]
PROVISION of HIGH QUALITY NURSING CARE NORTH DAKOTA BOARD OF NURSING A series of Educational Presentations 2016 BOARD MEETING DATES Sponsored by the North Dakota Board of Nursing
PURPOSE: To provide an opportunity for students, registrants, and licensees to keep current on regulatory issues in the nursing profession. May 19, 2016 AVAILABLE TOPICS: BENEFITS: * Nurse Practices Act (NPA)-online, free * Cost effective – we’ll come to you July 21, 2016 Annual Meeting * Violations of NPA * Individualized – to meet your needs * Emerging Issues in Nursing (Social Media * Current and up-to-date information & Maintaining Mental Health in Nursing) * CE credits with every presentation * Standards of Practice & Code of Ethics As a service to the citizens of North Dakota, the Board of Nursing provides a PUBLIC FORUM during PRESENTERS: each board meeting. This is a time when anyone Patricia Hill, BSN, RN may address the board about any issue regarding Stacey Pfenning, DNP, APRN, nursing. Prior notification is not necessary. Family Nurse Practitioner Individuals will be recognized in the order of their signature on a roster available at the board Length of Presentation(s): 60 minutes each. meeting. The time of the Public Forum for the Fee: $100 per presentation plus mileage. 2015-2016 board meetings is 11:00 a.m. the day of Contact Hours: One contact hour each, except Standards of Practice and Code of Ethics is 2.3 contact hours. the board meeting. Delegating Effectively is 2 contact hours. Approved by the North Dakota Board of Nursing.
NORTH DAKOTA BOARD OF NURSING NURSES Have you “CARDLESS” FOR PUBLIC LICENSURE VERIFICATION moved recently? SAFETY North Dakota License Verification Options Wallet licensure cards are no The North Dakota Board of Nursing provides the following longer issued for: options for individuals attempting to verify a ND nursing license: Update your address on the s .ORTH $AKOTA "OARD OF .URSING 7EBSITE n GO TO WWW N.D. Board of Nursing RN & LPN Renewal ndbon.org. and choose “Verify.” License by Examination s .URSYS¸ .URSES 6ERIlCATION &OR PARTICIPATING STATES GO TO Web site: www.ndbon.org License by Endorsement www.nursys.com. Choose Licensure QuickConfirm. Choose Demographic Updates UAP/Technician/Medication Assistant III s % NOTIFY n DATABASE FOR VERIlCATION OF LICENSURE AT [email protected] under Nurse Licensure www.ndbon.org
6 ■ DAKOTA NURSE CONNECTION 3 TH 3T 3UITE s "ISMARCK .$ s 0HONE on conditional approval status until NORTH DAKOTA BOARD HIGHLIGHTS September 2016, at which time the January 2016 ND Board of Nursing will determine • Accepted the July 1, 2015 to December Community College AASPN whether stated deficiencies have been 31, 2015 Strategic Plan Progress Report. program nurse administrator sufficiently corrected. • Accepted the 2014-2015 Annual Report addressing the deficiency of partial • The Board requires a full on-site survey as distributed. compliance with NDAC 54-03.2- of the Turtle Mountain Community • Accepted the University of Mary 02-05. Nursing education program College AASPN program in fall 2016 notification of major programmatic evaluation does not meet the to allow program time to work changes for the LPN to BSN program standard; and toward compliance of 54-03.2-02-05. as the program has full approval 2. Find Turtle Mountain Community Nursing education program evaluation from the ND Board of Nursing and College AASPN program to be and 54-03.2-02-05. Performance of the programmatic changes are in in partial compliance with ND graduates on licensing exam. The compliance with NDAC 54-03.2-06-02. Administrative code 54-03.2; and program administrator must submit the Programmatic changes. 3. Require Turtle Mountain pre-survey report by July 15, 2016. • Accepted the Dakota College at Community College AASPN • Approved the 2014-2015 Education Bottineau, Dakota Nursing Program program administrator to submit a Annual Report pending review by request for addition of a distance site compliance report with pre-survey program directors. for the practical nursing program at the report for upcoming on-site survey, • Denied the request for distribution of Quentin Burdick Job Corps Center in addressing non-compliance with e-mail addresses from the licensure Minot ND beginning fall 2016 as the NDAC 54-03.2-02-05. Nursing database from the Minnesota State program has full approval from the ND education program evaluation. University Moorhead student for thesis Board of Nursing and the programmatic A. Report to provide an evaluation research project pending review of final changes are in compliance with NDAC plan document that includes documents by board staff and including 54-03.2-06-02. Programmatic changes. timelines, methods, expected requiring submission of the completed • Accepted the Turtle Mountain levels of achievement, thesis. Community College AASPN program maintenance and revision of • The Board ratified nursing practice plan addressing the deficiency of the program. The plan must hours for care of family members for non-compliance with NDAC 54-03.2- include program and student the following: 02-05. Performance of graduates on learning outcomes, multiple Name License # licensing exam and require the program measures of student success administrator to submit a progress after graduation, licensing Gero, Barbara R18813 report with pre-survey report for examination pass rates, 2015 hours 2014 hours upcoming on-site survey. and evaluation of program 200 212 • Moved that the board: resources. 2013 hours 2012 hours 1. Find the compliance report • Accepted placement of Turtle Mountain submitted by Turtle Mountain Community College AASPN program 56 88 NORTH DAKOTA BOARD HIGHLIGHTS from the ND Board of Nursing and March 2016 the programmatic changes are in • The board discussed an e-mail concern compliance with NDAC 54-03.2. compliance with NDAC 54-03.2-06-02. regarding a newly advertised “cuddling” standards for Nursing Education Programmatic Changes. business in Bismarck/Mandan area. programs; and • A letter of concern was issued to The concern related to the nature of o Granted full approval of the Minot Concordia University – WI MSN Nurse the “cuddling” services and whether State University Baccalaureate Degree Practitioner Program in Mequon, WI there was appropriate certification, Nursing Education Program until for placing two NP students in ND for training, oversight or even licensure March 2021, and require a paper/ clinical practicum experiences without for such services. The board reviewed interim survey in 2021. out-of-state program recognition for and discussed the specific concerns • The Board accepted the Nursing the 2015-2016 academic year. It addressed in the e-mail. No action Education Committee recommendation was noted there was a change in taken. to approve the Lake Region State coordinator position in the program. • The Board accepted the following College Dakota Nursing Program The program submitted all required Nursing Education Committee request for inclusion of the completion documents to meet recognition recommendation: option of Practical Nurse Certificate status for 2015-2016 and is now in o Find the Minot State University for the Paramedic to Nursing Bridge compliance. Baccalaureate Degree Nursing Program Innovative Nursing Education Education Program in substantial Project as the program has full approval continued on page 8
DAKOTA NURSE CONNECTION ■ 7 NORTH DAKOTA BOARD OF NURSING OFFICIAL PUBLICATION continued from page 7 Baccalaureate Degree Nursing • The Board motioned to discontinue the Education Program request for release of all licensee exempt data with • A letter of concern was issued to approval of revised program outcomes the exception of ND Center for Nursing, Creighton University MSN Nurse as the program has full approval Dakota Nurse Connection, North Practitioner Program in Omaha, NE from the ND Board of Nursing and Dakota Nurse, and Federal and State for placing two NP students in ND for the programmatic changes are in agencies and direct staff to draft a new clinical practicum experiences without compliance with NDAC 54-03.2-06-02. policy to reflect board discussion. out-of-state program recognition for Programmatic Changes. • The Board motioned to archive the the 2015-2016 academic year. The • The Board approved the following document “Process for use of Board program submitted all required Nursing Education Committee of Nursing data base for research documents to meet recognition recommendation: proposals.” status for 2015-2016 and is now in o Find the TrainND North East of • The Board motioned to finally adopt compliance. Lake Region State College LPN the revised administrative rules NDAC • A letter of concern was issued Intravenous Therapy course in chapter 54-01-03 definitions and to Simmons College MSN Nurse full compliance with requirements chapter 54-05-03.1 advanced practice Practitioner Program in Boston, MA, for the LPN Intravenous Therapy registered nurse section 54-05-03.1- for placing a NP student in ND for Course according to NDAC 54-05- 10 authority to prescribe subject to clinical practicum experiences without 01. standards of practice for licensed the attorney general review as to the out-of-state program recognition for practical nurses and NDAC 54-03.2 legality. the 2015-2016 academic year. It was standards for nursing education • The Board directed staff to publish the noted there was a change in clinical programs; and notice from the national transportation placement specialist in the program. o Granted full approval of the TrainND safety board related to the healthcare The program submitted all required North East of Lake Region State provider responsibility for education of documents to meet recognition College LPN Intravenous Therapy potential risk that drugs and medical status for 2015-2016 and is now in Course until March 2020. conditions can create when patients compliance. • The Nursing Education Committee are operating a vehicle in any mode • The Nursing Education Committee recommended the board approve the of transportation in the Dakota Nurse recommended the board accept Proposed Revisions to the Nursing Connection and post on the website the University of North Dakota Education Loan Policy. under news and hot topics.
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DAKOTA NURSE CONNECTION ■ 9 NORTH DAKOTA BOARD OF NURSING OFFICIAL PUBLICATION
Five Reasons to Endorse the NLC
The NLC clarifies the authority to Key Message #1: Nurses Should workforce needs and improve access to practice for many nurses currently Practice to the Full Extent of Their health care services, particularly in light engaged in telenursing or interstate Education and Training (Chapter 3) of increasing shortages of healthcare practice. Nurses have great potential to lead professionals. It is also seen as a way From the Institute of Medicine’s 2010 report, innovative strategies to improve the of improving the efficiency of the “The Future of Nursing: Leading Change, health care system. However, a variety licensing system in this country so that Advancing Health”: of historical, regulatory, and policy scarce resources can be better used barriers have limited nurses’ ability to in the disciplinary and enforcement There is perhaps no greater generate widespread transformation… activities of state boards, rather than in opportunity to transform practice Many of these barriers have developed duplicative licensing processes. (p. 1) than through technology. Information as a result of structural flaws in technology has long been used to the U.S. health care system; others The NLC improves access to licensed support billing and payments but reflect limitations in the present work nurses during a disaster or other times has become increasingly important environment or the capacity and of great need for qualified nursing in the provision of care as an aid demographic makeup of the nursing services. to documentation and decision workforce itself. Regulatory barriers are From the American Red Cross’ 2011 report, making. Diagnostic and monitoring particularly problematic.…Removing “Disaster Services Program Review”: machines have proven invaluable in regulatory, policy, and financial barriers the treatment of cancer, heart disease to promote patient choice and patient- The spring of 2011 brought the and many other ailments. Examples centered care should be foundational worst outbreaks of deadly tornadoes cited by the IOM in Crossing the Quality in the building of a reformed health in decades. More than a one thousand Chasm: A New Health System for the 21st care system. (pp. 4-6) tornadoes were reported, prompting Century include “growing evidence 28 Red Cross disaster operations in 18 that automated order entry systems The NLC provides greater mobility for states across the country. Within hours can reduce errors in drug prescribing nurses. of these disasters nearly 64,000 health and dosing” and “improvements in From the U.S. Department of Health and and mental health contacts were made. timeliness through the use of Internet- Human Services Health Resources and Services The Red Cross needs to be prepared to based communication (i.e., e-visits, Administration’s 2010 report, “Health Licensing utilize as many nurses across state lines telemedicine) and immediate access Board Report to Congress”: as needed to care for those in distress. to automated clinical information, Currently 5,000 Red Cross nurses out diagnostic tests, and treatment results” Licensure portability is seen of the total pool of approximately 4.5 (IOM, 2001). Since that report was as one element in the panoply of million registered nurses and licensed published, the expanded use of online strategies needed to improve access practical nurses provide disaster health communication has resulted in so to quality health care services through services within their licensure, scope of called telehealth services that are the deployment of telehealth and practice, assessing and intervening as not limited to diagnosis or treatment other electronic practice services they have been prepared to do by their but also include health promotion, (e-care or e-health services) in this education and experience. (p. 6) follow-up, and coordination of care. country. But licensure portability goes Delivery of telehealth services has, beyond improving the efficiency and From the American Hospital Association’s however, like that of APRN services, effectiveness of electronic practice 2000 report, “Hospital Preparedness for Mass been complicated by variability in state services. Overcoming unnecessary Casualties”: regulations, particularly whenever licensure barriers to cross-state practice online communications cross state is seen as part of a general strategy Licensure of health professionals is lines. (p. 136) to expedite the mobility of health generally conducted on a state-by-state professionals in order to address basis. Licensure practices limit the
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flexibility and availability of potential soon as it is entered into the database. Institute of Medicine. (2010). The staff. Nursing licensure bodies could This improves the BON’s ability to act future of nursing: Leading change, increase preparedness by adopting in a timely manner and in many states, advancing health. Washington, D.C.: similar procedures or by adopting the prevents nurses with pending actions The National Academies Press. “Nursing Compact” presently being from moving to another state (their National Governors Association implemented by several states. (p. 24) application will be held in abeyance until Center for Best Practices. (2008). a final action has been rendered in the Annual report and recommendations The NLC improves access to nursing NLC party state). from the State Alliance for e-Health. care. Retrieved from http://www.nga. From the National Governors Association Center Organizations that Endorse the NLC org/files/live/sites/NGA/files/ for Best Practices’ 2008 report, “Annual Report pdf/0809EHEALTHREPORT.PDF and Recommendations from the State Alliance for s American Academy of Ambulatory U.S. Department of Health and e-Health”: Care Nursing Human Services Health Resources s American Association of and Services Administration. (2010). The State Alliance thoroughly Occupational Health Nurses Health licensing board report to examined the opportunities and s American Hospital Association Congress. Retrieved from http:// challenges in pursuing options for s American Nephrology Nurses www.hrsa. gov/ruralhealth/about/ multistate practice and e-health Association telehealth/licenserpt10.pdf expansion. Among these were licensure s American Organization of Nurse structures to support cross-state e-health Executives For more information about the consultations, and remote delivery of s American Telemedicine Association NLC, visit www.ncsbn.org/nlc or health care services; the need to enable s Population Health Alliance email [email protected]. mail-order pharmacies, telehealth, and s Case Management Society of 111 E. Wacker Drive, Ste. telemedicine; and the potential of the America 2900, Chicago, IL 60601-4277 s current Nurse Licensure Compact as s Center for Telehealth & e-Health Law 312.525.3600 s www.ncsbn.org/nlc a model for other health professions. s Emergency Nurses Association Given the level of activity across s National Military Family the country of state nursing boards Association supporting the NLC and the NLC’s s State Alliance for e-Health of the benefits to enabling e-health, the State National Governors Association Alliance encourages the remaining state Center for Best Practices nursing boards to join the compact. s U.S. Department of Commerce SeniorNOW Care OPEN Unit Governors and state legislatures s Air & Surface Transport Nurses should direct the state’s nursing Association GIVEGIVE board to participate in the NLC, s American Association of Colleges BACK given the importance of the NLC for of Nursing e-health purposes. Governors and state s American Association of Poison TO legislatures should provide financial Control Centers LIFELIFE support to the nursing boards for the s Association for Vascular Access initial implementation of the NLC and s Association of Camp Nurses ensure that the boards are funded at s Citizen Advocacy Center (CAC) levels needed to assure public protection s Commission for Case Manager operations. (p.36) Certification We make a living by what we get, s Telehealth Leadership Council but we change a life by what we give. The NLC enhances discipline Join the team of amazing nurses at Prairie St. John’s and information-sharing among References Nursing Opportunities participating NLC states. American Hospital Association. 6WXGHQW/RDQ5HSD\PHQW3ODQ (2000). Hospital preparedness for &RQWLQXLQJ(GXFDWLRQ%HQH¿WV NCSBN’s Nursys® database (www. mass casualties. Retrieved from 5HLPEXUVHPHQWIRU/LFHQVH)HHV nursys.com) provides licensure and http://www.aha.org/content/00- ([FHOOHQW3D\DQG%HQH¿WV disciplinary information for registered 10/2000forumreport.pdf nurses (RNs) and licensed practical/ American Red Cross. (2011). Disaster Learn more at prairie-stjohns.com vocational nurses (LPN/VNs). Per an services program review. Retrieved NLC statute, all compact states transmit from http://www. redcross.org/images/ and access significant investigative MEDIA_CustomProductCatalog/ information through Nursys, therefore m8540111_Disaster-Relief- Program- making this data readily accessible as Review-2011.pdf prairie-stjohns.com | Fargo, ND
DAKOTA NURSE CONNECTION ■ 11 NORTH DAKOTA BOARD OF NURSING OFFICIAL PUBLICATION
Frequently Asked Questions Q& Related to Discipline, Investigations, and Complaints Who can file a complaint against a investigation is initiated. separate violation may be imposed nurse?A against the licensee following Anyone, including a public citizen, • The nurse is notified of the any disciplinary action. Costs and patient, family member, co-worker, complaint and asked to submit a disbursements, including witness fees, employer, facility, other regulatory written response to the board. and reimbursement of the board’s agencies, and even the Board, may expenses in any administrative file a complaint against a licensed • The pending matter is hearing or other proceeding, may be nurse for alleged violations of the investigated, interviews are recovered from the licensee following Nurse Practices Act. Any person conducted, records are obtained, any disciplinary action. who has knowledge of conduct by a and evidence is reviewed. licensed nurse that may have violated How long will it take to resolve a a nursing law or rule in North Dakota • The completed investigation complaint? may report the alleged violation to is reviewed by the Disciplinary Depending on the complexity the North Dakota Board of Nursing. Review Panel of the North and nature of the case, availability However, as stated in the Nurse Dakota Board of Nursing to of information, coordination and Practices Act (NDCC 43-12.1-11), the determine if evidence exists to cooperation of witnesses and the law mandates licensees to report support a violation of the Nurse licensee, the disciplinary process, to the Board any knowledge of the Practices Act. including the investigation, performance by others those acts or proceeding, and disposition of a case, omissions that are violations of the o Cases that are dismissed due can take anywhere from a few weeks Nurse Practices Act or grounds for to lack of evidence to support to several months to a year or more. disciplinary action set forth in NDCC a violation of the Nurse Each case is unique and needs to be 43-12.1-14. Practices Act are resolved at considered on its own merits. On this level. average, cases are resolved within How do I know what to include with 45-60 days from the date they are my complaint? o If the evidence obtained received in the board office until the The complaint form may be during the investigation date the investigation is completed obtained from the North Dakota supports the allegations and the matter is resolved. Board of Nursing website at www. of a violation of the Nurse ndbon.org; click on forms, then Practices Act, a disciplinary Can a nurse continue to practice Potential Violation Report. When settlement may be discussed nursing while there is a pending submitting a complaint to the Board with the licensee, outlining investigation against him/her? of Nursing, submit the form in the the facts of the violations and The ability to continue nursing most complete manner possible and the appropriate sanctions. practice during an investigation is include a written synopsis of the permissible as long as the nurse who nature of the complaint with detail. • All disciplinary actions must be is under investigation maintains a taken to the Board of Nursing for current nursing license and there is What happens once a complaint is final action. no evidence of immediate threat to filed? patient safety. • When a request for investigation What disciplinary sanctions can the is received by the North Dakota Board of Nursing impose against a Is there a timeframe requirement to Board of Nursing, the information licensee? file a complaint? is reviewed to determine The Board can impose various The North Dakota Board of whether jurisdiction exists and disciplinary sanctions against a nurse Nursing does not have a time limit to whether the alleged practice for violations of the Nurse Practices file a complaint. However, complaints or behavior, if true, violates the Act, including, reprimand, probation, that are not submitted in a timely law or regulations that govern suspension, revocation, surrender, manner may be more difficult to the licensee’s practice. Once and emergency suspension. investigate. these two conditions are met, an Additionally, penalty fees for each
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Will the nurse know who submitted public needs to be monitored or nurse and the Board eliminates the the complaint? separated from nursing practice, a need for an administrative hearing. The person named in the variety of actions may be initiated, However, if the nurse contests the allegation may be given a copy of taking into consideration the charges, a formal complaint is filed the Potential Violation Report in potential risk of harm to patients as and an administrative hearing is order for the Respondent to submit well as mitigating and aggravating scheduled before an administrative a written response to the allegations. circumstances in the nursing care law judge. Following the hearing, the Such document may be an open or delivery system. Most disciplinary administrative hearing officer makes public record under NDCC 44-04-18. cases are resolved with an informal a recommendation to the Board with However, if disclosure of the identity stipulated settlement. This type of the final decision made by the Board of the complainant poses a risk to the settlement agreement between the of Nursing. person making the complaint, the complainant’s identifying information may be redacted. Trinity Nursing: A Leading Force for Change! What may happen to the nurse? Now Hiring LPNs & RNs in all specialties! The mission of the North Dakota New Grads Welcome Board of Nursing is to protect Be part of a Dynamic Progressive Healthcare System. As a nonprofit, fully-integrated the public. The disciplinary staff healthcare system, our network of Doctors, Nurses, Hospitals, Nursing Homes, aim to accurately and efficiently Clinics and other facilities has been recognized for its dedication to quality care and evidence-based practice. Recently Trinity has been awarded the distinction of being investigate every complaint in a one of The Top 25 Connected Healthcare Facilities, and has become a member of fair and appropriate manner. If the the Mayo Clinic Care Network. We offer a competitive wage, benefits package, and Board determines that the nurse Sign On Bonus! For a complete listing of who has engaged in activities with available Nursing opportunities and to apply online, visit www.trinityhealth.org. or call the the potential for endangering the Nurse Recruiter at 701-857-5126. health, safety, and welfare of the Trinity Health is an EEO/AA/disabled individuals/veteran employer
Nurses with Fifty Years of Service
The North Dakota Board of Nursing recognized nurses who have served the profession for the past 50 years with certificates. The following nurses were on the list of nurses:
JOYCE DIEDE, LPN — FARGO, ND ROSEMARY HAUFF, RN — LEHR, ND
MARLYS KRAMER, LPN — BISMARCK, ND MARDELLE HELM, RN — ANAMOOSE, ND
ANNETTE SCHAFER, LPN — PORTLAND, ND MAYSIL MALARD, RN — BISMARCK, ND
VIOLA SPRENGER, LPN — ELGIN, ND SHEILA SCHROEDER, RN — HARVEY, ND
JOANN WEIGEL, LPN — BISMARCK, ND SARA VANDAL, RN — GRAND FORKS, ND
The certificate acknowledges the 50 years of active licensure in North Dakota as either an RN or LPN. We take great pleasure in marking this special achievement. Thank you so much to the nurses and their dedication to the profession of nursing. Congratulations!
DAKOTA NURSE CONNECTION ■ 13 NORTH DAKOTA BOARD OF NURSING OFFICIAL PUBLICATION Addressing the National Transportation Safety Board Recommendations for State Licensing Boards
will also be available on the North Dakota Board of Nursing Dr. Stacey Pfenning DNP APRN FNP website at www.ndbon.org under News.
The National Transportation Safety Board (NTSB), an Evidence That Pilots Are Increasingly Using Over-the- independent federal agency appointed by Congress, was Counter, Prescription, and Illicit Drugs charged with investigating all civil aviation accidents in the Article from NTSB to Governor reprinted with permission United States, as well as significant incidents involving other modes of transportation. The NTSB issued recommendations The National Transportation Safety Board (NTSB) recently to all states in September 2014. The recommendations analyzed toxicology tests from 6,677 pilots who died in a outlined the results of the NTSB safety study, “Drug Use Trends total of 6,597 aviation accidents between 1990 and 2012. in Aviation: Assessing the Risk for Pilot Impairment.” In November The results demonstrate a significant increase in the use of a 2015, the NTSB sent a follow –up letter to Governor Jack variety of potentially impairing drugs. Dalrymple outlining safety recommendations I-14-1 and The study found significantly increasing trends in pilots’ I-14-2 and requesting contributions from the state licensing use of all drugs, potentially impairing drugs (those with a boards. US Food and Drug Administration warning about sedation The NTSB recommendation I-14-1 urged development or behavior changes in routine use), controlled substances, of state guidelines for licensees addressing inclusion of and illicit drugs (those defined as Schedule I by the US Drug patient education on the effects of medical conditions Enforcement Administration). The final report, Drug Use Trends and medication use (specifically controlled substances) in Aviation: Assessing the Risk of Pilot Impairment, is available on the ability to safely operate a vehicle in any mode of on the NTSB’s Safety Studies web page under report number transportation. The NTSB I-14-2 requested publication of SS-14/01. these safety highlights in state licensing board newsletters In this study, the pilot was considered to be positive for a and websites. drug if it could be qualitatively or quantitatively identified in To address NTSB I-14-1, the North Dakota Board of blood or tissue; drugs identified only in urine or used as part Nursing Administrative Code (NDAC) articles 54-05-01, of resuscitative efforts were excluded. 54-05-02, and 54-05-03.1 contain rules on scope of practice Overall, 98% of the study pilots were male and 96% were detailing licensee responsibility to participate in or provide flying privately rather than for commercial purposes. The health teaching for all aspects of a patients care plan, average age of study pilots increased from 46 to 57 years including any treatment regimen. The “Scope of Practice” over the study period. rules are available at http://www.legis.nd.gov/information/ Over the course of the study, for fatally injured pilots, the acdata/html/54-05.html. Additionally, the Board of Nursing following was found: adopted the practice statement titled, “Role of the Nurse in Pain Management” in 2006 with review/revision in 2012. The proportion of pilots testing positive for at This practice statement further safeguards public health least one drug increased from 10% to 40%. and safety by providing specific guidance and regulation to nurses involved in the management of pain, including More than 20% of all pilots from 2008-2012 patient assessment, implementation, and teaching about their were positive for a potentially impairing drug, pain medication regimen. Currently, the Board of Nursing and 6% of all pilots were positive for more is collaborating with other licensing boards in the state to than one potentially impairing drug. complete the rule-making process regulating the use of the Prescription Drug Monitoring Program by prescribers, which Overall, the most common potentially promotes monitoring of patient controlled substance regimen impairing drug pilots had used was with the aim of reducing misuse, overuse, and abuse of these diphenhydramine, a sedating antihistamine medications. (the active ingredient in many Benadryl and The NTSB recommendation I-14-2 requested licensing Unisom products). boards to publish the importance of licensee’s routinely discussing the effect of patient’s medical conditions and drug During the most recent 5 years studied, 8% regimen on their ability to operate vehicles safely, with focus of all pilots tested positive for controlled on controlled substances. To meet this recommendation, the substances; hydrocodone and diazepam each paper titled, “Evidence That Pilots are Increasing Using Over-the- accounted for 20% of the positive findings. Counter, Prescription, and Illicit Drugs” will be included in this edition of the Dakota Nursing Connection. This publication The percentage of pilots testing positive for
14 ■ DAKOTA NURSE CONNECTION 3 TH 3T 3UITE s "ISMARCK .$ s 0HONE
marijuana use increased to in general aviation. Aviation is the trend in drug use among operators about 3% during the study only transportation mode in which a across all modes of transportation. period, mostly in the last fatally injured operator (pilot) routinely These results highlight the importance 10 years. undergoes extensive toxicology testing; of routine discussions between health no similar testing is routinely performed care providers and pharmacists and their The large increase in the proportion for fatally injured operators of boats, patients about the potential risks that of fatally injured pilots with evidence trains, trucks, or cars. Given the general drugs and medical conditions can create of potentially impairing drugs suggests increase in drug use in the population, when patients are operating a vehicle in an increasing risk of impairment it is likely that there has been a similar any mode of transportation. Attention –Check Your North Dakota UAP/MA Expiration Dates Unlicensed Assistive Person/Technician and Medication Assistant III Expiration/Renewal
♦ Unlicensed Assistive Person/ Current Employers Name, City, employment setting) Technician and Medication State Licensed Nurse Name, RN/LPN Assistant III who have a o Past Employment Verification – License Number, RN/LPN registration expiration date of (employment must have occurred License Expiration, Date of June 30, 2016 will be mailed in the last two years) Competence Verification postcards in April 2016 notifying Past Employers Name, City, State o Verification of current certification them to go to the ND Board of and Dates of Employment or registration by board- Nursing website (www.ndbon. o Licensed Nurse Verification recognized national bodies. org) for renewal. RENEWAL WILL (independent from applicant ONLY BE AVAILABLE ONLINE. NO PAPER RENEWALS WILL BE AVAILABLE. advance your ♦ Failure to receive a renewal notice Prairie Travelers does not relieve an Unlicensed career with a Assistive Person/Technician or NOW RECRUITING Medication Assistant III of the Part-time and Full-time RNs dnp degree obligation to renew his/her (Hospital, ER, and LTC), "%PDUPSPG/VSTJOH1SBDUJDF registration before the expiration date. also LPNs, CMAs and CNAs. EFHSFFXJMMFNQPXFSZPVUP FYQBOEZPVSJNQBDU JODPNF Everyone deserves a job they love! Choose ♦ Unlicensed Assistive Person/ BOEJOnVFODF5IF6OJWFSTJUZ your shifts, dates and locations! Providing Technician and Medication travelers to health care facilities in MT, ND PG.JOOFTPUBPGGFST Assistant III have the responsibility and SD since 2000. t TQFDJBMUJFT of notifying the ND Board of Nursing of any address changes. Prairie Travelers offers: t .PSFUIBO t&YDFMMFOUXBHFTIFBMUICFOFëUT NJMMJPOJO ♦ If an Unlicensed Assistive Person/ t;FSP"TTJHONFOU$BODFMMBUJPOT TDIPMBSTIJQT t'MFYJCMF4DIFEVMJOH Technician and/or Medication t &YDFMMFOU Assistant III assists in the practice t7BSJFE8PSL4FUUJOHT t5SBWFM3FJNCVSTFNFOU nFYJCMFDMJOJDBM of nursing without a current t#POVT1SPHSBNT)PMJEBZ1BZ QMBDFNFOUT registration, he/she may be t-PEHJOH1BJE $MFBO 2VJFU 4BGF 1SJWBUF assessed additional fees. Apply today and let Prairie Travelers customize a ♦ The Unlicensed Assistive Person/ work schedule that meets YOUR needs. Technician/Medication Assistant 'PSBOBQQMJDBUJPOPSNPSFJOGP III will be required to validate call (406) 228-9541 or visit continued competency by providing one of the following: www.prairietravelers.com o Current Employer Verification - E-mail: [email protected] -FBSONPSFBUXXXOVSTJOHVNOFEV
DAKOTA NURSE CONNECTION ■ 15 NORTH DAKOTA BOARD OF NURSING OFFICIAL PUBLICATION
Frequently Asked Questions Requirements for Licensure by Examination
QAPPLICATION PROCESSING of residence. If you change your by examination, your work & primary state of residence at a later authorization will be issued. A When am I made “Eligible for date, you can apply for license by paper work authorization will not Licensure by Examination?” endorsement in ND. See www.ncsbn. be mailed. Your work authorization In orderA to be made eligible to test org for a current list of compact number, issue date and expiration AND be issued a work authorization states. date will be posted on our website. to practice as a graduate nurse, the You can check our website at following must be received in the SCHEDULING TO TEST www.ndbon.org – click on the board office: Verify Tab. ♦ On-line application for license When can I schedule my appointment? by examination and $130.00 An Authorization to Test (ATT) When can I start working as a nonrefundable fee ($110.00 is required to schedule your graduate nurse? application fee and $20.00 CHRC appointment. Once you’ve been Your work authorization Fee) payable by credit or debit made eligible for licensure by must be issued before you start card, Paypal account or checking examination by the Board of Nursing, practicing as a graduate nurse or account routing numbers. your ATT will be e-mailed to you by attend any orientation sessions. ♦ Official transcripts from nursing Pearson Vue. program with the degree posted; How long is a work authorization and How long is the ATT valid? valid? ♦ Registration from NCLEX The authorization to test is valid for The work authorization is valid Candidates Services for testing ninety (90) days. for 90 days, or until you are notified ($200.00 fee required) of the test results, whichever occurs How soon will I be able to test? first. What do I do if I have a name or You are guaranteed to be offered address change? a testing date within thirty (30) days Can anyone get a work Address and name changes can of the time you call the Pearson Test authorization? be made on this website under Center. If the test center offers a date You must complete the NURSE LICENSURE, DEMOGRAPHIC within the 30 days and you decline application for licensure process UPDATES. that date, the test center has met their within sixty (60) days of graduation contractual obligation. Please contact in order to be eligible to receive a What are the payment options and the board office if you have any graduate nurse work authorization. what do I do if I do not have a credit problems scheduling your test. card or debit card? Will I receive a work authorization You may use a Visa, MasterCard What happens if I need to reschedule? by mail? or Discover credit or debit cards, If you need to change your No. Work authorizations will checking account information, or a appointment, you must contact NCLEX be posted on our website for Paypal account. If you do not have Candidate Services one full business applicants and employers to access. any credit cards or a bank account, day (24 hours) prior to your scheduled you can purchase a Visa, MasterCard appointment. CRIMINAL HISTORY RECORD or Discover gift card at many banks CHECK or credit unions or at discount stores Is there a practice test? such as WalMart and CVS Pharmacy Yes, there is a tutorial available How do I apply for a criminal history for the purpose of paying for the on the test vendor website at www. record check (CHRC)? on-line application. pearsonvue.com/nclex. After you complete your application for licensure by What if I am claiming another WORK AUTHORIZATION AND examination, click on the Criminal compact state as my primary state of PRACTICE AS A GRADUATE NURSE History Record Check link. Print and residence? complete the CHRC Form provided If you claim another compact state When do I get my Work authorization on the link and CAREFULLY follow as your primary state of residence, to practice as a graduate nurse? the instructions for fingerprinting as you will need to apply for license by When the ND Board of Nursing listed under Option #1 or Option examination in your primary state has made you eligible for licensure #2.
16 ■ DAKOTA NURSE CONNECTION 3 TH 3T 3UITE s "ISMARCK .$ s 0HONE Are you a licensed RN or LPN How long does the fingerprinting for you, it does not necessarily process take? mean that you’ve failed. It is who is looking for a Both federal and state checks possible that a license has not will be performed. If fingerprints yet been issued for you. After career change? are not adequate for identification the results have been processed, purposes for BCI, new cards will be the license verification will show required for a second set of prints. a license number if you passed, Consider the benefits of working If the second set of prints are not or the work authorization will be adequate for identification purposes, expired if you failed. DO NOT CALL for a Travel or Home Care Agency: a name search will be requested. the board office for confirmation, ȏ &RPSHWLWLYHZDJHV Processing time averages ten days if we cannot release pass/fail results ȏ :HHNO\SD\UROO first set of fingerprints are adequate. by phone. ȏ 6KLIWVVFKHGXOHGDURXQG\RXUEXV\ OLIH IDPLO\WLPH ȏ :RUNFORVHWRKRPH OBTAINING RESULTS AND Can I start practicing as a nurse ȏ 2QWKHMREWUDLQLQJ LICENSURE once I received my unofficial results ȏ +HDOWKLQVXUDQFH UHWLUHPHQWSODQ that I passed? IRUTXDOLI\LQJHPSOR\HHV How soon will my results be No. You cannot start practicing ȏ ([SORUHGLHUHQWIDFLOLWLHVRUZRUN available? as a nurse until you have been RQHRQRQHLQSDWLHQWVȇKRPHV Your unofficial examination issued a license by the board of ȏ 3RVLWLRQVDYDLODEOHQRZ 351 results are available through NCLEX nursing. Licenses can be viewed WHPSRUDU\FRQWUDFWV)7RU37KRXUV Quick Results Service offered by the in the “Verify” Section of the Board 2XUHPSOR\HHVDUHRXUJUHDWHVWDVVHW test service. You can access your website. ΖI\RXKDYHH[SHULHQFHDVDOLFHQVHG unofficial results via the internet SURIHVVLRQDODSDVVLRQIRU\RXUFDUHHU at www.pearsonvue.com/nclex When will my license expire? DQGDVWURQJZRUNKLVWRU\FKHFNRXW and sign in with a user name and Effective 4/1/2014, applicants RXUZHEVLWHVDQGȴOORXWDQRQOLQH password. Choose “Current Activity,” for initial license by examination DSSOLFDWLRQ then “Recent Appointments,” and shall receive a license expiring on &RQWDFW then “Status.” After entering a credit 12/31 of the following year as part card number the unofficial results of the application fee. Dakota Travel Nurse will be displayed. The fee for this 3URYLGLQJH[FHSWLRQDOVWDWRRYHU service will be listed on the website. What if I fail? KHDOWKFDUHIDFLOLWLHVLQ1'6' 07 Your credit card will only be If you fail, you will receive a Call 701-667-2884, or Apply @ charged if your results are available. diagnostic profile of your areas GDNRWDWUDYHOQXUVHFRPDSSOLFDWLRQ The examination results are of weakness, and the required mailed to you from the board office documents to submit for retesting. Dakota Travel Nurse Home Care within 7 days of your testing. The You are able to retest 45 days 3URYLGLQJPHGLFDO QRQPHGLFDO board office makes every effort to after your original test date. KRPHFDUHVHUYLFHVWKURXJKRXW1' mail the results within 48 hours of The retesting application can be your testing. DO NOT CALL the submitted on-line prior to that date Call 701-663-5373, or Apply @ board office for your test results, as for processing. GDNRWDFOHDUFDUHRQOLQHFRPDSSO\ we are unable to release them over the phone or to your employer. If Can I continue to work as a you pass, you will receive a license graduate nurse if I fail the NCLEX? to practice as a nurse. No. Your Graduate Work Your Criminal History Record Authorization becomes invalid Check must be completed prior to when you receive the examination your license being issued. results. A candidate who fails the licensing examination may not Can I find out if I passed or failed be employed in a position with using the board’s website? functions that are usually assigned You can access the board’s to licensed nurses. You are NOT website to see if a license has been able to continue to practice as a issued. If a license is not showing graduate nurse.
DAKOTA NURSE CONNECTION ■ 17 OFFICIAL PUBLICATION SOUTH DAKOTA BOARD OF NURSING
MISSION STATEMENT Board Staff Directory To safeguard life, health, and the Gloria Damgaard, MS, RN, FRE public welfare, and to protect citi- %XECUTIVE $IRECTOR zens from unauthorized, unqualified, [email protected] / (605) 362-2765 and improper application of nursing education programs and nursing practices, in accordance with SDCL Francie Miller, RN, BSN, MBA [email protected] Nursing Program Specialist (605) 362-3545 36-9 and SDCL 36-9A. #OMPLIANCE %NFORCEMENT $ISCIPLINE
Stephanie Orth, MS, RN South Dakota Board of Nursing Nursing Program Specialist [email protected] Officers and Members 2EGARDING .URSING %DUCATION .URSE !IDE 4RAINING (605) 642-1388 Kristin Possehl President, RN Member, Brookings Linda Young, MS, RN, FRE, BC Nancy Nelson Nursing Program Specialist [email protected] Vice-President, RN Member, Sturgis Regarding Advanced Practice Nursing, Scope of (605) 362-2772 Mary Schmidt 0RACTICE AND .URSING 7ORKFORCE #ENTER Secretary, LPN Member, Sioux Falls Erin Matthies [email protected] Robin Peterson-Lund Licensure Operations Manager (605) 362-3546 APRN Member, Sioux Falls Robert Garrigan, Business Manager [email protected] June Larson 2EGARDING .#,%8 %XAMINATION (605) 362-2766 RN Member, Vermillion Rebekah Cradduck Ashley Kroger [email protected] Program Assistant (605) 362-2760 Public Member, Sioux Falls Sharon Neuharth Jill Vanderbush [email protected] LPN Member, Burke Licensure Specialist (605) 362-2769 Betty Oldenkamp Public Member, Sioux Falls Deborah Letcher RN Member, Sioux Falls $)3#)0,).!29 !#4)/.3 4!+%. "9 4(% 3/54( $!+/4! "/!2$ /& .523).' Darlene Bergeleen 2. -EMBER 7ESSINGTON 3PRINGS Februrary 2016 Christopher Alan Baartman, R035872 ...... Voluntary Surrender Michael James Broadbent, NY RN614648 ...... Deny Licensure Sierra Lynne Cates, P011710 ...... Summary Suspension Jannica Dawn Daniell, TX 742892 ...... Letter of Reprimand + Remediation Next scheduled Board of Nursing Meetings, to be held in Sioux Sonya Ragene Fisher, P009193 ...... Probation Falls, South Dakota: Walter Thomas Flagg, P010909 ...... Letter of Reprimand Ayana Capri Hardiman-Davis, P011724 ...... Summary Suspension Meeting date: Teresa Jo Janis, P009682 ...... Letter of Reprimand April 21-22 Heather Jean Thomas, R035409 ...... Summary Suspension June 9-10 Robin L. Thompson, R021487 ...... Letter of Reprimand September 8-9 Lacey Jean Warnke, R040614 ...... Summary Suspension November 17-18 Christopher Erin Kyle, R042473 ...... Suspension Carol Ann Kindvall, SD RN Applicant...... Deny Licensure
All licensure forms, the Nurse Practice Act and contact information is Attn: Medication Administration Training Program available on the South Dakota Board Renewal Deadline is April 30, 2016. See SD BON of Nursing Website at www.sdnursing.gov website for details http://doh.sd.gov/Boards/Nursing/
18 ■ DAKOTA NURSE CONNECTION 3 ,OUISE !VE 3UITE s 3IOUX &ALLS 3$ s 0HONE s &AX continued from page 4 safe and effective nursing care of the patient Enhanced NLC does not take effect rendered directly or indirectly • Communicating and until it has been enacted in 26 states • Advocating for the best interest collaborating with patients and or by December 31, 2018. The of the patient members of the health care team current compact and the laws and • Communicating and • Assisting with health counseling rules that govern it remain in force collaborating with other and teaching until that time. The Board of Nursing health care providers in the • Delegating and assigning nursing will be in communication with nurses management of health care and interventions to implement the and employers of nurses prior to the the implementation of the total plan of care and implementation of the Enhanced NLC. health care regimen within and • Other acts that require education Senate Bill 29 also contained across settings and training consistent with amendments to update the Nurse • Managing, supervising, and professional standards as Practice Act to reflect current evaluating the practice of nursing prescribed by the board, by rules operations of the Board of Nursing • Teaching the theory and practice promulgated pursuant to chapter and current nursing practice. of nursing 1-26 and commensurate with SDCL36-9-3 and 36-9-4 were • Participating in development of the registered nurse’s education, amended to update the scope of health care policies, procedures, demonstrated competence and practice for RNs and LPNs. These and systems; and experience statutes had not been updated since • Other acts that require education 1976 for LPNs and 1986 for RNs. and training consistent with A focused nursing assessment The new language for the scope of professional standards as means recognizing patient practice of a registered nurse includes: prescribed by the board, by rules characteristics by a licensed practical promulgated pursuant to chapter nurse that may affect the patient’s • Providing comprehensive nursing 1-26 and commensurate with health status, gathering and recording assessment of the health status the registered nurse’s education, assessment data, and demonstrating of patients demonstrated competence and attentiveness by observing, • Collaborating with the health experience monitoring, and reporting signs, care team to develop and symptoms , and changes in patient coordinate an integrate patient- Changes to the LPN Scope of condition in an ongoing manner to centered health care plan Practice statutes include language that the supervising health care provider. • Developing the comprehensive a licensed practical nurse practices SDCL 36-9-49 was amended patient-centered health care plan under the supervision of a registered to change two of the grounds for including: nurse, advanced practice registered disciplinary action. SDCL 36-9-4 • Establishing nursing diagnosis nurse, licensed physician, or other now reads; committed an alcohol o Setting goals to meet health care provider authorized by or drug related act or offense that identified health care needs; the state. A licensed practical nurse interferes with the ability to practice o Prescribing nursing is guided by nursing standards nursing safely. SDCL 36-9-10 reads; interventions established or recognized by the engaged in unsafe nursing practice, • Implementing nursing care board and include: substandard care, or unprofessional through the execution of conduct. independent nursing strategies • Collecting data and conducting The amendments to the practice and the provision of regimens a focused nursing assessment of act are effective as of July 1, 2016. requested, ordered, or prescribed the health status of a patient The newly amended Nurse Practice by authorized health care • Participating with other Act will be publicly available on our providers health care providers in the web-site after this date. If you would • Evaluating responses to development and modification of like copies of any of the enacted interventions and the the patient –centered health care changes prior to that time, please effectiveness of the plan of care plan contact the Board of Nursing for • Providing for the maintenance of • Implementing nursing assistance. As always, we welcome safe and effective nursing care interventions within a patient- your feedback on any of these • Designing and implementing centered health care plan amendments. I will be in touch with teaching plans based on patient • Assisting in the evaluation of you again during the summer. needs responses to interventions • Delegating and assigning nursing • Providing for the maintenance of interventions to implement the safe and effective nursing care plan of care rendered directly or indirectly • Providing for the maintenance of • Advocating for the best interest
DAKOTA NURSE CONNECTION ■ 19 SOUTH DAKOTA BOARD OF NURSING OFFICIAL PUBLICATION Medication Aide Registration and Training Program Approval Requirements
Medication Aide Registration Medication Aide Training Program includes passing the Board’s final Renewal exam. If the individual fails the exam, the The South Dakota Board of Nursing individual must then re-take a SDBON implemented the Medication Aide Unlicensed medication aide approved MATP. The UMA registration Registry on May 1st, 2015 following personnel are required to complete application is available at: http://doh. the promulgation of new rules in ARSD a 20-hour South Dakota Board of sd.gov/boards/nursing/MATPApproval. 20:48:04.01 requiring the registration Nursing (SDBON) approved Medication aspx. of medication aides and passage of the Administration Training Program (MATP), Board of Nursing final exam. As of April taught by a licensed RN with a minimum 2. If I hire an individual that worked 8, 2016 the Board has registered 4,669 of 2 years experience. Approval of a at a group home or community unlicensed medication aides (UMA). MATP is granted for a 2-year period setting licensed by the Division Following the implementation of the and all training programs expire and of Developmental Disabilities, new rules, licensed nurses practicing need to be renewed prior to April 30, Department of Human Services do in South Dakota may only delegate 2016. Requests for faculty or curriculum they need to re-take medication aide medication administration to UMAs changes must also be pre-approved training? listed on the South Dakota Board of by the Board. The approval process, Answer: Yes. The training is not Nursing’s registry. Registry status may application forms, and the list of all considered equivalent; a 20-hour SD be verified on the Board’s website: approved programs are located on Board of Nursing approved MATP must https://www.sduap.org/verify/. If a the Board’s website: http://doh.sd.gov/ be completed before the individual will person is not listed a nurse may not boards/nursing/MATPApproval.aspx. be allowed to take the Board’s final delegate medication administration exam and be registered as a UMA. to that person. Information on how FAQ Medication Aide Training, Testing, an unlicensed person may become & Registration 3. If I hire a nursing student does she registered is located on the Board’s need to complete a BON approved website: http://doh.sd.gov/boards/ Training 20-hour MATP? nursing/MATPApproval.aspx. 1. If I hire an individual that is not Answer: Nursing students may apply UMA registration will remain active registered as a UMA but who has to waive the 16-hour course content for two years after the date of issue to previously completed a SDBON portion of the required 20-hour MATP. a UMA registrant. The UMA should approved medication aide training The student must have successfully keep their personal contact information program (MATP) at another facility, completed a pharmacology course and/ updated on the board’s registry site as does that individual need to repeat or or fundamentals in nursing course that a courtesy renewal notice will be sent re-take the course? included theory, lab, and clinical content 90 days prior to the UMA’s registration Answer: Most often, no, the new in the area of medication administration. expiration date. Renewal requirements employee should provide the employer The student is required to complete the and application will be posted on the with a copy of their MATP certificate for 4-hour clinical/lab portion of the training Board’s website in 2017. the employer’s records. If the individual with an RN to verify the student’s does not have a copy, request a copy competency to perform all skills listed on It is important that nurses and from the program they attended, if not the Board’s approved skills competency employers recognize that the Board’s available, request other evidence such checklist. The student must also become registry only provides assurance that as an attendance roster. (All approved registered as a UMA; this will include individuals listed have met minimal programs are required to maintain passing the Board’s final exam. If the criteria including the completion of records of student completion.) Upon student fails the exam, the student must required training and testing to allow receipt of the certificate, have the new take a Board approved MATP. them to accept the delegated task employee complete a competency of medication administration from a validation with an RN to verify the 4. If I hire an individual that worked as a licensed RN or LPN while under nurse employee can safely perform the medication aide in another state does supervision. Registry status does NOT skills listed on the BON’s approved she need to complete a BON approved imply that an individual has met moral, skills competency checklist (http:// 20-hour MATP? ethical, or legal standards and should doh.sd.gov/boards/nursing/assets/ Answer: Individuals who have not take the place of an employer’s ClinicalSkillsChecklist.pdf). Once completed an equivalent MATP of at hiring screening process or background completed, the employee must then least 20 hours in length and who are check. become registered as a UMA; this currently registered as a medication
20 ■ DAKOTA NURSE CONNECTION 3 ,OUISE !VE 3UITE s 3IOUX &ALLS 3$ s 0HONE s &AX aide in another state may apply by “fail”, no score or percentage is provided. be placed in a position of not being able endorsement and request to waive the to follow all of the guidelines listed in the 16-hour course content portion of the 9. How many times can an applicant take Proctor Agreement Form. 20-hour MATP. The applicant must still the exam? complete the 4-hour clinical/lab portion Answer: If an applicant fails the exam on 14. Can a proctor charge for their time? of the required training with an RN to the first attempt she may take it a second Answer: This is not a Board decision, verify that the individual is capable of time. If the applicant fails on the second if a proctor wishes to charge a fee for performing all skills listed on the SDBON attempt the applicant should repeat the their service it is the applicant and/or approved skills competency checklist 20-hour training course. employer’s decision as to whether to pay safely and competently. Once the 4-hour the person to be a proctor. The Board lab portion is complete the employee Exam Proctor does not require that fees be paid to a must also become registered as a UMA; 10. Why does an applicant need a proctor proctor. this will include passing the Board’s final to take the exam? exam. If the employee fails the exam, she Answer: Proctors are individuals 15. Can a proctor administer the test must take a Board approved MATP. approved by the South Dakota Board to more than one UDA and/or UMA of Nursing; they are needed in order to applicant at a time? 5. Can others, such as a pharmacy tech supervise the online administration of the Answer: It is the proctor’s responsibility to or EMT, also waive the 16-hour MATP Board’s UMA and Unlicensed Diabetes determine if they will be able to proctor requirement? Aide (UDA) exams. Proctors must sign more than one applicant at a time. Answer: No. The training is not a Proctor Agreement Form, http://doh. A proctor may choose to do so if the considered equivalent because sd.gov/boards/nursing/documents/ proctor is able to meet all requirements administering medications in nursing ProctorAgreementForm.pdf, and agree listed on the Proctor Approval Form while settings is different than the duties they to adhere to the terms listed in the administering the exam. were educationally prepared to provide. agreement form when administering Therefore, these individuals need to the online exams, e.g. safeguarding the For other questions or for more complete a 20-hour approved MATP confidentiality of the exam, not disclosing information contact Ashley.Kroger@ program, pass the Board’s final exam, any portion of the exam, reporting known state.sd.us. and be registered as a UMA. or suspected breaches in security of the exam, and ensuring a secure testing Board of Nursing Final Exam environment. 6. Is there a fee for the exam? Answer: No. 11. Does the Board of Nursing share a list of proctors for the online UMA and UDA 7. What is on the exam? exams? Answer: The exam is comprised of 65 Answer: Yes, however only the name of multiple choice questions. The test plan, the proctor and his/her expiration status located on the Board’s website, provides is shared. a description of the content covered on the exam. The Board will not provide RN 12. If an applicant needs a proctor, will to instructors with a copy of the exam or the Board provide the applicant or Online RRNN BSNB individual questions. employer the contact information of approved proctors? Nursing 8. What is the percentage needed to pass Answer: No, the applicant or employer is programrogramg the exam? accountable to find their own proctor. rankeded top 20 Answer: The Board appointed an exam writing committee comprised of nurses 13. Can a proctor administer the exam in the nation* practicing in settings where medication to a friend, relative, spouse, colleague aides typically work. The committee (e.g. another medication aide), or 2 semester option (Full time) carefully wrote questions, weighted exam a supervisor/manager (e.g. facility content to determine the number of administrator or owner of facility)? questions for each of the 5 exam content Answer: No they may not. It is the 4 semester option (Part time) areas, and determined the minimal proctor’s responsibility to determine if passing score to assure an applicant their relationship with an applicant would 1 course/semester option (Part time) has the minimum level of knowledge to be that of a “friend or colleague”. The administer medications safely. Following reason the Board does not want a person www.usd.edu/nursing the exam applicants are provided the to proctor an applicant that is their friend results of their exam as either “pass” or or colleague is because the proctor may * See toprntobsn.com
DAKOTA NURSE CONNECTION ■ 21 SOUTH DAKOTA BOARD OF NURSING OFFICIAL PUBLICATION Social Media Policies for Employers and Employees: Regulatory and Statutory Considerations Dann W. Brown, JD, RN, CPPS, CPHRM, FASHRM
To prevent negative posts on social media by employees, some organizations have developed social media policies. But creating effective policies designed to control employees’ online activities requires an understanding of the current laws regarding social media and the responsibilities of both employees and employers. This article provides an up-to-date analysis of the relevant regulations and statutes that will guide leaders who are creating or revising their social media policies. Social media are the “forms of electronic communication all e-mail communication is unprotected. To prevent such through which users create online communities to share rulings, Congress enacted the Federal Stored Communications information, ideas, personal messages, and other content” Act (SCA) (18 U.S. Code, 2010, Chapter 121 §§ 2701–2712) to (Merriam-Webster, 2015). These forms of communication have reflect the current reality of electronic communications and become conduits for public discourse about almost any issue, ensure that the technical nature of the operating systems did including grievances related to the workplace. For virtually no not create an automatic erosion of protections. cost, social media allow one or two dedicated people to post The SCA also limits the ability of Internet service providers content that can have a devastating impact. Factual accuracy to turn over communications to nongovernment entities (18 is not a prerequisite. U.S. Code, 2010, Chapter 121 § 2702) and prevents employers Understandably, employers are concerned about from improperly accessing the private accounts of employees preventing negative posts, and some have developed social (18 U.S. Code, 2010, Chapter 121 § 2707). The statute media policies to control employees’ online activity. Certain explicitly provides a private right to action to recover damages elements of these policies define how employees should and reasonable legal fees if a violation occurs (18 U.S. Code, identify their affiliation with the organization, the tone of 2010, Chapter 121 § 2707). language they should use, and limitations on the type of The application of the SCA to social media communications information an employee may share. Often, these policies was addressed in Ehling v. Monmouth-Ocean Hospital (2012; are drafted without an awareness of the relevant statutes Table 1). In this case, the plaintiff had the privacy settings and regulations; however, even a well-intentioned statement for her Facebook page set so only friends could see it. The indicating that all postings should use a civil tone can run plaintiff included several coworkers but none of her managers afoul of a statute. as friends. Without her knowledge, a friend was taking Suppose a staff nurse shows a manager a printout of a screenshots of her posts and sending them to management. social media posting by another nurse. The post reads: “My When she was disciplined for her posts, she filed suit claiming boss is INCOMPETENT! Who assigns a nurse eight patients down that the hospital violated the SCA by improperly accessing her three different hallways???” The printout also shows other Facebook account. employees liked the post. The court found in favor of the hospital because it did not The manager has several questions to consider. Is the have an active role in obtaining the information. However, the facility mentioned by name? Can the employer otherwise court did hold that nonpublic Facebook wall posts are covered be identified? Does the post violate the organization’s social by the SCA. The court stated that because the plaintiff chose media policy? Is the post offensive? Is it insubordinate? Should privacy settings limiting access to her Facebook friends that the organization respond to the post? If so, how and who her wall posts were covered by the SCA. should respond? Should the manager take action against the The following three features of this case are important: nurse? If so, what action is appropriate? Did the nurse violate 1. The SCA can be applied to social media postings. patient privacy? Did the nurse violate the state nurse practice 2. The critical question in determining applicability is act (NPA)? Is the nurse’s speech protected? Can the poster whether the user took steps to limit access to the claim other legal protections? What, if anything, should be information on his or her Facebook walls. done about the employees who liked the post? 3. The hospital did not obtain the information nor cause it These are just a few of the questions that should be to be obtained. considered when an organization is drafting a policy or is made aware of posts by employees. Although policies should The last aspect should be included in the training of address multiple types of postings, this article will focus on every organization leader. Any actions by leaders to access negative postings by employees. information or to cause information to be accessed on their behalf can jeopardize the defense to an SCA claim. Employers Federal Stored Communications Act should also be mindful when using unsolicited information Often, courts determine that sharing communications with because the question of responsibility for obtaining it would a third party relinquishes the expectation of privacy. Because likely rest on the testimony of the employee who provided it. almost all e-mail is transmitted through and stored by an outside company, the design of the system automatically Password Protection Laws turns over all communications to a third party. Thus, a court At the time of this writing, 15 states have enacted some that applied this traditional reasoning would likely rule that form of password protection statute, prohibiting employers
22 ■ DAKOTA NURSE CONNECTION 3 ,OUISE !VE 3UITE s 3IOUX &ALLS 3$ s 0HONE s &AX from requiring their employees or the employee from subsequently stating The patient was being treated for a applicants to provide passwords to that he or she felt pressured to provide sexually transmitted disease when a personal accounts or to “friend” them. it. Without reliable evidence that an nurse employee recognized him as Eleven other states have current employee is damaging the employer’s the boyfriend of her sister-in-law. She proposals, and 14 more had their efforts interests, passwordprotected sites should sent text messages to her sister-in-law, fail or die in committee. Only one state, be left alone. If damaging information is telling her of the patient’s diagnosis and Arkansas, has seen an attempt to repeal posted and the employer asks for access, course of treatment. When the patient or curtail such a statute (Chokshi, 2015). a later claim of coercion by the employee complained to the clinic, the incident was Pietrylo v. Hillstone Restaurant Group may be weakened, though this approach investigated, and the nurse was fired. The (2008) was one of the first cases to is not risk-free. patient then sued the nurse and clinic in address an employer’s use of employees’ When using social media to evaluate federal court. passwords. Two employees created a candidates for employment, organizations On appeal, the court ruled that the password-protected MySpace page that should create an ethical barrier between clinic could not be held liable (Doe v. they used as a forum for grievances those who hire and those who research Guthrie Clinic, 2014b), though one judge against their employer. They invited the social media to prevent protected wrote a dissenting opinion based on the some coworkers to join the page, but information from reaching the decision state law claim: no managers. Management became maker. Often, information, such as The ease with which aware of the site when one of the invited marital status, religion, and race, is confidential patient information employees showed them a posting. found during the evaluation. The ethical can now spread through personal Management twice requested the barrier helps prevent the appearance of digital devices and across social user ID and password from one of the impropriety regarding such information. networks demands a strong employees, and eventually she obliged. Many employers are hiring third parties legal regime to protect a patient’s Management logged into the site a few to conduct these searches to ensure that confidentiality. A cause of times and subsequently fired the two site such information does not accidentally action directly against a medical creators for damaging employee morale make its way to the decision makers. corporation, unhampered by and violating the restaurant’s core values. questions as to whether an The central issue at trial was whether Privacy Laws employee’s conduct occurred the employee was coerced into giving up The issues regarding the Health within the scope of employment, the user ID and password. The employee Insurance Portability and Accountability ensures the fullest protections for testified that she felt pressured to hand Act (HIPAA) are well known, and many patients and best addresses the over the information. The jury found in resources are available for those current realities of medical service favor of the employee, and the decision interested. However, a number of delivery (emphasis added). was upheld. states have privacy laws or common Although this case was not released law precedents that offer additional This opinion is important because for publication, it serves as a warning protections for patients. They may also dissenting opinions sometimes become to employers to tread carefully when provide a private right of action. the basis for the passage of new using social media as an element In Doe v. Guthrie Clinic (2014a), a laws, and this opinion addresses how of a personnel investigation. Even patient attempted to apply HIPAA and information is electronically captured, if an employee provides password state privacy laws against a corporation stored, and transmitted, which mirrors the information, the employer cannot prevent based on the actions of its employee. legislative intent of the SCA. TABLE 1 continued on page 24 Significant Legal Decisions Case Jurisdiction Importance of the Decision American Medical Response of Connecticut NLRB NLRA applies to social media postings. Costco Wholesale Corporation NLRB Precedential case for applicability to social media. Doe v. Guthrie Clinic 2nd Circuit Dissenting opinion: Corporations liable for privacy breach despite employee acting outside scope of employment. Ehling v. Monmouth-Ocean Hospital U.S. District Court NJ Facebook postings are covered by the SCA. Karl Knauz Motors Inc. NLRB Courtesy provisions ran afoul of the NLRA. Martin Luther Memorial Home Inc. NLRB Test for determining NLRA protections. McKesson Corporation NLRB Savings clause is not enough to save an otherwise unlawful policy. Meyers Industries U.S. District Court DC Employee behavior can relinquish NLRA protections. Pier Sixty LLC NLRB Use of profanity does not automatically relinquish NLRA protections. Pietrylo v. Hillstone Restaurant Group U.S. District Court NJ Passwords are protected for employees’ private accounts. Tasker Healthcare Group NLRB Individual gripes are not protected by the NLRA. Triple Play Sports Bar NLRB and 2nd Circuit Use of the “like” button can be considered concerted activity.
Note. NLRB = National Labor Relations Board; NLRA = National Labor Relations Act; SCA = Federal Stored Communications Act
DAKOTA NURSE CONNECTION ■ 23 SOUTH DAKOTA BOARD OF NURSING OFFICIAL PUBLICATION continued from page 23 enforcement of those policies should be Leaders who are drafting social media considered. policies should understand that a The dissenting opinion also policy must be written in a way that stated: “As the majority notes, it is the National Labor Relations Act employees do not reasonably construe medical corporation itself, not merely The National Labor Relations Act a constriction of their rights. The NLRB its employees, which owes the duty of (NLRA) is often used by employees stated in the McKesson Corporation confidentiality to the patient” (emphasis when challenging the actions of their (2011) case and through published added). employers. Congress enacted the NLRA memorandums (NLRB, 2012) that the News stories about domestic to protect the rights of employees use of a savings clause will not save an government surveillance programs (“NSA and employers, encourage collective otherwise unlawful policy. surveillance exposed,” n.d.), the hacking bargaining, and curtail certain private- of major corporations’ customer data sector labor and management practices Unlawfully Overbroad Policies (Bertrand, 2014), and the wholesale that can harm workers, businesses, The applicability of NLRA protections release of sensitive, personal information and the U.S. economy (National Labor to social media posts was addressed in stolen from dating sites appear regularly Relations Board [NLRB], 1935). Any American Medical Response of Connecticut (Weise & Vanden Brook, 2015). The employees may file a complaint with the (2010). In this case, a paramedic posted, result is strong political pressure National Labor Relations Board (NLRB, “I can’t believe they let a 17 be a for legislatures to enact enhanced n.d.). supervisor.” (“17” was the ambulance protections for personal information. Section 7 of the NLRA states code for a mental patient.) When Health care leaders should work with the following regarding the right of the paramedic was brought in for a political advocates to limit liability for employees: discussion, her employer denied her privacy violations to employers. Employees shall have the union representation. The paramedic Posted pictures and videos create right to self-organization, to form, then went online and called the additional privacy concerns because join, or assist labor organizations, employer several unsavory names and background information may reveal to bargain collectively through was fired shortly thereafter. Upon review protected health information. Policies representatives of their own of the circumstances, the NLRB filed a against unapproved photographing and choosing, and to engage in complaint against the company. videotaping on hospital premises and other concerted activities for the The NLRB had addressed social purpose of collective bargaining media before, but it stood by the or other mutual aid or protection, employer’s right to maintain order in EARN YOUR and shall also have the right to the workplace. The importance of this Bachelor's Degree in Nursing refrain from any or all of such case is the change in the NLRB’s position FROM activities except to the extent that that social media postings would have such right may be affected by an the same test applied as inperson AUGUSTANA UNIVERSITY! agreement requiring membership statements. The case was settled before Offering both a Traditional and Accelerated Program option. in a labor organization as a trial, and therefore has no precedential condition of employment as value. authorized in section 8(a)(3) However, the Costco Wholesale [section 158(a)(3) of this title]. Corporation (2010) decision reiterated the stance of the NLRB in American Medical Although the statute uses the Response of Connecticut. The Costco words “bargain collectively through decision also continued the movement representatives,” NLRA protections to invalidate facially neutral policy are afforded to all nonmanagement statements applicable to nonunion employees regardless of union employees. The main reason cited for membership. The NLRB considers a rule invalidating these policies is that an to be unlawful if it explicitly restricts employee could reasonably construe Section 7 activity or if an employee that they restricted his or her Section 7 would reasonably construe the language rights under the NLRA. to prohibit Section 7 activity, the policy Three weeks after the Costco decision, was promulgated in response to union a majority of the NLRB invalidated a activity, or the rule has been applied to courtesy provision in the Karl Knauz restrict Section 7 rights (Martin Luther Motors Inc. (2011) case. The three Memorial Home, Inc., 2004). board members agreed that a posting In the following cases, the provision about an auto accident at another regarding an employee reasonably dealership was unprotected. However, www.augie.edu construing the language to prohibit they disagreed on the lawfulness of Section 7 was the most widely cited. the provision that stated employees
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DAKOTA NURSE CONNECTION ■ 25 SOUTH DAKOTA BOARD OF NURSING OFFICIAL PUBLICATION continued from page 25 convey the message may be grounds no other employees took part in the were expected to be “courteous, polite, for determining that he or she has conversation. The memorandum further and friendly” to customers, vendors, relinquished those protections. Suppose noted that to enjoy the protections of and coworkers and that employees a post used the term “$%!#* MORON” the NLRA, the employee’s activity must should not be “disrespectful, or use rather than “complete MORON.” involve shared concerns about the profanity or any other language which There is precedent stating that the terms and conditions of employment. injures the image or reputation of the use of profanity, threats, or malicious In this case, the statement was seen as Dealership.” The disagreement among or physically aggressive behavior in an individual gripe. This finding sets a board members focused on whether the the delivery of that message can be boundary and somewhat balances the provision could reasonably be construed grounds for an employee to lose NLRA recent movement towards an expanded by an employee to be prohibiting his or protections (Meyers Industries, 1986). reading of protections for employees. her Section 7 rights. A majority of the However, some recent cases have Leaders should periodically review NLRB board held that an employee “reading placed limitations on the application of cases and literature for information on this rule would reasonably assume that the precedent (Pier Sixty, LLC, 2015). In new rulings on social media posts and the Respondent would regard statements the Pier Sixty (2015) case, an employee make relevant findings known to the of protest or criticism as disrespectful or posted the following on Facebook at a management team. injurious to the image or reputation of catering event: the Dealership,” making the provision “Bob is such a NASTY “$%!#*----- Nurse Practice Acts “unlawfully overbroad.” don’t know how to talk to people!!! Nurses often share details These two cases combined with What a LOSER!! Vote YES for the about difficult patients and families, the statement that a savings clause is UNION!!!” (explicatives redacted) involvement in a tough procedure, or the insufficient should serve as a warning to impact that caring for others has on their employers that the burden is on them to The employee challenged his lives. Though discussion of these issues draft policies that are easily understood discharge. In ruling in favor of the among fellow staff members can help by employees. Fortunately, the NLRB will employee, the two majority members improve the workplace, posting them read these policies in context, so that of the NLRB noted that employers and online can result in a report to the state prohibitions that use limiting language coworkers used profanity routinely in the board of nursing (BON). Such a posting would likely survive a review. Examples workplace, making the employee’s use can create a difficult situation for an of this type of language can be found of profanity not unusual. Another factor employer: The nurse’s posting may be a in the Walmart policy, which the NLRB the board said it would consider in the violation of the NPA even though it falls has held out as being “not unlawfully explanation of its ruling is whether any under the protection of the SCA, NLRA, overbroad” (NLRB, 2012). disciplinary actions taken were typical or other statutes. Although a posting of those taken against others in similar may be protected by one statute, that Liking a Post circumstances or were disproportionate protection does not supersede violations Users of some social media platforms to the offense. of other statutes or professional ethics. have the ability to like a posting. In Leaders should not see this ruling Reporting a nurse to the BON is a the Triple Play Sports Bar (2014) case, as a move towards protecting all challenging decision for any leader. an employee who posted negative profane speech. The ruling indicates It places the employer and employee comments about management that corporate culture plays a role in the at odds, risks damaging relationships incorrectly determining the amount of analysis. If an organization allows its beyond the individual employee, and taxes withheld from paychecks was leaders or others to use similar language risks claims of retaliation (Marsh, 2015). fired for “not being loyal enough.” without addressing it, there may be One can easily imagine a scenario in Another employee who liked the grounds for an employee to argue that which two nurses post pictures of a posting was fired for the same reason. his or her use of similar language is patient online: One posts a statement The novel question in this case was acceptable in the workplace. about her wonderful patient, and the determination by the NLRB that the the other discusses how patients are simple act of hitting the “like” button Individual Gripe suffering because of staffing cuts. If only was sufficient to rise to the level of In the Tasker Healthcare Group the latter nurse is reported to the BON, protected concerted activity. This finding (2012) case, an employee posted “Fire a court or jury could determine that was upheld in an unpublished summary Me…MAKE MY DAY!” The post was the nurse was reported because of the order by the U.S. 2nd Circuit Court of in response to the possibility that a negative message rather than a violation Appeals. returning employee would be made a of patient confidentiality. supervisor. The employee was fired for One method of counteracting claims Use of Profanity the post, and subsequently, the NLRB of disparate treatment is adopting an Although content of speech is ruled that the action was not protected. algorithm to help determine which issues protected, the manner, tone, and The advice memorandum of the should be reported to the BON. At a language used by the employee to associate general counsel stressed that minimum, this approach shows an effort
26 ■ DAKOTA NURSE CONNECTION 3 ,OUISE !VE 3UITE s 3IOUX &ALLS 3$ s 0HONE s &AX to report to the BON consistently. Sharing Conclusion members when they believe they have the algorithm with hospital staff members Despite the risks, organizations will no other way to express their grievances during orientation and in-services could use social media. Over 1,500 hospitals in to their employers. A communication further demonstrate evidence of good the United States already have a social strategy that actively seeks input of and faith on the part of leaders. media presence (Mayo Clinic Center for feedback from employees may be the In their role as public protectors, Social Media, n.d.). Organizations should most effective strategy in the prevention BONs have to find evidence of potential train managers to navigate social media of negative postings. harm to a patient. In the case of a social issues just as they train managers to use A well-drafted social media strategy media posting, this harm could be failing other tools. and policy supported by a culture that to protect confidential information, Committees drafting policies should values open communication about alcohol or drug abuse, moral turpitude, use the mentioned resources as well as issues concerning employees cannot be or other unprofessional conduct. A others. Using the Walmart social media overemphasized as an effective approach literature search of these issues reveals policy (NLRB, 2012) as a template should for minimizing the risk of employees that the most common sections of the help drafters avoid some issues that arose posting negative comments. But if an NPA at issue are those dealing with in the cases discussed. Leaders should organization finds itself the subject of patient privacy. A 2010 survey of BONs also look at how often this policy is such postings, a response plan should be found that 33 of 46 respondents have reviewed. Many hospitals review policies in place. If the response is to call a team received complaints about nurses posting on a 3-year rotation. Given the fluidity together to figure out the next steps, the protected health information online. with which the landscape changes, social organization is already behind. Resulting disciplinary action was reported media policies should be reviewed at by 26 of the 33 boards (National Council least annually. References of State Boards of Nursing, 2011). Much has been written about what American Medical Response of Connecticut. (2010). To combat the potential for these motivates people to post information 34-CA-12576. Retrieved from www.google.com/ url?sa=t&rct=j&q=&esrc=s&s ource=web&cd=1& violations, many BONs as well as the about their employers online. Although ved=0CB0QFjAAahUKEwjx7eSX3vTIA hVI_WMK National Council of State Boards of some discussion focuses on attention HYkbCws&url=http%3A%2F%2Fapps.nlrb. Nursing [NCSBN] have published social seeking, a large section of the literature gov%2Flink%2Fdocument.aspx%2F09031d458 media guides that offer general advice focuses on the frustration felt by staff continued on page 28 to nurses about how to use social media in a manner that does not conflict with the NPA and professional ethics (NCSBN, 2011; Nevada State Board of Nursing, Sioux Falls VA Health Care System n.d.). Working with and for America’s Whistleblower Protections Veterans is a privilege and A restaurant employee posted a video we pride ourselves on the on YouTube that may be considered an quality of care we provide. act of whistleblowing (Stuart, 2013). The In return for your commitment video showed meat being stored next to to quality health care for a dumpster. The employee claimed that our nation’s Veterans, the VA the food was being hidden during an offers an incomparable inspection (Stuart, 2013). Then, he posted benefits package. a second video in which he claimed the food would be given to customers after the inspection (Harris, 2013). The Sioux Falls VAHCS is currently recruiting for night and day Questions about whether or not this RN and LPN healthcare positions in the following clinical areas. type of posting would be protected under 8 and 12 hour shifts and intermittent available, depending on location. the law are far from settled, and little case s )NPATIENT MEDSURG s %MERGENCY $EPARTMENT law is available. Various whistleblower mental health) s /UTPATIENT #LINICS laws and antiretaliation provisions are s ,ONG TERM #ARE most applicable when an employee files Applicants can apply online at www.USAJOBS.gov a complaint with his or her employer or reports the suspected illegal or unethical They all come together at the Sioux Falls VA Health Care System. behavior internally. Whether or not a To be a part of our proud tradition, contact: court would apply the same protections Human Resources Mgmt. Service to an online posting in the absence of 2501 W. 22nd Street, Sioux Falls, SD 57105 these actions has not been widely tested. s www.siouxfalls.va.gov
DAKOTA NURSE CONNECTION ■ 27 SOUTH DAKOTA BOARD OF NURSING OFFICIAL PUBLICATION continued from page 27 Costco Wholesale Corporation. (2010). 34-CA-12421. 66644 (N.Y. January 9, 2014). Retrieved from 055b9c4&usg=AFQjCNGek8bSYHl6BDV4oI22w Retrieved from www.google.com/url?sa=t& http://caselaw.findlaw.com/us-2ndcircuit/ PQBR-HaJA&sig2=6l- 9l2BBfYsUC2842JNV-Q rct=j&q=&esrc=s&source=web&cd =1&ved 1655765.html Bertrand, N. (2014, October 20). Here’s what =0CB0QFjAAahUKEwj9qrm73vTIAhUX22 Ehling v. Monmouth-Ocean Hospital. (2012). happened to your target data that was MKHRH aBpc&url=http%3A%2F%2Fapps. No. 2:11-cv-03305 (WJM) (D.N.J. May 30, hacked. Business Insider. Retrieved from www. nlrb. gov%2Flink%2Fdocument. 2012). Retrieved from http://law.justia. com/ businessinsider.com/heres-what-happened-to- aspx%2F09031d458038f1bc&usg= cases/federal/district-courts/new-jersey/ your-target-datathat- was-hacked-2014-10 AFQjCNEfL7vSPylQwD_cQA7x_ njdce/2:2011cv03305/260497/23/ Chokshi, N. (2015). This Arkansas bill would let De6eXtEvQ&sig2=bOoHJ7 18 U.S. Code. (2010). Chapter 121. Retrieved from bosses force employees to friend them on T6ORHJUqKSwMmZIQ www.gpo.gov/ fdsys/pkg/USCODE-2010-title18/ Facebook. The Washington Post. Retrieved from Doe v. Guthrie Clinic. (2014a). Docket No. 12-1045cv html/USCODE-2010-title18- partI-chap121.htm www.washingtonpost.com/blogs/govbeat/ (2nd Cir., January 27, 2014). Retrieved from Harris, J. (2013). Video of food at a Golden Corral wp/2015/03/24/this-arkansas-bill-would-let- http://law.justia.com/cases/federal/ appellate- dumpster goes viral. Los Angeles Times. Retrieved bosses-forceemployees- to-friend-them-on- courts/ca2/12-1045/12-1045-2013-03-25.html from www.latimes.com/food/ dailydish/la-dd- facebook/ Doe v. Guthrie Clinic. (2014b). No. 224, 2014 WL golden-corral-dumpster-food-video-goes-viral- 20130708-story.html Karl Knauz Motors Inc. (2011). 13-CA-46452. Retrieved from www. google.com/url?sa= t&rct=j&q=&esrc=s&source=web&cd=1& ve d=0CB0QFjAAahUKEwjLj5773vTIAhUVK 4gKHZmkB08&u rl=http%3A%2F%2Fapps. nlrb.gov%2Flink%2Fdocument.asp x%2F 09031d4580683b21&usg=AFQjCNEypyE 1IIEHqk8GW rwxb4ewj-zNlg&sig2=o9oq- aH8kSi4OCXxqpKWMw Marsh, J., M.(2015, May 13). Jury awards $2 million to nurse for “defamatory” report to board of nursing. Retrieved from www. minnesotaemploymentlawreport.com/ defamation/jury-awards- 2-million-to-nurse-for- defamatory-report-to-board-of-nursing/ Martin Luther Memorial Home, Inc. (2004). 7-CA-44877 (343 NLRB No. 75 pp. 646– 647). Retrieved from http://webcache. googleusercontent. com/search?q=cache:_6d YhhnRFpcJ:apps.nlrb.gov/ link/document.asp x/09031d4580022ea0+&cd=1&hl=en&ct=cl nk&gl=us Mayo Clinic Center for Social Media. (n.d.). Health care social media list. Retrieved from http:// socialmedia.mayoclinic.org/hcsmlgrid/ MAKE McKesson Corporation. (2011). Number: 06-CA- THE 066504. Retrieved from www.nlrb.gov/case/06- CA-066504 PROMISE. Merriam-Webster. (2015). Social media. Retrieved from www.merriam- webster.com/dictionary/ social%20media Meyers Industries. (1986). 7-CA-17207. Retrieved from www.google. com/url?sa=t&rct=j& q=&esrc=s&source=web&cd=1&ved=0C CUQFjAAahUKEwiUlviC4vTIAhWXVogKH aO3CjM&url=h ttp%3A%2F%2Fapps.nlrb. gov%2Flink%2Fdocument.aspx%2 F09031d458 01b30b6&usg=AFQjCNHLJBM1JOn_HBj8px- X-B wYOIFhHg&sig2=okZznAc85EvVi1a0XlWsmA National Council of State Boards of Nursing. (2011). A nurse’s guide to the use of social media. Retrieved from www.ncsbn.org/NCSBN_ SocialMedia.pdf National Labor Relations Board. (1935). National Labor Relations Act. Retrieved from www.nlrb.gov/ resources/national-labor-relations- act Cancer screenings save lives. This we know. But, it’s time to take it a step National Labor Relations Board. (2012). OM 12-59. MAKE A PROMISE. Retrieved from www.nlrb.gov/reports-guidance/ further. It’s time to do something. Talk to your operations-managementmemos? memo_ patients about lifesaving screenings for colorectal cancercancer.. Because when it’sit number=OM%5C%2012&page=1 caught early, that’s when cancer is mostt treatable. Make the promise fforor National Labor Relations Board. (n.d.). Protected yourself, your loved ones and your patients.ents. concerted activity. Retrieved from www.nlrb.gov/ rights-we-protect/protected-concerted- activity Nevada State Board of Nursing. (n.d.). Social Learn more at getscreenedsd.org getscreened.sd.gov media guidelines. Retrieved from http:// nevadanursingboard.org/practice-and-discipline/ www-ncsbn-org2930-htm/
28 ■ DAKOTA NURSE CONNECTION 3 ,OUISE !VE 3UITE s 3IOUX &ALLS 3$ s 0HONE s &AX
NSA surveillance exposed. (n.d.). CBS News. Retrieved from www.nlrb.gov/case/04- Retrieved from www. cbsnews.com/feature/nsa- CA-094222 surveillance-exposed/ Triple Play Sports Bar. (2014). 34-CA-012915. Pier Sixty, LLC. (2015). 02-CA-068612. Retrieved from Retrieved from www. nlrb.gov/case/34-CA- www.nlrb. gov/case/02-CA-068612 012915?order=ds_activity&sort=asc Pietrylo v. Hillstone Restaurant Group. (2008). Civil Weise, E., & Vanden Brook, T. (2015, August 22). Case No. 06- 5754 (FSH) (D.N.J, July 24, 2008). More Ashley Madison files published. USA Retrieved from www.steptoe. com/assets/ Today. Retrieved from www.usatoday. com/ Impacting attachments/3884.pdf story/tech/2015/08/20/ashley-madison- Stuart, H. (2013, July 9). Golden Corral dumpster databasehack- cheating-vatican/32052195/ Health Care food? Video shows trays of meat stored near trash. Huffington Business. Retrieved from www. Dann W. Brown, JD, RN, CPPS, CPHRM, Nursing at SDSU. huffingtonpost.com/2013/07/08/goldencorral- FASHRM, is a senior health care risk management dumpster_n_3560786.html consultant for Zurich Insurance Services in Addison, Tasker Healthcare Group. (2012). 04-CA-094222. Texas.
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Looking for Relocation You chose nursing to give people a better quality of life. Assistance a career in Isn’t it time to choose quality of life for yourself ? available for some positions health care? We have a nursing Opportunities for Experienced RNs available in Montana!! degree for you! SCL Health offers a myriad of RN opportunities in Montana: Holy Rosary Healthcare (Miles City), St. James Healthcare (Butte) and St. Vincent Healthcare (Billings). Bring your career to a place that provides a lifestyle you and your family can enjoy...without the rush! Become a registered nurse (RN), nurse practitioner, ® RNs may participate in Shared Governance, the Magnet Journey and other quality-focused administrator, educator, programs to augment patient care. In addition, RNs are encouraged to enhance their careers, continue education or obtain national certifications. We offer both career mobility and researcher or a clinical advancement opportunities. With so many settings and locations, your only limit is the nurse leader today. big blue Montana sky. SDSU nursing classes are For details on desired positions, hospital locations of choice, and other questions, please call offered at Brookings, Sioux Falls, Greta Broadhead, Recruiter, at 406-237-3146 or email [email protected]. Aberdeen, Rapid City and online. Please enter this code to apply online: http://adtrk.tw/LcL42 * For a list of positions available for relocation, please contact the recruiter listed above.
Follow us on Twitter @sclhealthjobs College of Nursing Box 2275 South Dakota State University Brookings, SD 57007 Call: (Toll Free) 1-888-216-9806 sclhealth.org/careers Email: [email protected] An Equal Opportunity Employer Web: sdstate.edu/nurs ©2016 Sisters of Charity of Leavenworth Health System. All rights reserved.
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