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failed to fulfill major role obligations at work D. The person has used the substance in a physically hazardous situation Material Protected by Copyright Rationale: The DSM-5 manual indicates that a person may have a problematic pattern of substance misuse leading to significant impairment or distress if two of the following have occurred in a 12- month period. The substance is often taken in larger amounts or over a longer period than was intended. Craving, or a strong desire or urge to use the substance. Recurrent use of the substance resulting in a failure to fulfill major role obligations at work, school, or home. Recurrent use of the substance in situations in which it is physically hazardous. Regulations Each state follows their own initiatives governed by statutes for investigating and disciplining its nurses, or health care providers who are practicing impaired. You should be aware of the regulations where you hold a nursing license (s). The Florida State legislature grants the Florida Board of Nursing the authority to hear and decide cases against nurses who have been accused of violating their state practice act. Laws related to the various grounds for disciplinary action include: Chapter 464, Florida Statutes (Florida Nurse Practice Act) designates: • Disciplinary actions against a licensed nurse • Grounds for denial of a license Chapter 456, Florida Statutes (applies to all licensed health professionals) Chapter 64B9, Florida Administrative Code (Rules adopted by the Board of Nursing). The Florida Nurse Practice Act, 464.018 Specifically related to impairment of nurses, the following list delineates actions that may cause the denial or loss of licensure or disciplinary action: • Sale, distribution or possession of a controlled substance • Not being able to perform nursing duties with reasonable skill and safety due to illness or use of alcohol, drugs, narcotics or chemicals or any other type of material, or because of any mental or physical condition. Probable cause must exist to believe that the nurse is not able to practice nursing due to the impairment. The suspected impaired nurse must submit to a mental or physical examination by a physician, this can be enforced by the circuit court after a petition is filed. The accused nurse is given an opportunity to show he/she can resume competent nursing practice at reasonable intervals. • The board should not reinstate the license of a nurse who has been found guilty on three different instances for violations related to using drugs or narcotics when the offense included drug or narcotic diversion from the patient to the nurse or any other health care provider. • Failure to report the impaired nurse Mandatory Reporting According to Florida’s Mandatory Reporting Law FS 464.018; failing to report any person is in violation of the statutes relating to impairment on the job, may result in a disciplinary action to the person(s) knowing about the violation, regardless of whether the impaired person is an active participant in a board-approved program for the treatment of a physical or mental condition. The State of Florida sanctions two methods for reporting an impaired colleague. You can report the colleague to: • The Intervention Project for Nurses (IPN) Material Protected by Copyright • Department of Health (DOH), the administrative investigative body of the Florida Board of Nursing. • Other healthcare providers can be reported to 1-800-888-8PRN (8776) www.flprn.org Test Your Knowledge You are working and a colleague asks, “do you know what I should do, I am sure Billy is under the influence of something, he is making mistakes he never made before?” “I don’t want to get him in trouble if I am wrong.” Your best advice to your colleague is: A. It is up to the unit manager to deal with Billy B. You need to report Billy, you could be putting your license at risk if you don’t C. Call the compliance line and anonymously report him, he’ll never know who did it D. He is in a treatment program, so he does not need to be reported Rationale: According to Florida’s Mandatory Reporting Law FS 464.018; failing to report any person is in violation of the statutes relating to impairment on the job, may result in a disciplinary action to the person(s) knowing about the violation, regardless of
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