HCM-3046 South University, Savannah – Nurse Shuffle worked as a registered nurse in a state-run organization for fifteen years. In 1970, the state made a decision to close and

Nurse Shuffle worked as a registered nurse in a state-run organization for fifteen years. In 1970, the state made a decision to close and transition all state-run hospitals to the private sector. The state required a number of nurses to remain employed with the new facility for a period of eight years. Nurse Shuffle was one of the state employees to continue employment under the new ownership. The facility Nurse Shuffle worked at was transitioned to a long-term acute care facility (LTAC). Nurse Shuffle remained as a staff nurse in the LTAC, which was a small facility with thirty-five inpatient beds.

In the years that followed, Nurse Shuffle became depressed over matters in her personal life. Given the mounting life pressures, she contrived ways to obtain controlled prescription medication from the medication drawers of patients. This practice became more urgent for Nurse Shuffle, who contrived more blatant, desperate measures to obtain controlled prescription medication. Eventually, she was caught, and she also confessed to having an addiction problem. Since Nurse Shuffle was a state employee, the administration decided to not terminate her but offered her an option of treatment at an addiction center. The facility would satisfy the due process protection afforded to government employees.

In the next ninety days, the LTAC facility closed down. Nurse Shuffle was released from rehabilitation treatment services but was without employment. She decided a change was needed and sought employment with a healthcare professional agency that provided nurses with healthcare facilities throughout the country. Nurse Shuffle accepted a one-year temporary position at a large teaching hospital as a nurse working the night shift in a surgical stepdown unit. Unfortunately, the strain of acclimating to a new setting and the night shift was too much to cope with, and she found opportunities to remove controlled prescription medication from the facility for personal use. Again, the behavior was discovered, Nurse Shuffle was prosecuted, and, as a consequence, her license was revoked.

An investigation revealed that there was no information on the file for the previous controlled prescription medication offense at the LTAC. Since the LTAC facility was in its waning days, some top human resource personnel left for other opportunities and the department was understaffed. The remaining personnel were lower-level clerks, who were unaware of the policy or procedure, and hence, no information was reported to the state for licensure purposes. The LTAC believed that Nurse Shuffle was entitled to due process since she was a government employee, and hence it her offered addiction treatment to resolve the matter. The employment agency conducted the standard state nursing license verification, and Nurse Shuffle failed to offer any information regarding the substance theft matter. The teaching facility where Nurse Shuffle accepted the assignment relied on the agency’s verification process because Nurse Shuffle was not considered the facility’s employee.

• Interpret and explain the basis of due process protection and why it might or might not apply to Nurse Shuffle’s situation. Express your opinion regarding whether Nurse Shuffle should have been terminated or afforded the option of an addiction treatment program.
• Explain the applicability of the FMLA to Nurse Shuffle’s situation.
• Discuss the responsibility of the teaching hospital’s requirement to verify the licensure and professional credentials of Nurse Shuffle. Compare the verification burden for an agency employee versus a regular employee.

ANSWER

Due Process Protection and Employment Decisions: The Case of Nurse Shuffle

Introduction

Nurse Shuffle’s case presents a complex scenario involving multiple transitions, addiction issues, and legal implications. This essay will analyze the basis of due process protection and its applicability to Nurse Shuffle’s situation. Furthermore, it will express an opinion on whether Nurse Shuffle should have been terminated or offered an addiction treatment program (Monroe et al., 2011). Additionally, the essay will discuss the applicability of the Family and Medical Leave Act (FMLA) and delve into the responsibility of the teaching hospital in verifying Nurse Shuffle’s licensure and professional credentials, comparing the verification burden for an agency employee versus a regular employee.

Due Process Protection and Nurse Shuffle’s Situation: 

Due process protection is a constitutional right that ensures fairness and procedural safeguards for individuals facing potential adverse employment actions. In Nurse Shuffle’s case, due process protection may apply since she was a government employee during the time of the first offense at the state-run organization. The LTAC facility provided her with the option of addiction treatment to satisfy the due process requirements and offer her an opportunity to rehabilitate herself. As a government employee, Nurse Shuffle could potentially argue that termination without providing an opportunity for treatment would violate her due process rights. However, the lack of reporting the offense to the state due to administrative oversight weakens the argument for due process protection in this particular case.

Opinion: Nurse Shuffle should have been afforded the option of an addiction treatment program considering her employment history and the offer made by the LTAC facility. By providing rehabilitation services, the facility recognized the need for addressing her addiction problem while respecting her due process rights as a government employee. This approach offers Nurse Shuffle an opportunity to recover and reintegrate into the nursing profession, benefiting both her and potential future patients.

Applicability of the FMLA

The Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid leave for specific medical and family-related reasons. In Nurse Shuffle’s case, the FMLA may not be directly applicable (Family and Medical Leave (FMLA), n.d.). The FMLA generally provides leave for employees to attend to their own or their family members’ serious health conditions or certain qualifying exigencies. While Nurse Shuffle struggled with personal issues and addiction, the FMLA does not explicitly cover addiction as a qualifying condition unless it results in an underlying serious health condition.

Responsibility of the Teaching Hospital in Verifying Licensure and Credentials

The teaching hospital was responsible for verifying Nurse Shuffle’s licensure and professional credentials before accepting her assignment. This verification process is crucial to ensure patient safety and uphold the quality of healthcare services (Patel, 2022). The hospital’s reliance on the agency’s verification process is reasonable since Nurse Shuffle was not considered an employee of the facility.

However, the verification burden for an agency employee might differ from that of a regular employee. The agency, acting as an intermediary between healthcare professionals and facilities, has the responsibility to thoroughly verify and validate the credentials of their employees. While the teaching hospital relied on the agency’s verification, it should also have implemented an additional layer of due diligence by conducting its own independent verification. This would mitigate any potential risks associated with inaccuracies or omissions in the agency’s verification process.

Conclusion

In Nurse Shuffle’s case, due process protection could be argued based on her status as a government employee during the first offense. Offering her an addiction treatment program demonstrates a balanced approach that respects her rights while addressing her addiction problem. The FMLA may not be directly applicable to Nurse Shuffle’s situation. The teaching hospital’s responsibility to verify licensure and professional credentials should include an independent verification process, even when relying on an agency. By ensuring proper verification, healthcare facilities can maintain the highest standards of patient care and safety.

References

Family and Medical Leave (FMLA). (n.d.). DOL. https://www.dol.gov/general/topic/benefits-leave/fmla 

Monroe, T. B., Vandoren, M., Smith, L. B., Cole, J., & Kenaga, H. (2011). Nurses Recovering From Substance Use Disorders. Journal of Nursing Administration, 41(10), 415–421. https://doi.org/10.1097/nna.0b013e31822edd5f 

Patel, R. (2022, October 24). Credentialing. StatPearls – NCBI Bookshelf. https://www.ncbi.nlm.nih.gov/books/NBK519504/