Nurses: Facing Disciplinary Action

What happens when the Nursing Medal must intervene from a disciplinary standpoint toward a nurse whose practices are questioned? Brief overview of the well-defined process.

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Disciplinary action? This sometimes happens in the nursing community.

So when that ax falls on the head of the caregiver, the action takes a very specific turn. ” The district council order has been liftedPatrick Chamberdon, head of the ONI office, explains. The complaint may come from a colleague [dans 95 % des cas, ndla]who is sick [dans 4 % des cas, ndla]but also of the same, which, as a guarantor of professional ethics, would initiate a proceeding or even an ARS, which would like to file a complaint against a nurse who may engage in dangerous practices “.

The reasons are manifold: concern among colleagues regarding recycled fees such as segregation of the patient base, but also practices that are inconsistent with the data gained from science.

He recalls the missions of the monastic order: Distributing care, reminding of rights and duties, showing kindness and strict respect for the law in accordance with the Public Health Law “.

The complaint is referred to the Bar Council, which transmits it to the target practitioner.

Attorney Jack Henry O’Shea, who intervenes in disciplinary matters, explains: As an attorney for caregivers, I begin to prepare the ground, by discussing and supporting as many items as possible. This allows the thought process to begin with the complainant ‘, he explains.

After that, the first step is matchmaking, which is mandatory.

” This move is an important moment, assures attorney Jacques-Henri O’Shea. It is the possibility of influencing the final decision. From time to time it is just a misunderstanding, such as when a patient goes to a board of command because there is a misunderstanding or a blockage. Matchmaking is a networking opportunity where the nurse in question will be understood by other nurses “.

He takes for example the discontinuation of care in the event of a disagreement between the nurse and the patient which would give birth. Sudden rupture that can harden the patient. In this case, one could imagine that the nurse came back to treat him while she was waiting to find another nurse. »

A position shared by Patrick Chamberdon. ” Often when people complain, it is a problem of communication between professionals, or a misunderstanding regarding contracts for refunding fees or dismissal of patients. ‘, he adds.

Patrick Chamberdon brings a global view into this ordinal justice: It is very interesting because it blends law and professional experience, we blend the two skills, law and practice. “, Identifies.

On the part of the nurses concerned, It’s a complicated moment. If there is a complaint, something is wrong. This calls into question their integrity, honesty and human qualities ‘ says Jacques-Henri O’Shea. Painful interrogation recommends that escort not be neglected.

Patrick Chamberdon agrees: “ In the image of the system: the force of coercion, the regulator, the entry, the accompaniment, but also the exit and exclusion. This aspect of the power of supervision and regulation is poorly experienced “.

” The idea is to try to find an amicable solution to avoid going to disciplinary action. When an agreement is reached, a conciliation report is prepared, and then the procedure ends ‘ says the lawyer.

But sometimes this reconciliation is “partial” or not at all.

In this case, the disciplinary action, lasts longer (up to a year and a half versus a few weeks to conciliate), is more energy-intensive and more expensive for the nurse involved.

The highlight will be the hearing at the Regional Council of the Nursing Union, in front of the Disciplinary Chamber convened by the President of the Administrative Court. ” First, the assessment nurse prepares a report, then the explanations given by the complainant are heard, and then the offending nurse. ‘ says the lawyer.

The decision is issued within two weeks or within a month of the hearing.

Within an hour and a half the future of the accused caregiver is at stake: Either the complaint is dismissed, ” If it’s totally silly “Otherwise, the dangers are manifold in the transition from warning to reprimand, or more serious than the prohibition on partial or final practice and, if necessary, radiation.

It is clear that an appeal is possible before the National Disciplinary Chamber “Very hesitant Jacques Henry O’Shea confirms.

In this case, the lawyer paraphrases the case, ” New angle of attack And at other times appease Thanks over time.

” On appeal, the disciplinary chamber is chaired by a member of the State Council, evaluators often have more experience, and their analysis is often more accurate and fair “, he thinks.

The last step in case of disagreement: appeal to the State Council.

” The process takes place independently of disciplinary, hospital, civil and criminal procedures Says Patrick Chamboridon, who concludes on a positive note. Our system is small but we are pleased that some of the complaints are coming from patients. This means that the nurses are doing their jobs well, and they are mindful. This indicates their quality and professional conscience. “.