By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law
The Impaired Practitioner Program for Nurses, formerly known as the Intervention Project for Nurses or “IPN,” was established via legislative action in 1984 to assist, treat and monitor impaired nursing professionals. This impairment may be the result of drug abuse, alcohol abuse, mental impairment or physical illness.
Allegations of Nurse Impairment Reported to IPN.
The IPN is currently authorized by the Florida Legislature as set forth in Section 456.076, Florida Statutes. IPN becomes involved with a nurse when an allegation of impairment is made regarding a nurse. An allegation may be made by anyone: an employer, a hospital, another medical professional, law enforcement authorities, or the nurse may even report himself/herself. Allegations of impairment may come from investigators for the Agency for Health Care Administration, treatment providers, employee assistance programs, and schools of nursing.
Consult With an Experienced Health Attorney Before Self-Reporting to IPN.
Under Section 464.018(j), Florida Statutes, a nurse may be disciplined if he or she is unable to safely practice nursing due to use of drugs, narcotics, alcohol or other substances. Often the nurse may agree to voluntarily participate in IPN as an alternative means to address allegations of impairment instead of having to face disciplinary action against his or her license. However, IPN can also be ordered by the Board of Nursing, Department of Health as part of the disciplinary process to require the nurse to attempt rehabilitation with the threat of loss of license or other punishment if the nurse fails to do so.
It is very important to consult with a health care attorney familiar and experienced with IPN and Board of Nursing actions prior to making any decisions regarding self-reporting to IPN, evaluation by IPN, or agreeing to an IPN contract. You should fully understand the implication of the IPN’s requirements and what you may be agreeing to before undertaking any communications with or regarding IPN.
It is crucial that the nurse obtain qualified legal representation and advice (and many nursing malpractice insurance companies will pay for your defense in such cases), immediately, before speaking to anyone about the matter, before giving a urinalysis sample, before reporting yourself to the Intervention Project for Nurses (IPN) and before going for an evaluation by a psychiatrist or a certified addictions professional (CAP).
For the Truly Impaired Nurse, IPN Has Advantages.
IPN does have some advantages for the truly impaired nurse. It provides an avenue of monitoring, rehabilitation, monitoring and treatment for a truly impaired nurse. It is an invaluable tool to assist a nurse with a real problem to retain her ability to practice. Some nurses should not be practicing except through IPN.
Disadvantages of IPN Include Loss of Job, Long Term Inpatient Rehab, Work Limitations, Expensive Treatment.
However, IPN also has some serious disadvantages and may, among other things, cause the nurse to lose his or her job, require the nurse to enter into long term inpatient rehabilitation, cause the nurse to undertake extremely expensive treatment, counseling and therapy, and impose very onerous burdens of time and money on the nurse, as well as work limitations.
IPN is NOT the Easy Way Out.
In many cases, the nurse who is the victim of a termination action by an employer or a complaint against his or her nursing license involving allegations of drug abuse, alcohol abuse, or impairment may view IPN as an easy way to avoid discipline. This is a complete fallacy. Such an apparent easy way out should be avoided at all costs.
If the nurse is not truly an impaired provider or addicted to drugs or alcohol, there may be other alternatives that do not involve discipline. IPN is not “easy” and this is not an easy way out.
We are consulted by just as many nurses who want to get out of the IPN Program after they agreed to enter it without proper legal advice. Even though at the time it seemed like a good idea, or the nurse incorrectly thought she had no choice in the matter, it turns out to be a big mistake for that person.
In Most Cases, a Nurse Cannot Leave IPN After Agreeing to It Without Losing License.
In most cases, it is not possible to leave the IPN Program after agreeing to it without giving up your nursing license. And this can have some extremely adverse consequences for a nurse, including a report to the National Practitioner Data Bank (NPDB), exclusion from the Medicare and Medicaid Programs and debarment from all federal government contracting.
Contact an Experienced Health Law Attorney Before You Self-Report or Sign a Contract with IPN.
It is extremely important that before you “self-report” to IPN you contact an experienced health care attorney who has experience in dealing with IPN. It is extremely important that before you agree to go to the initial evaluation by an IPN recommended physician (usually one specializing in addictionology) (as IPN always requires), contact us for legal advice. We are familiar with many of the physicians that are used by IPN for these evaluations. Some are better than others and some are to be avoided at all costs.
Before you give any blood, urine, hair samples or other drug or alcohol testing, you should contact us for advice. We have access to the same or similar testing labs as IPN. We can arrange to have you tested first so that you will know whether or not you should have any concerns. For example, did you know that the use of certain prohibited drugs (including cocaine) will leave a residue in your hair which can be detected for months or longer after use? Are you aware that there are now tests being used which can tell if you have had one regular size alcoholic beverage within the past thirty (30) days? There are even tests being used now to test health care professionals for the illicit use of anesthetic gases such as Aldan.
The bottom line is: If you are accused of stealing drugs, of sexual boundary issues or sexual misconduct, or of being impaired, immediately contact an attorney experienced with IPN and Board of Nursing matters before doing anything else.
The Health Law Firm Represents Nurses in Matters Involving IPN.
The Health Law Firm’s attorneys routinely represent nurses in matters involving IPN. Its attorneys also represent nurses in Department of Health investigations, before the Board of Nursing, in appearances before the Board of Nursing in licensing matters, and in administrative hearings.
To contact The Health Law Firm please call (407) 331-6620 or toll-free at (888) 331-6620 and visit our website at www.TheHealthLawFirm.com.
About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida, area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 Toll-free: (888) 331-6620.
