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April 2016 Archives

Nursing and chemical addiction: work with licensure defense counsel to protect your career

In our last post, we began discussing the Professional Assistance Procedure, a program aimed at helping nurses deal with addiction problems. On a website promoting the program, it is said that PAP does not provide treatment, but rather monitors the progress of participants with approved treatment providers. PAP is supposed to be confidential and apparently allows chemically dependent professionals to obtain treatment without losing their professional credentials.

Are ties to disciplinary process making Wisconsin nursing addiction recovery program less effective?

Health care professionals are not immune from drug addiction. In some ways, they may be even more prone to it than the average person due to easy access. Fortunately, there is help available and nurses who are committed to their own recovery can find a way to get back on track.

Looking at the protections offered by MN tenure law, P.1

Last time, we began looking at a lawsuit recently filed against the state of Minnesota challenging the legality of tenure law. The claim, we noted, is that tenure prevents school districts from providing the quality of education guaranteed under the constitution.

Teacher tenure law at issue in lawsuit filed by disgruntled mothers

For most people in the working world, at will employment is the general rule in nearly every state, including Minnesota. There are important statutory exceptions to this rule, of course, and the rule can be modified by contract. For those who work in education, tenure is one such exception.

Standard, burden of proof in physician discipline proceedings, P.2

We’ve been looking in recent posts at the issue of standard of proof and burden of proof in physician disciplinary proceedings. As we noted last time, the appropriate standard and burden of proof in physician disciplinary cases is dictated by administrative rules of the Office of Administrative Hearings.

Standard, burden of proof in physician discipline proceedings, P.1

In our last post, we mentioned a recent study which found that Minnesota was among a group of states with the most lenient medical boards in the country, and that this isn’t the first time this accusation has been made. As we noted, there are a variety of factors that go into physician discipline rates, and it isn’t necessarily the case that lack of disciplinary will is the primary factor in a low discipline rate.                         

Study pegs Minnesota Board of Medical Practice as lenient

We have previously written on this blog about the authority and duty of state medical boards in matters of licensing and discipline of physicians. State medical boards are relatively autonomous in what they do, and each state board utilizes different procedures and standards in licensing and discipline. It isn’t surprising, then, that some states are considered to be more lenient while other are considered stricter.

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