Habitual Intoxication: Nurse's License Placed On Probation
Legal Eagle Eye Newsletter for the Nursing Profession
August 1995
Quick Summary: As a health care provider, a nurses problem with alcohol poses a serious concern for public health and safety. The Board of Nursing has the responsibility of protecting the public when it regulates professional nursing services. Since the licensing board is made up of members of the same profession, the court ruled it should not second-guess the boards judgment of a nurses fitness to practice in the profession.
The Iowa Board of Nursing filed charges against a registered nurse with several years experience in the nursing profession, accusing her of habitual alcohol intoxication in violation of state law. The nurse countered with a lawsuit against the Board accusing it of taking action to deprive her of her constitutional rights.
The conditions of the probation imposed by the Board were that she receive inpatient alcohol-abuse treatment, participate in an aftercare treatment program, attend Alcoholics Anonymous, submit to random blood and/or urine testing and undergo a medical and psychiatric examination at her own expense within three months of the date of the end of her probationary period.
The case wound its way through administrative proceedings and court hearings, until it was before the Iowa Supreme Court. That court ruled that, "A professional licensing boards authority to impose sanctions against those it licenses is extremely broad. The purpose of statutory licensing schemes is to protect the public health, safety and welfare."
The nurse contended the Board of Nursing had abused its discretion in that there was not sufficient evidence she had a drinking problem to justify requiring her to receive treatment. However, the court was satisfied from the record there was "substantial evidence" to support the Boards actions. Burns vs. Board of Nursing of the State of Iowa, 528 N.W. 2d 602 (Iowa, 1995).