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The information for this section is excerpted from Addictions
and Psychological Dysfunctions in Nursing, published and copyright
1984 by the American Nurses's Association.
A lack of awareness and security about professional rights is a
significant issue for nurses whose practice is impaired. In relation
to this problem, nurses' rights can be articulated as follows:
- Recognition as an individual with a disease
- Referral to comprehensive treatment programs
- Confidentiality and protection from slander and stigmatic behavior
- Appraisal of legal rights regarding self-incriminating testimony
- Benefits and health provisions accorded those with other diseases
- Modifications in the work setting that allow the nurse to utilize
professional skills and education during recovery from illness
- Modifications of factors in the work place that would increase
the risk of illness
The implications of the concept of rights are rarely drawn by nurses
themselves, by nursing administrators, by nursing faculty, or by
nurse employers. Nurses tend to view themselves as helpers, not
as recipients of help, and often deny vulnerability to diseases,
including chemical dependency and psycholigical problems. These
problems are often socially regarded as self-induced and a weakness
of character, unlike other types of illness or accidents. Insurance
provided by professional organizations and independent companies
may not provide benefits for treatment. Sick leave with retention
of one's position is rarely offered. While employee assitance programs
exist, they my lack staff knowlegeable aobut counseling and referral
for diseases of chemical dependency. The absence of these supports
means that the nurse and other health professionals and employees
do not enjoy the same rights regarding recognition and treatment
of disease.
The right to work, in circumstances where violations of the nurse
practice act have occurred, will of necessity be abridged with suspension
or revocation of license. Legal proscriptions as well as the nurse's
health considerations must be fully explored, so that decisions
made will be truly beneficial to both nurse and consumer. Structures
within the institution which foster recovery can also be utilized
to modify conditions considered highly stressful. Within the framework
of the employee assistance program or other agreement, a contract
for monitoring adherence to a treatment program may be made a condition
of employement. Referral to a peer support group should also be
considered.
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