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Texas Nurses Under the Microscope Over Lax Background Checks Save Email Print
Posted: 6:46 PM May 12, 2008
Last Updated: 9:07 PM May 12, 2008
Reporter: KBTX Staff
Email Address: news@kbtx.com

A | A | A

Few times in history has nursing become such a lucrative career.

"A good nursing supervisor, a manager, can make more than $100,000 a year in some cases, said Devon Herrick, Senior Fellow, National Center for Policy Analysis.

Salaries spiked because of a shortage in the industry. But among the hardworking dedicated nurses are some with questionable backgrounds.

We compared names and dates of births of every currently licensed nurse against the Texas Department of Public Safety criminal database.

The result revealed that thousands of Texas nurses have arrest records. In fact, one in 20 of them have records.

More than half of those work in hospitals and nursing homes. Some have charges as serious as arson, attempted murder and deadly conduct.

But what seemed even more remarkable was that the Texas Board of Nursing didn't know about many of the arrests since its own background checks won't be complete until 2012, according to the Board's Director of Enforcement Tony Diggs.

So how can we find this data in a matter of hours and it takes the state years to find these?

"Well, I don't know the system you're using, but let me emphasize our check is a national check," Diggs said when asked how the data News 8 found in hours wasn't discovered yet by the board. "It's not a local check. It's not a state check. It's a national check."

It is also a fingerprint check. Until recently though, it was up to nurses to themselves to disclose their pasts.

"I guess what surprises me is that you were able to find it so easily because the technology is out there," Herrick said.

The state did not look at criminal backgrounds of nurses until 2004 when the legislature ordered it. While all new applicants and transfers from other states get checked immediately, the 283,000 currently licensed nurses are taking a while to process.

The Board of Nursing said it is only checking a fraction of those renewing every month. The Board wanted to do them all at once in 2005, but legislators said spending $5 million at that time for the background checks would be too expensive.

The Governor's Mansion is receiving twice that amount, $10 million, right now in updates.

"The funding of the Governor's Mansion doesn't come out of the same budget we use to fund different agencies in the State of Texas," said State Representative Fred Brown, (R) Bryan.

Still, it's taxpayer dollars.

Rep. Brown said the Board of Nursing finally got all the money it needed last year when the state had a surplus, leaving him curious why background checks are taking so long.

"We gave them the authority to do as many as they could and they would have the money appropriated for it," he said.

The Board acknowledges it got authority to conduct thousands of outstanding background checks, but the executive director said it didn't receive enough extra staff to process and investigate them all.

Since December, Diggs' investigators discovered that more than 460 currently licensed nurses have records.

Depending on the charge, nurses are sanctioned, have their license suspended or revoked.

Some of the worst things we found [were] inappropriate sexual contact with a minor, Diggs said.

One Garland nurse pled guilty to indecency with a 12-year-old girl in 1992. He completed probation and kept his nursing license, although it does stipulate he is not allowed to work with patients under eighteen.

"I believe so, yes," Diggs said when asked if Texas patients are safe.

Texas' largest hospitals said they do not hire anyone with a criminal record that would be job-related.

But several hospitals admit that each nurse's background is considered on a case-by-case basis.

Herrick said that's because there's a shortage of them, perhaps now exacerbated, as backgrounds of Texas nurses are slowly uncovered

KBTX-TV wanted to find out the background of nurses in this area.

A check of currently licensed Registered Nurses in Bryan and College Station shows charges like thefts, DWI, marijuana possession, criminal trespassing and driving while license suspended.

News Three called The College Station Medical Center and Saint Joseph Regional Health Center about their nurses -- both say they hire an outside company to do full criminal history checks before the nurses are hired.

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Posted by: gloria Location: texas on Jul 28, 2008 at 02:06 PM
First, State Board of nursing is suppose to protect the Patients, how is focusing on arrest going to ensure that. it is illegal to ask about an arrest record unless there was a convitction

Posted by: bcsnurse Location: bryan on May 15, 2008 at 01:07 PM
As a nurse i am disturbed by both sides of this story. while i do belive that nurses should have a background check i agree that there is a HUGE degree of unfairness! the check should not be an arrest record as much as a convicted record. Besides the fact that i have recently seen some really good nurses who have worked for one facility for years lose their jobs because the company decided to look at their RECORD as a whole instead of their work history and ethics,that they have already proven!! and as a nurse how much sense does it make to check the background of the nurse who is giving the shot and not the doctor who is ordering the medication thats in it?? or worse the doctor who is cutting our chest open to perform heart surgery!! I personally know a cardiologist (heart surgeon) who was addicted to cocaine so how is crucifying nurses going to solve anything??

Posted by: 2006 grad Location: Bryan on May 14, 2008 at 05:12 PM
Before I was able to be an RN, I had to submit (and pay for) fingerprints for an FBI background check. The nursing program also required a drug screen before being able to attend. What else is there?? While I agree that people that take care of others should undergo drug/criminal checks, this was a very vague and poorly reported story. News reporters should undergo an IQ check.

Posted by: Becky Location: Bryan on May 14, 2008 at 09:58 AM
As a nurse with 21 years experience I do think it is important to do the background checks. They are being done with new graduates and the BONE is backtracking on those of us like me who graduated before it was required. I for one was not afraid of what they would find on my record but I am sure there are others who will be.

Posted by: Katrina C Location: Wellborn on May 14, 2008 at 09:47 AM
Ok, well everyone makes mistakes. Depending on what the arrest was for and such, then yes, but I'm sure that you'd be surprised how many of your doctors have been arrested for DUI and other offenses as well if you look at it. Your lawyers, teachers even, I'm sure. To pick on ONE profession is completely unfair in my opinion. Honestly, as long as they have their degree and aren't stoned or drunk/hung over, etc., while giving me my shot, IV, whatever, I don't care.

Posted by: SAND Location: College Station on May 13, 2008 at 06:50 PM
First of all, nurses are human. We all make mistakes so why just focus on this profession. There are plenty of other professional people that have made mistakes in there lives. So what's the point on focusing on one profession?

Posted by: Cari Location: CS on May 13, 2008 at 06:10 PM
This explains why so many nurses I work with are DUMB

Posted by: LKE on May 13, 2008 at 04:08 PM
Depending on the charge everyone makes mistakes.

Posted by: Czech Location: Czechsville on May 13, 2008 at 04:02 PM
OK, she looks good. Next.

Posted by: JOHN Location: COLLEGE STATION on May 13, 2008 at 12:52 PM
From a unbiased journalistic standpoint I find this report disturbing as news reporting. First to do a complete background check with the DPS data base you need a name and DL# and or SS#. This is usually considered confidental unless authorized by that party to release or you are in the law enforcement community. Second there is such a thing as inocent until proven guilty. The story did not dilineate between arrest and conviction, a matter of fact it focused on "arrest". People can and are arrested all the time and charges dropped for numerous reason including a bad arrest. To have this removed from the record by "Expunction" the person has to hire an attorney and go through the expensive judical process. Many people can not afford this or just don't wish to put up with the hassel. This is in general why employers look at and ask about "Felony Convictions" only.

Posted by: Justme Location: Anywhere on May 13, 2008 at 10:57 AM
Can you imagine being given a injection by a nurse with a criminal background? Shivers go up the spine! There have been instances in the past as we all know where nurses have intentionally killed a patient with injections

Posted by: Anonymous on May 13, 2008 at 09:46 AM
Of coourse the background checks should be fuully reviewed! They should've been checked more thouroughly in the first place, being that they are the ones we depend on to help treat our wounds when in need!

Posted by: Donna Location: Hearne on May 13, 2008 at 08:26 AM
Yes I think the backgrounds should be checked BUT here's my story.....years ago my exhusband broke into my house and attempted to manhandle and choke my 17 year old for defending me. My son was on the ground with this man on top of him, his face turning blue. I had a lunch box in my hand and was hitting my ex on the back trying to make him release my son. He looked up, I hit and broke his nose, he went to the police station and pressed charges on me for assault with injury. The case was dropped and I was not charged but the ball was dropped in court and it went on my record. I found out when I tried to chaperone a field trip for my daughter. So, check backgrounds YES but be SURE of the reason behind it all.

Posted by: James Location: Austin on May 13, 2008 at 08:22 AM
I have a friend who is an instructor at a nursing program here...she told me in each class, roughly 20% of the students are enrolled as a condition of parole/probation. Scary, huh?

Posted by: Randall Location: Bryan on May 12, 2008 at 08:34 PM
Fred Brown seems awful concerned for someone who tried to decrease the investigatory and regulatory power of the Texas Medical Board earlier this year. Of course, he may not have any business partners in trouble with the Texas Nursing Board like he does with the Texas Medical Board. If you want to read a really good article, enter "fred brown" into search at the Dallas Morning News website.

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