What policies, statues, ethics does a RN commit when becoming involved with a patient/inmate in AK?

Question

A RN worked for AK DOC in 2005 and became involved with my brother who was an inmate. He was a "patient" and under care and custody of DOC. My brother served almost 20 years in prison. He was to be released in a couple of months. He committed suicide in late May '06 due to relationship problems with the ex-DOC nurse/"girlfriend."

I filed a complaint with the AK Department of Commerce Community and Economic Development/board of nursing, and I was notified today that they would not pursue the complaint due to "The statues and regulations that govern the practice of nursing in the State of Alaska do not prohibit a licensed nurse from becoming personally involved with a patient or inmate."

Nothing will bring my brother back. I know she violated some guidelines, what are they specifically? I live in AZ, but this took place in Alaska.

She abused her power/authority as an employee. My brother was in no emotional and mental state to get involved with a person of authory. Thanks.

Answer 1

I would file a complaint with the Department of Corrections, which has several policies limiting such activity. The code of ethics states, "I will not engage in undue familiarity with inmates, probationers, or parolees." It must be signed by all employees. Further, the department "Standards of Conduct" state:

3. Except as set out in 4. below, employees may not knowingly maintain social, sexual,
business or financial associations with offenders or a member of the offender’s
immediate family. This includes, but is not limited to, telephone calls, letters, notes, or
other communications outside the normal scope of employment. Also:
a. Employees shall not engage in any contact with an offender that is of an intimate
or sexual nature.
b. Employees shall not directly or indirectly give to, or accept from, any offender or
member of the offender’s family anything in the nature of a gift or promise of a gift.
c. Employees shall not engage in any unauthorized game, contest, sport, or betting
with any offender.
d. During the performance of their duties or while acting as representatives of the
Department, employees may not sign any petition, letter, or recommendation to
the courts or to representatives of the courts regarding leniency, pardon,
probation, parole or any other form of criminal case disposition on behalf of an
offender unless (1) to do so is a requirement of his or her position or (2) the
employee has received authorization from the facility or office manager.
4. In cases where a close personal relationship with an offender or offender's family
member existed prior to the offender coming under the supervision of the Department,
the employee shall notify the facility or office manager in writing immediately. The
facility or office manager shall determine the appropriate parameters of the employee's
conduct toward the offender or offender's family. It is understood that a transfer of one
party may be the appropriate reaction to such circumstance and will not be considered
disciplinary.

Also, if they had any sexual contact, she committed sexual assault in the 4th degree, which is defined as someone "while employed in a state correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners, the offender engages in sexual contact with a person who the offender knows is committed to the custody of the Department of Corrections to serve a term of imprisonment or period of temporary commitment"

Answer 2

Arizona administrative code
Specifically
A.A.C. § R4-19-403(B)(4)
States that it unethical for a nurse to:
"
Engag[e] in sexual conduct with a patient, resident, or any family member of a patient or resident who does not have a pre-existing relationship with the nurse, or any conduct in the work place that a reasonable person would interpret as sexual;
"
So I recommend that you file a complaint specifically with the department of the state SPECIFICALLY mentioning this regulation. If you succeed you can get the Nurse to be reprimanded or even lose her license.

Answer 3

I'd say throw the book at her... she violated every trust that was put in her... off with her head.!