In addition to the harmful effects to the patient and impact on the image of the profession, the nurse violator is faced with disciplinary action from the employer and state boards of nursing. There is also the potential for legal action in states where sexual activity with a patient is considered a criminal offense. Although the method by which sexual misconduct cases are handled varies from state to state, there are commonalities throughout. All nurses are entitled to due process or notification of the problem, in addition to an opportunity for a fair hearing, in which they can tell their side of the story in the presence of an objective person. There is also the opportunity for appeal.
Some states have alternatives to discipline.
Although these diversion programs are preferable to disciplinary action against the license of the nurse, Smith reports that the program has strict criteria and high expectations of participants. Their immediate supervisor also gives ongoing feedback and reports. The nurse in the IPN may even have to travel for treatment from an expert in the area of professional sexual misconduct. The statistics for the IPN are reflective of the national numbers for sexual misconduct. The issue of how to care for a patient who has been involved in a boundary violation after it is detected is an area that may benefit from more research and attention, says Sheets.