Alcohol Misuse and Nursing | Nurses Defence Service – UK.
Many nurses drink a great deal outside of work. On occasions alcohol becomes a problem for a nurse. She or he may binge drink, or need to drink to relax, to such an extent that it affects their health or judgement. Some nurses go on to acquire a dependency and rely on alcohol to get through their shifts. Where concerns are raised by an employer, colleague or a member of the public, the Nursing and Midwifery Council (NMC) may become involved. Our lawyer, Ms Maudsley, summarises below some of the difficulties that nurses face in such circumstances.
There are two situations where a nurse who has an alcohol related problem may face difficulties practising as a nurse. She/he may either be registered and receives a referral from a third party relating to his/her conduct or a criminal conviction or she/he may be applying to register and there are issues surrounding his/her character.
If a nurse is in practise and the Nursing and Midwifery Council receive a referral either from a third party or from the nurse herself/himself about an alcohol related issue then the NMC will potentially investigate her/his ability to practise safely.
Situations where a referral is made could be, for example, a nurse turning up for work smelling of alcohol, acting intoxicated resulting in inappropriate behaviour, slurring of speech or appearing unsteady on her/his feet. The employer may feel justified in suggesting that patient safety is being put at risk if the nurse continues to remain on duty and may as a consequence, refer the nurse to the NMC for issues of misconduct.
Alternatively, a nurse is found to be drunk outside of work but becomes involved in acts not befitting a registered nurse. This may/may not result in a criminal conviction.
A nurse may receive a conviction for drink driving or other alcohol related driving offences.
A drink related criminal conviction (or any other conviction) may be reported to the NMC by the police or court under the Notifiable Occupations Scheme. This Scheme relates to professions or occupations which carry special trust or responsibility (such as nursing), in which the public interest in the disclosure of a conviction and other information by the police generally outweighs the normal duty of confidentiality owed to the individual nurse.
 it is a repeat offence.
 seek information from the nurse’s general practitioner or occupational health department, if it appears that the NMC need to explore any underlying alcohol issues that could mean that the nurse’s fitness to practise is impaired because of his/her health.
If the NMC decide there is sufficient information then there has to be a decision taken as to whether the case is a misconduct case under Article 22 (a) (i) of the Nursing and Midwifery Order 2001 or a health case, under Article 22 (a) (iv).
If the NMC decide the case is a misconduct case and there is a case to answer having investigated the matter, the nurse may be referred to a Fitness to Practise Panel who will decide whether the facts as charged by the NMC are proven and if so, whether there is current impairment. If the Fitness to Practise Panel decides there is current impairment, it will impose a sanction restricting the nurse’s ability to work. This may be reviewed at the end of the period of restriction.
A nurse therefore has to declare that she is in good health and is of good character. If her health is affected by an alcohol related problem or she has been charged, received a conviction or caution for alcohol related problems then she may struggle to register (either registration or re-admission).
Refusal to register is an appealable decision under Article 37 of the Nursing and Midwifery Order 2001.