By Barbara Forshier on October 25th, 2024 in
The State of Minnesota Health Professionals Services Program (HPSP) allows nurses – and all healthcare professionals in Minnesota – to seek help when an illness may prevent them from practicing with reasonable skill and safety. The most common reason to utilize HPSP is for a substance use disorder (SUD). However, HPSP also monitors licensees with mental or physical health issues that may affect the ability to practice safely.
How to Navigate the HPSP
If a healthcare professional has an addiction or illness that impacts their ability to practice with reasonable skill and safety, you may be required by the board to be monitored to maintain your license. Participation in HPSP can be mandated by the board, or you could be reported by a third party and if you meet the monitoring requirements you will be required to successfully complete the HPSP program, or you will be reported to the Board. A self-report or third-party report will not be reported to the board as long as you are compliant, with a few exceptions such as patient harm.
If you have an SUD, it is best to self-report to HPSP. However, talk to an experienced license defense attorney prior to reporting yourself.
You may self-refer by calling HPSP and stating that you would like to self-refer. You’ll be required to:
- Talk to a case manager who will conduct a phone intake
- If you have an SUD, you will be required to obtain a current SUD assessment
- You may be requested to be off work until the SUD assessment is completed
Your case manager will discuss the next steps in the process with you. Further assessment may be necessary, and you will be required to sign releases of private medical records for HPSP.
Once your case manager has all the required information, you will be provided with a Participation Agreement (PA) to sign. This is a contract, and you should have your attorney review it prior to signing.
Note: The HPSP will collect data about you, but in most cases, the information cannot be shared without your consent. During the enrollment interview, the case manager will explain all of the data that is collected about you.
What HPSP Hopes to Achieve
The mission of health licensing boards, including the Board of Nursing, is to Protect the Public. The Board is obligated to ensure that nurses are:
- Competent
- Ethical
- Practicing safely
Nurses, or any licensed Minnesota healthcare professional, can utilize the resources of the HPSP monitoring program.
If necessary, reporting a colleague to HPSP satisfies the reporting requirement when the nurse has an obligation to report a colleague who is impaired/unsafe.
It’s better to enter HPSP than it is to be disciplined.
What are the HPSP Requirements?
To be eligible for the HPSP, nurses must:
- Be regulated by a participating board
- You are not able to participate if your license is suspended
The length of monitoring will largely depend on your diagnosis and can range from 12-60 months (36 months is the average).
When enrolling, you will be asked to sign a Participation Agreement, which will explain the terms of the contract, the length of time you will be participating in the program and the terms under which the Board would be notified if there is substantial non-compliance.
Consult with an Attorney to Prepare for the HPSP
If you’re going to be entering the HPSP, consult with an attorney first. An attorney can help you prepare for the program and ensure that you understand all of the HPSP requirements.
For example, your attorney may recommend getting a substance use assessment (SUD) assessment before calling the HPSP, so you don’t have to take time off of work.
Your attorney can also help you prepare for conversations, as necessary, with the Board and serve as your advocate throughout the entire process. The situation must be approached with care and strategically. An attorney will know the right course of action to take.
You must successfully complete the terms of your PA with HPSP or you will be reported to the board. It is important to have a good relationship with your case manager, communicate often, keep a journal of all communication, and be honest.
A relapse or slip in your SUD recovery will not automatically result in your discharge from HPSP. However, it will be reported to the board. The board does not usually act if the nurse is allowed to continue participation in HPSP.
If a nurse is discharged for any reason other than successful completion, a board report will result. If the nurse had been on a stay of suspension, the stay will be removed resulting in a suspension.
At Forshier Law, we have been helping nurses defend their careers for more than a decade. After working as an RN for more than 25 years, attorney Barbara Forshier returned to law school and opened Forshier Law, LLC to advocate for nurses.
Contact Forshier Law today to schedule a free consultation and learn how we can help you prepare for the HPSP.
