09:0709(85)NG - AFGE Local l822 and VA Medical Center, Waco, TX -- 1982 FLRAdec NG
[ v09 p709 ]
09:0709(85)NG
The decision of the Authority follows:
9 FLRA No. 85 AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, LOCAL 1822, AFL-CIO Union and VETERANS ADMINISTRATION MEDICAL CENTER, WACO, TEXAS Agency Case No. O-NG-362 DECISION AND ORDER ON NEGOTIABILITY ISSUE THE PETITION FOR REVIEW IN THIS CASE COMES BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY (THE AUTHORITY) PURSUANT TO SECTION 7105(A)(2)(E) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (THE STATUTE), AND RAISES THE QUESTION OF THE NEGOTIABILITY OF THE UNION'S PROPOSED CHANGES TO A REVISED NURSING SERVICE BULLETIN NO. 80-05 (NSB NO. 80-05) ISSUED BY THE AGENCY, CONCERNING THE REPORTING OF MEDICATION "INCIDENTS" AND "ERRORS" FOR NURSING SERVICE PERSONNEL. (SEE APPENDIX.) UNION PROPOSAL PURPOSE TO DEFINE ACTIONS TO BE TAKEN IN REPORTING INCIDENTS/ERRORS IN ADMINISTRATION OF MEDICATION. POLICY: INCIDENTS/ERRORS IN ADMINISTERING MEDICATION MUST BE REPORTED IMMEDIATELY AND IMMEDIATE ACTION TAKEN FOR PATIENT'S SAFETY AND WELFARE, AS APPROPRIATE. PROCEDURE: REPORT, IMMEDIATELY, ALL MEDICATION INCIDENTS/ERRORS TO THE NURSE COORDINATOR, TO THE NURSING SUPERVISOR, AND TO THE WARD PHYSICIAN AND/OR MEDICAL O.D., AS APPROPRIATE. THE NURSE COORDINATOR ON EACH NURSING UNIT IS RESPONSIBLE FOR INITIATION OF VA FORM 10-2633, AFTER HER INVESTIGATION OF THE INCIDENT. MEDICATION ERROR: (DEFINITION) WHEN A PATIENT RECEIVES MEDICATION NOT PRESCRIBED BY A PHYSICIAN OR DENTIST. CLASSIFICATIONS: PRIMARY: 1. MEDICATION ERROR CAUSED BY FAILURE TO FOLLOW PROPER PROCEDURE. 2. A PROCEDURE CARRIED OUT INCORRECTLY CAUSING ANOTHER PERSON TO MAKE AN ERROR. SECONDARY: AN INCIDENT RESULTING IN ERROR THAT IS THE DIRECT RESULT OF THE INCORRECT ACTION OF ANOTHER PERSON. THIS CLASSIFICATION DOES NOT RESULT IN ANY FORM OF DISCIPLINARY ACTION. UPON CAREFUL CONSIDERATION OF THE ENTIRE RECORD, INCLUDING THE PARTIES' CONTENTIONS, THE AUTHORITY MAKES THE FOLLOWING DETERMINATIONS. AS PREVIOUSLY NOTED, NSB NO. 80-05 CONCERNS THE REPORTING OF MEDICATION INCIDENTS AND ERRORS FOR NURSING SERVICE PERSONNEL. SPECIFICALLY, IT REQUIRES NURSING SERVICE PERSONNEL TO PROVIDE MANAGEMENT WITH INFORMATION IN CONNECTION WITH THE PERFORMANCE OF THEIR WORK. THIS INFORMATION INDICATES WHETHER ASSIGNED WORK HAS BEEN CORRECTLY PERFORMED AND, THUS, IS ESSENTIAL TO THE CONDUCT OF HEALTH CARE OPERATIONS AS WELL AS RELEVANT FOR THE PURPOSE OF TAKING DISCIPLINARY ACTION BASED UPON ERRORS IN THE ADMINISTRATION OF MEDICINE. IN THIS REGARD, THE UNION'S PROPOSAL IS INCONSISTENT WITH THE AGENCY'S ASSIGNMENT OF CERTAIN PATIENT HEALTH CARE MONITORING DUTIES TO NURSING COORDINATORS OR THEIR DESIGNEES, WHICH ASSIGNMENT IS REFLECTED IN NSB NO. 80-05. THESE DUTIES INCLUDE THE CLASSIFICATION OF MEDICATION INCIDENTS AND ERRORS, AND THE COMPLETION OR FORWARDING OF QUESTIONNAIRES AND REPORTS INVOLVING SUCH MATTERS. CONSEQUENTLY, THE PROPOSAL WOULD VIOLATE MANAGEMENT'S RIGHT TO ASSIGN WORK UNDER SECTION 7106(A)(2)(B) OF THE STATUTE. /1/ SEE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO AND AIR FORCE LOGISTICS COMMAND, WRIGHT-PATTERSON AIR FORCE BASE, OHIO, 2 FLRA 603 (1980) (PROPOSAL XI), ENFORCED AS TO OTHER MATTERS SUB NOM., DEPARTMENT OF DEFENSE V. FEDERAL LABOR RELATIONS AUTHORITY, 659 F.2D 1140 (D.C. CIR. 1981), CERT. DENIED SUB NOM., AFGE V. FLRA, . . . U.S. . . ., 102 S.CT. 1443 (1982). FURTHER, INSOFAR AS THE UNION'S PROPOSAL WOULD HAVE THE EFFECT OF MODIFYING THE SUBSTANTIVE CRITERIA FOR TAKING DISCIPLINARY ACTION UNDER NSB NO. 80-05, IT MUST BE FOUND TO BE VIOLATIVE OF MANAGEMENT'S RIGHT TO DISCIPLINE EMPLOYEES PURSUANT TO SECTION 7106(A)(2)(A) OF THE STATUTE. /2/ IN THIS REGARD, THE RECORD SHOWS THAT THE UNION'S PROPOSAL WOULD DIRECTLY INTERFERE WITH THE AGENCY'S DISCIPLINING NURSING SERVICE PERSONNEL FOR CERTAIN TYPES OF INFRACTIONS IN THE ADMINISTRATION OF MEDICINE BY NARROWING THE DEFINITION OF, AND THUS THE RESPONSIBILITY FOR, MEDICATION ERRORS. THAT IS, UNDER THE UNION'S PROPOSAL CERTAIN ERRORS IN THE ADMINISTRATION OF MEDICINE, SUCH AS INCORRECT FORM OR DOSAGE, IMPROPER INTERVALS, AND INCORRECT ROUTE AND DOSE, WOULD BE ELIMINATED AS POSSIBLE GROUNDS UPON WHICH THE AGENCY, PURSUANT TO NSB NO. 80-05, COULD COUNSEL, ADMONISH, REPRIMAND, SUSPEND, OR TAKE OTHER DISCIPLINARY ACTION AGAINST AN EMPLOYEE, BECAUSE SUCH ERRORS WOULD NO LONGER CONSTITUTE MEDICATION INFRACTIONS. SEE DEPARTMENT OF DEFENSE V. FLRA, 659 F.2D 1140, 1159-61. FINALLY, THE UNION'S CLAIM THAT ITS PROPOSAL IS INTENDED SOLELY TO CLARIFY REPORTING PROCEDURES OF NURSING SERVICE PERSONNEL CANNOT BE VIEWED AS DISPOSITIVE IN LIGHT OF THE LANGUAGE OF THE PROPOSAL AS DRAFTED WHICH CLEARLY IS NOT LIMITED TO SUCH CLARIFICATION. OF COURSE, IF THE UNION WERE TO CONFORM ITS PROPOSAL TO ITS STATED INTENT, SUCH PROPOSAL WOULD BE WITHIN THE DUTY TO BARGAIN. ACCORDINGLY, PURSUANT TO SECTION 2424.10 OF THE AUTHORITY'S RULES AND REGULATIONS (5 CFR 2424.10 (1981)), IT IS ORDERED THAT THE UNION'S PROPOSAL BE, AND IT HEREBY IS, DISMISSED. ISSUED, WASHINGTON, D.C., AUGUST 3, 1982 RONALD W. HAUGHTON, CHAIRMAN HENRY B. FRAZIER III, MEMBER LEON B. APPLEWHAITE, MEMBER FEDERAL LABOR RELATIONS AUTHORITY APPENDIX /3/ VETERANS ADMINISTRATION MEDICAL CENTER WACO, TEXAS NURSING SERVICE BULLETIN NO. 80-05 TO: ALL NURSING SERVICE PERSONNEL FROM: CHIEF, NURSING SERVICE SUBJ: REPORTING MEDICATION INCIDENTS/ERRORS 1. PURPOSE: TO DEFINE ACTIONS TO BE TAKEN IN REPORTING INCIDENTS/ERRORS IN ADMINISTRATION OF MEDICATION. 2. POLICY: INCIDENTS/ERRORS IN ADMINISTERING MEDICATION MUST BE REPORTED IMMEDIATELY AND IMMEDIATE ACTION TAKEN FOR PATIENT'S SAFETY AND WELFARE. 3. PROCEDURE: A. REPORT, IMMEDIATELY, ALL MEDICATION INCIDENTS/ERRORS TO THE REGISTERED NURSE "IN CHARGE," TO THE NURSING SUPERVISOR, AND TO THE WARD PHYSICIAN AND/OR MEDICAL O.D., AS APPROPRIATE. B. THE NURSE COORDINATOR OR DESIGNEE ON EACH NURSING UNIT IS RESPONSIBLE FOR THE OBJECTIVE CRITIQUE AND CLASSIFICATION OF EACH MEDICATION INCIDENT/ERROR TO ASSURE THAT THESE ARE CHARGED TO THE PERSON(S) RESPONSIBLE AND FOR INITIATION OF VA FORM 10-2633. (1) REVIEW THE INCIDENT AND CLASSIFY ACCORDING TO THE ATTACHED DEFINITIONS/CLASSIFICATIONS. (2) COMPLETE PART III OF THE MEDICATION INCIDENT QUESTIONNAIRE. (3) FORWARD THE COMPLETED VA FORM 10-2633 AND MEDICATION INCIDENT QUESTIONNAIRE, THROUGH CHANNELS, TO THE CHIEF, NURSING SERVICE. (C) THE REGISTERED NURSE AND/OR LICENSED VOCATIONAL NURSE INVOLVED IN THE INCIDENT/ERROR WILL COMPLETE PART I OF THE MEDICATION INCIDENT QUESTIONNAIRE. D. THE REGISTERED NURSES "IN CHARGE" WILL COMPLETE PART II OF THE MEDICATION INCIDENT QUESTIONNAIRE. E. THE NURSING SUPERVISOR/NURSING OFFICE WILL COMPLETE PART IV OF THE MEDICATION INCIDENT QUESTIONNAIRE. 4. COOPERATIVE ACTION(S), AS INDICATED, WILL BE TAKEN BASED ON THE INFORMATION REPORTED AND THE CIRCUMSTANCES OF THE INCIDENT/ERROR: A. VERBAL COUNSELLINGS WILL BE GIVEN BY THE NURSE COORDINATOR OR DESIGNEE. B. WRITTEN COUNSELLINGS WILL BE GIVEN BY THE NURSING SUPERVISOR AND WILL BE FILED IN THE OFFICIAL PERSONNEL FOLDER. C. REVIEW CLASSES WILL BE CONDUCTED BY NURSING EDUCATION AND RECORDED. D. DISCIPLINARY ACTION(S) (ADMONISHMENT, REPRIMAND, SUSPENSION) WILL BE TAKEN BY THE CHIEF, NURSING SERVICE, OR DESIGNEE, AND FILED IN THE OFFICIAL PERSONNEL FOLDER. 5. RESCISSION: NURSING SERVICE BULLETIN NO. 78-29, "REPORTING MEDICATION ERRORS," DATED NOVEMBER 1978. MARY J. HAYNIE, R.N. CHIEF, NURSING SERVICE INDEX AND FILE UNDER "M" IN ADMINISTRATIVE MANUAL. MEDICATION ERROR DEFINITION AND CLASSIFICATIONS THESE DEFINITIONS AND CLASSIFICATIONS ARE TO BE USED IN THE CONSISTENT, OBJECTIVE, ASSIGNMENT OF INCIDENTS/ERRORS TO INDIVIDUALS RESPONSIBLE FOR THEIR OCCURRENCES. I. DEFINITION A. MEDICATION ERROR. (1) ANY INCIDENT OF DEVIATION FROM THE PROTOCOLS ESTABLISHED FOR INDIVIDUALS RESPONSIBLE FOR ADMINISTERING MEDICATIONS TO PATIENTS. (2) ANY DEVIATION FROM ESTABLISHED PROTOCOLS WHEREIN A PATIENT (A) DOES NOT RECEIVE MEDICATIONS EXACTLY AS PRESCRIBED, I.E., INCORRECT FORM/DOSAGE, AT INCORRECT INTERVALS, INCORRECT ROUTE, INCORRECT NUMBER OF DOSES; (B) RECEIVES MEDICATIONS NOT PRESCRIBED, I.E., MEDICATIONS WITHOUT A DOCTOR'S ORDER. II. CLASSIFICATIONS A. PRIMARY. CLASSIFICATION OF AN INCIDENT CREDITED (CHARGED) TO THE ACTIONS OF THE FIRST PERSON ACCOUNTABLE FOR A CORRECT ACTION. TWO (2) OR MORE PRIMARY ERRORS MAY BE MADE ON THE SAME ORDER; THE TRANSCRIBER, VERIFIER AND VALIDATOR OF AN ORDER MAY ALL ACT IN ERROR. B. SECONDARY. CLASSIFICATION OF AN INCIDENT RESULTING IN ERROR THAT IS THE DIRECT RESULT OF THE INCORRECT ACTION OF ANOTHER PERSON, I.E., (1) A SECONDARY INCIDENT WHEREIN INCORRECT MEDICATION IS ADMINISTERED ACCORDING TO ORDERS THAT HAVE BEEN INCORRECTLY TRANSCRIBED/VERIFIED/VALIDATED BY ANOTHER PERSON. (2) A SECONDARY INCIDENT WHEREIN MEDICATIONS ARE ADMINISTERED ACCORDING TO ORDERS THAT HAVE BEEN CHANGED/DISCONTINUED, WITH FAILURE OF THE ACCOUNTABLE INDIVIDUAL TO APPROPRIATELY NOTIFY THE PERSON ADMINISTERING THE MEDICATION(S). III. OTHER CONSIDERATIONS A. ACCOUNTABILITY. INCIDENTS RESULTING IN A PATIENT'S RECEIVING MEDICATION IN ERROR DUE TO FAILURE OF THE RESPONSIBLE INDIVIDUAL TO (1) SEEK CLARIFICATION/INTERPRETATION OF ORDERS THAT ARE NOT CLEAR; (2) ASSIGN PERSONNEL TO ADMINISTER MEDICATIONS; (3) ACCEPT RESPONSIBILITY FOR APPROPRIATE ACTION. B. CHARTING. INCIDENTS RESULTING IN IMPROPER DOCUMENTATION OF ACTIONS BUT WHERE PATIENTS RECEIVED MEDICATION(S) AS PRESCRIBED. --------------- FOOTNOTES$ --------------- /1/ SECTION 7106(A)(2)(B) PROVIDES: SEC. 7106. MANAGEMENT RIGHTS (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, NOTHING IN THIS CHAPTER SHALL AFFECT THE AUTHORITY OF ANY MANAGEMENT OFFICIAL OF ANY AGENCY-- . . . . (2) IN ACCORDANCE WITH APPLICABLE LAWS-- . . . . (B) TO ASSIGN WORK . . . . /2/ SECTION 7106(A)(2)(A) PROVIDES: SEC. 7106. MANAGEMENT RIGHTS (A) SUBJECT TO SUBSECTION (B) OF THIS SECTION, NOTHING IN THIS CHAPTER SHALL AFFECT THE AUTHORITY OF ANY MANAGEMENT OFFICIAL OF ANY AGENCY-- . . . . (2) IN ACCORDANCE WITH APPLICABLE LAWS-- (A) . . . TO SUSPEND, REMOVE, REDUCE IN GRADE OR PAY, OR TAKE OTHER DISCIPLINARY ACTION AGAINST SUCH EMPLOYEES. /3/ THIS APPENDIX INCLUDES NSB NO. 80-05 AND ITS ATTACHED MEDICATION ERROR DEFINITION AND CLASSIFICATIONS BUT NOT THE MEDICATION INCIDENT QUESTIONNAIRE WHICH IS NOT RELEVANT TO THE DISPOSITION OF THIS CASE.