Nurse Vs. Police: Abuse of Power Exposed Against Nurses

Hey Steemit Family!

I hope all is well with you! I am compelled to share this story with you all today because it is a topic I am extremely passionate about. I have been in similar positions myself and witnessed potential situations occur first hand during my nursing career. Let me start off by making something clear….Nurses are the backbone of the healthcare system. We are the gatekeepers, mediators and advocates for our patients and their families, plus so much more. The role of the nurse is the most important in the healthcare system. Please don’t let anyone convince you differently. Speak to any nurse, especially seasoned nurses, and other healthcare professionals such as doctors, physician assistants, pharmacist, respiratory therapists, anesthesia and more. We are at the center with the patient surrounded by various disciplines. The nurse ensures the patient’s needs and best interest are addressed in an ethical and professional manner. However, there are times where our role is challenged, not only by our peers in healthcare but others who are supposed to be public servants as well.

THE SCENARIO
University of Utah Hospital nurse Alex Wubbles was unjustly and brutally detained by Salt Lake City Police Detective Jeff Payne on July 26, 2017. Why was this nurse arrested you might ask? Was she intoxicated or under the influence of an illegal substance on the job? Was she stealing or assaulting a peer or patient? No. None of the above. Nurse Wubbles was arrested for protecting her unconscious patient’s rights by refusing to obtain a blood sample Detective Payne demanded from the patient. Let’s back track a bit and to get a full understanding of what happened that day.

“ I DID NOTHING WRONG!!!”
Detective Payne demanded Nurse Wubbles draw blood from William Grey (the patient), a truck driver and reserve police officer for the Rigby Police Department in Idaho, who was unconscious at the time after a fatal car accident. Mr. Grey was struck by a driver fleeing the police. The driver died as a result of the accident. Grey was not under arrest or suspected of any crime. Wubbles calmly and professionally explained to Payne that she could not obtain blood from Grey unless 1) he was under arrest, 2) there was a warrant for his arrest, or 3) Grey was awake to consent to the blood draw. Payne was argumentative and livid at Wubbles response. She asked Payne if he either had a warrant for Grey or if he was under arrest. Payne denied both. She reiterated the rationale for why his request could not be done, as it was a violation of the patient’s rights (because he was unconscious) and hospital policy. Payne began making unprofessional remarks during the encounter based on his position as a part time paramedic with Gold Cross Ambulance. He stated "I’ll bring 'em all the transients and take the good patients elsewhere," referring to who he transports to University Hospital in his role as a paramedic. Wubbles remained peaceful and contacted hospital administration over the phone to reinforce hospital policy to Detective Payne. At this point Payne became more infuriated, threatening to arrest the nurse. Then he snapped. Payne forcefully grabbed Nurse Wubbles and began shoving her out of the hospital, slamming her against the wall and handcuffing her before bringing her to a police cruiser. What was his motive for arresting Wubbles? He claimed she was under arrest for obstructing an investigation. Everyone was in shock, people witnessing the event, administration on the phone, the millions of nurses who can relate to this in one way or another, but most of all Wubbles herself. From police cam footage we have witnessed that has gone viral, we can see the uncalled for violence from Payne. Wubbles screamed in fear, panic and confusion yelling she had done nothing wrong. Her cries “you’re assaulting me” and “help me” fell on Payne’s deaf ears.

THE RESULT
It goes without saying Nurse Wubbles was released and not charged with any crime. Payne has been placed on paid administrative leave as the incident in under investigation. The officer on scene with Payne that day has been placed on leave as well. Salt Lake Mayor Jackie Biskupski and Police Chief Mike Brown apologized to the Nurse Wubbles stating “I extend a personal apology to Ms. Wubbels for what she has been through for simply doing her job”. Gold Cross Ambulance made an objective decision based on the evidence and fired Payne for his unprofessional conduct. Wubbles isolated herself for a period of time, but decided to step forth publicly with her experience. She and her attorney are making their objective clear. Wubbels has no plans to sue the Salt Lake City Police Department. She wants to influence change in policy to prevent this from happening again. She said, “I can’t sit on this video and not attempt to speak out to re-educate and inform… [Departments] need to be having conversations about what is appropriate intervention… It hurts to relive it.” University of Utah Hospital stands firmly behind Nurse Wubbles and have created a new policy. Nurses will no longer deal directly with law enforcement officers. Police are required to check in at the front desk and interact with a supervisor who is trained in law and hospital policy. Margaret Pearce, the chief nursing officer stated the change in policy allows nurses to focus on caring for patients. “If there is a discussion or an issue, it needs to occur outside the patient care environment,” she said.

MY ASSESSMENT
This incident is completely disgusting and appalling. It should have never occurred. Payne is clearly in violation on multiple levels. He wrongfully attempted to use “implied consent” to demand a blood sample from Mr. Grey. This demonstrates one of two possibilities for this action. Payne was ignorant to the 2016 U.S. Supreme Court ruling that made obtaining blood samples without a warrant illegal (proving his incompetence and lack of knowledge of the laws he is supposed to uphold) or he knowingly attempted to intimidate the nurse into violating the law by obtaining blood from an unconscious patient who was not under arrest and did not have a warrant out for his arrest (nor probable cause to write a warrant during the time of the incident). Payne threatened and assaulted Nurse Wubbles which is a felony per a recent bill signed by Utah Governor Gary Herbert. Payne physically assaulted Wubbles, and has caused her psychological and emotional trauma. And let’s not forget that Payne made statements about not transporting patients (in his position as a paramedic with Golden Cross Ambulance which was completely unrelated to the incident) to University of Utah hospital for not cooperating with his illegal and unethical demands.

Payne is the epitome of disappointment and mistrust as a public servant in the police department. It is disturbing and infuriating to witness. But the sad reality is this is not an isolated incident. The abuse of power and entitlement is rampant. Not only involving police officers in their interactions in the healthcare setting, but in society as a whole. Police abuse of power is a problem. This is not serving the people. This is abuse. And the sad reality is that there are nurses like Alex Wubbles all over the country, on a daily basis fighting to protect and advocate for their patients’. Whether it is being the mediator with peers, visitors, family or law enforcement, nurses are doing this on a daily basis. I can’t begin to explain the countless close calls from heated interactions between my ER nurses and police for various violations. Everything from attempting to demand protected health information without following appropriate protocol, dismissing our reports of patient assaults against nursing staff, or extreme treatment of detained patients receiving care. I witnessed these incidents regularly, I have had these experiences myself. And I am grateful that my staff and I have never been the victim of an officer’s explosive response, like Wubbles received from Payne. But it does not mean it couldn’t have occurred, nor does it mean it cannot happen now. It can. Unless there is true change. Clear regulations need to be created and strict consequences enforced upon law enforcement officers who abuse their power.

Payne being fired from Gold Cross Ambulance is a small step toward justice. However, he is on paid leave from the Salt Lake City Police Department. How are you rewarded with pay by your employer when you are under investigation? Not to mention there is video evidence from police body cameras that documented the encounter, the crime of assault and threatening Nurse Wubbles, and whatever other laws were violated during this incident. Payne is not being treated fairly under the law. He is merely getting a slap on the wrist. And this is shameful. He and other officers who conduct themselves in such an unethical manner, in every context, including abuse of power and violation of the law need to be reprimanded equally, if not more severely than civilians. They are not above the law, they are people too just like you and me. No exceptions. Not based on color or position. The unfortunate reality is the criminal justice system principle of innocent until proven guilty is selective. And Payne is “innocent” in spite of the undeniable evidence until “proven” guilty in a court of law. We see proof of this everyday across the country, in the news, on the internet. It is everywhere. Police are getting away with murder, literally. This is just an act of violence against a medical professional, a Caucasian nurse (like most nurses of all shapes, races and backgrounds) who has strong ethical conscious and upholds the regulations in place to protect patients and their rights. Had Wubbles been an African American nurse would the story have exploded? Would Payne have been reprimanded in any way or an investigation in place had there been no police camera footage? These are speculative questions you can answer for yourself. My answer is no. As sad as it is to say, this is the reality we live in. And in order to begin to resolve this issue, changes in policy and enforcement of consequences must be priority to all officers who abuse their power. The University Hospital has made the first step towards protecting nurses from officers like Payne with their new policy, but we need to do so much more. We shall see how everything unravels. This case has to be resolved if true change is to commence in our society which is rapidly deteriorating.

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