Attention-Deficit/Hyperactivity Disorder and Successful Completion of Anesthesia Residency: A Case Report Attention-Deficit/Hyperactivity Disorder and Successful Completion of Anesthesia Residency: A Case Report Attention-Deficit/Hyperactivity Disorder and Successful Completion of Anesthesia Residency: A Case Report

Michael G. Fitzsimons, MD, Jason C. Brookman, MD, Sarah H. Arnholz, JD, and Keith Baker, MD, PhD

Abstract
Cognitive and physical disabilities among anesthesia residents are not well studied. Cognitive disabilities may often go undiagnosed among trainees, and these trainees may struggle during their graduate medical education. Attention-deficit/hyperactivity disorder (ADHD) is an executive function disorder that may manifest as lack of vigilance, an inability to adapt to the rapid changes associated with anesthesia cases, distractibility, an inability to prioritize activities, and even periods of hyperfocusing, among other signs. Programs are encouraged to work closely with residents with such disabilities to develop an educational plan that includes accommodations for their unique learning practices while maintaining the critical aspects of the program. The authors present the management of a case of an anesthesia resident with a diagnosis of ADHD, the perspectives of the trainee, program director, clinical competency director, and the office of general counsel. This article also provides follow-up in the five years since completion of residency.
(C) 2015 by the Association of American Medical Colleges

NDLA ADA 25 Celebration July 27

The National Organization of Nurses with Disabilities (NOND) is a member of the National Disability Leadership Alliance (NDLA) Steering Committee.  NDLA is a coalition led by 15 national organizations run by people with disabilities with identifiable grassroots constituencies around the country.  As a member, NOND requests that  you consider assisting our organization in raising funds for the NDLA ADA 25 Celebration which will be held in Washington, DC on July 27.

This exciting community-wide celebration will be the largest ADA Anniversary event in the United States.  Please pledge your support today!  Sponsor packages are available at all levels and include great visibility to demonstrate your support for the disability community!  Sponsorship information and ticket sales are available on the National Disability Leadership Alliance’s website at http://www.disabilityleadership.org/index.php?option=com_content&view=article&id=96&Itemid=40.

Please join disability rights leaders and activists, Members of Congress, Administration Officials, and others as we gather to celebrate the 25th Anniversary of the Americans with Disabilities Act. This community wide celebration is being hosted by the National Disability Leadership Alliance (NDLA).  Individual tickets can be purchased for $50.

A CELEBRATION OF PRIDE, POWER, AND PROMISE AMERICANS WITH DISABILITIES ACT 25TH ANNIVERSARY
Date: Monday, July 27, 2015
Time: 7:00 PM 11:00 PM
Location: Grand Hyatt
1000 H Street, NW
Washington, DC 20001

SPONSORSHIP LEVELS AND BENEFITS

If you are interested in becoming a sponsor of NDLA’s ADA 25th Anniversary event please contact:

EEOC Issues Proposed Rule on ADA Compliance for Wellness Programs


EEOC Issues Proposed Rule on ADA Compliance for Wellness Programs

The U.S Equal Employment Opportunity Commission (EEOC) published a Notice of Proposed Rulemaking today that provides guidance to both employers and employees on how wellness programs offered as part of employers’ group health plans can comply with Title I of the American with Disabilities Act.

Workplace wellness programs are often used to encourage healthier lifestyles or prevent disease. Some of these programs use health risk assessments and biometric screenings to measure blood pressure, cholesterol, and body weight. Incentives such as lower monthly premiums can be rewarded to individuals for participation.

Although the ADA limits the circumstances in which employers may ask employees about their health or require them to undergo medical examinations, it allows such inquiries and exams if they are voluntary and part of an employee health program. 

The EEOC’s Notice of Proposed Rulemaking clarifies the circumstances in which employers are allowed to obtain medical information from employees under the American with Disabilities Act:

·         If an employee health program seeks information about employee health or medical exams, the program must aim to promote health or prevent disease, and not just collect information.
·         Employees are not required to participate in a wellness program, and they may not be denied health coverage or disciplined if they refuse to participate.  
·         Companies may offer incentives of up to 30 percent of the total cost of employee-only coverage in connection with wellness programs. These programs can include medical examinations or questions about employees’ health (such as questions on a health risk assessment). 
·         Discrimination based on disability is prohibited and individuals with disabilities must be provided with reasonable accommodations that allow them to participate.
 

The Commission seeks comments from the public that will shape the final regulation.
The preamble includes 6 specific questions on which public comment is requested; public comment on the proposed rule and these 6 questions will inform the final content of the rule. The questions can be found on pages 19-22 of the document.  

Key issues include how voluntary disclosure should be defined in the context of this rule and how — and to what extent — notice requirements under this rule apply.

Comments can be submitted to the Federal Register until

June 19, 2015.
Click here to read the proposal and make comments.

Related Content:
Click to read this set of
Frequently Asked Questions from the U.S. Equal Employment Opportunity Commission.
Click to read this set of
Frequently Asked Questions from Department of Labor, HHS and the Treasury.
Click to read this set of
Frequently Asked Questions from the HHS Office for Civil Rights.
April 20, 2015

Registered Nurses With Disabilities: Legal Rights and Responsibilities

Registered Nurses With Disabilities: Legal Rights and Responsibilities
Leslie Neal-Boylan, PhD, APRN, CRRN, FAAN
& Michelle D. Miller, JD, MPH, RN

Abstract
Purpose: The purpose of this legal case review and analysis was to determine what kinds of cases involving nurses with disabilities are typically brought to attorneys, which cases tend to be successful, and how and when a nurse with a disability should pursue legal action.

Design
The review u sed the standard legal case analysis method to analyze legal cases that have been brought by registered nurses (RNs) with physical or sensory disabilities from 1995 to 2013. The cases span the period following the enactment of the Americans With Disabilities Act (ADA) of 1990 through the ADA Amendments Act (ADAAA) of 2008.

Methods

A nurse attorney reviewed the background material to find every case involving an RN with a disability, excluding those with mental health disabilities or substance abuse issues. Case analysis was conducted using standard legal case analysis procedures. Fifty-six cases were analyzed.

Findings
The cases were categorized into five types of legal claims: (a) disability discrimination (84%); (b) failure to accommodate (46%); (c) retaliation (12.5%); (d) association (3.6%); and (e) hostile work environment (7%). The cases were largely unsuccessful, particularly those brought under the ADA instead of the ADAAA.

Conclusions

The case analysis revealed that several cases brought by RNs with disabilities using the ADA might have been successful under the ADAAA. In addition, the case analysis has provided vital information for administrators, leaders, and clinical nurses regarding when a case is appropriate for legal action. These findings from this review will help nurses recognize when they are being treated in a discriminatory way in the workplace, what their legal rights and responsibilities are, and at what point they should pursue legal action.

Clinical Relevance
This review has relevance to all RNs working in clinical and academic settings who may have a congenital or acquired physical or sensory disability.