Registered Nurse Elaine Gebhardt has received notice she is under investigation by the Kansas State Board of Nursing (KSBN). The allegation: you have been using social media to attack the transgender population and to debase healthcare processes.
In an interview with The Sentinel, Gebhardt provided a post on X from March of 2023 as an example of her rhetoric that has drawn the attention of KSBN. She says the online criticism soon followed:
“I happened to post this video under the account of a (unknown at the time) trans-identifying man. This trans-identifying man then went on to abuse and harass me because they didn’t like me telling them to just live their life without making a fuss, I guess??
“They then went off of X and found my workplace on LinkedIn (which I had forgot about because it was only ever used for 1 school assignment I had) and they posted it on X and encouraged their followers to dox my job.”
Does your employer have a social media policy they claim you violated?
“My employer is not involved in the investigation the Board of Nursing is doing. So, I am not in violation of any job social media policy, I am not in violation of HIPAA laws, and I am not outside my scope of practice.”
“How did the Board of Nursing get involved if your employer did not raise the issue with you?
“The Board of Nursing got involved because people from X had submitted a report stating I was being transphobic, racist, discriminatory, and was refusing patient care. None of which I had done.”
Does the Board of Nursing have a social media policy for those it governs?
“According to the Kansas Nurse Practice Act (KNPA) there is no policy stated, no statutes in place about social media conduct. The Board of Nursing is trying to mold their investigation to adhere to the American Nurses Association’s recommendations on social media policies, which is very subjective”
In the interview conducted by the KSBN investigator with Gebhardt, who approved our request to link it here, the investigator misstated one of the KNPA statutes allegedly violated by the nurse as “60-3-10 (M)”. There is no such statute in the KNPA. Also, the second statute in question cited by the investigator is “60-3-110 (Q),” which reads: advertising nursing superiority or advertising the performance of nursing services in a superior manner. There is no reference to social media postings. Gebhardt says she has not received an explanation from the KSBN:
“No, no one has clarified that statute. I’m not entirely sure how they are trying to link the second statute to my case, either. She wanted me to look them up myself.”
The KNPA alleged violations mentioned by the KSBN investigator seem to be in Section 60-3-110 of the KNPA Rules and Regulations dealing with unprofessional conduct. Subsection (m) is “engaging in conduct related to licensed nursing practice that is likely to deceive,
defraud, or harm the public, and sub-section (q) is “advertising nursing superiority or advertising the performance of nursing services in
a superior manner.” It’s unclear why the Board of Nursing is investigating Gebhartdt’s actions under those two rules since both deal with actions related to nursing, and the investigator confirms that the alleged conduct is not related to nursing.
The nurse also questioned a reference from the investigator to her membership in the Gays Against Groomers organization, which identifies itself as: An organization fighting back from inside the community against the sexualization, indoctrination and medicalization of children happening under the guise of “LGBTQIA+”. Gebhardt identifies as a bi-sexual woman:
“I find it extremely odd that the KSBN was concerned (with) my extracurricular activities with Gays Against Groomers specifically because it had no relation to my nursing practice. When I expressed that in the interview, I was brushed off. And it feels very targeted; because I am involved in a group that is controversial, I am being specifically targeted.”
Gebhardt says criticism of her rises from her politics, not her performance as a nurse:
“My response to the negative comments I have received on social media is that my stance as an American first, I have my First Amendment right. Even if I am speaking with my title out there as an RN, that does not trump my First Amendment right. Especially in the sense that as a nurse I am only practicing safe, sound, healthy, and effective medicine. That does not include political agendas or someone’s feelings. When a patient is dying, none of that garbage matters. When a patient needs my care, none of that political nonsense matters. My patients get their care, and I do my best to make sure it doesn’t include any practice that may cause harm. I will not bow to the political leanings in the water just to make someone feel comfortable. The world needs change because these bullies are too emboldened and to make that change people need to start being uncomfortable.
“When it comes to Free Speech, it includes ALL speech, not just the words that people like. I am not here for a popularity contest. I am here as an American nurse who cares about the health of her country and the health of the population. Nothing anyone can do will stop me. The state does not get to shut me down because the Board of Nursing is full of left-leaning appointees from the governor of Kansas, who has shown time and time again that she only cares about being accepted by the Woke Left but not extreme enough that she can be voted out.
“This investigation by the Board of Nursing is an infringement by the government to silence me because I won’t bow to these lies, misinformation, and down-right malpractice. I will stand against this and make our Founding Fathers proud because they didn’t fight for the state to take us down like this.”
The KSBN is scheduled to issue a decision in the Gebhardt Case on December 9th. Gebhardt says the decision will be reviewed by the agency’s attorney, and if pursued further, it will be referred to Kansas Attorney General Kris Kobach for prosecution. But the nurse believes, based on an X posting by Kobach, that she has an ally in that office:
We reached out to the KSBN for comment on whether social media posts are covered under Statute 65-1120 (7) which reads: …unprofessional conduct as defined by rules and regulations of the board.
We received this response from Carol Moreland, MSN, RN, and Executive Administrator of the KSBN:
“The Kansas Board of Nursing has no comment at this time.”
