August 22, 2008

Botox and Ohio Nurses: This is only the beginning

Thank you Pat for emailing me this link.

What are the standards in your state related to Botox administration?

Do you see this as a victory for the expansion of the nursing scope of practice, an assumption of more legal risks, a case of employers asking nurses to "do more" but not increasing salary, or something else?

http://www.dispatch.com/live/content/business/stories/2008/08/17/Botox.ART_ART_08-17-08_D1_9CB1E66.html?sid=101

Here is the cut and paste:
 
Nurses can give Botox injections
But the procedure still must be done in physician's office
Sunday,  August 17, 2008 3:46 AM
 

Crystal Ford gets Botox injections to deal with wrinkles. "I tell everyone I'm growing old gracefully, just cheating along the way," she said.

Botox is booming, here and abroad.

And thanks to a ruling by the Ohio Board of Nursing, the wrinkle-smoothing toxin is likely to help some Ohio medical practices improve their own lines -- their bottom lines.

Last week, Allergan Inc., the pharmaceutical company that makes Botox, said its second-quarter profit rose 6.9 percent, well above analysts' estimates, largely because of robust sales of the facial treatment overseas. Overall, Botox sales jumped 13 percent, to $315.5 million.

A survey by the American Society for Dermatologic Surgery suggests that the use of Botox and dermal fillers is up in the United States, too, in spite of -- or perhaps because of -- the sagging economy and rising unemployment. In a news release detailing the findings, the organization speculated that "baby boomers may be looking to put their best face forward on the interview circuit."

In Ohio, Botox sales could get an additional boost from the recent determination that nurses can give Botox injections, provided that they first undergo special training.

The financial advantage is obvious: By assigning the duty to nurses, medical practices that offer Botox can treat -- and bill -- more patients. And because health-insurance plans typically don't cover elective cosmetic procedures, practices can deal directly with patients and charge, for the most part, whatever the market will bear.

In 2006, the most recent year for which data are available, physicians across the country charged an average of $492 for a Botox injection, according to the American Society of Plastic Surgeons.

Because Botox is a poison, some states explicitly forbid anyone other than a licensed physician to administer the drug.

Before the nursing board ruled on the matter last month, however, Ohio's nurses were operating in uncharted territory. Some were giving Botox shots -- and even determining doses. Others thought the procedure was beyond the scope of practice for nurses and therefore could be performed only by a physician.

"There was no specific prohibition," said Lisa Emrich, manager of the board's nursing practice, education and administrative unit. "It was becoming evident that physicians wanted nurses to do this, and there were no specific guidelines."

The board's decision came in response to a request by Dr. Fernando Colon, a board-certified plastic surgeon and associate medical director of the Skin Center Medical Spa in Gahanna.

Colon argued that allowing nurses to do the procedure would enable him and his colleagues to serve patients more effectively and efficiently.

"A well-trained nurse can continue to repeat this treatment, while I'm at the office doing other things," he said. "In a well-supervised environment, I think it is safe for a nurse to administer these Botox injections."

Colon's request, submitted last year, sparked months of discussion, much of it focusing on potential complications.

"What happens in a bad outcome?" board member Eric Yoon, a nurse practitioner from Springboro, asked at one hearing. "Just call 911?"

Ultimately, the board agreed with Colon but said nurses first must complete a "preceptorship," a period of practical experience and training supervised by a physician, Emrich said.

The board also determined that Botox can't be administered in homes, beauty salons or shopping malls, she said.

Still, some Ohio physicians aren't happy with the decision.

Dr. Michael Sullivan, a board-certified plastic surgeon in Columbus and former director of facial, plastic and reconstructive surgery at the Ohio State University Medical Center, had testified that Botox injections should be left to experienced plastic surgeons or dermatologists.

In unqualified hands, Sullivan said, the drug can cause a number of problems, including muscle weakness, drooping and bruising.

"We're going to hear of more and more complications and potentially deaths, because more and more physicians want to get out of insurance medicine and look at Botox and fillers and some of these quick procedures as a way to create a lucrative practice," he said.

In February, the U.S. Food and Drug Administration reported that Botox had been linked "to adverse reactions, including respiratory failure and death, following treatment of a variety of conditions using a wide range of doses." The most serious side effects stemmed from the "off-label" use of Botox to treat limb spasms in children with cerebral palsy, the agency said.

Last month, more than a dozen people filed a lawsuit against Allergan in California, where the company is headquartered. The plaintiffs contend that Botox injured them or killed their relatives and that Allergan failed to warn them of potential dangers.

Allergan said Botox has been used safely by millions of people.


August 18, 2008

Ohio Nurses call for change in prescription drug law

See this article

http://www.crainscleveland.com/article/20070702/FREE/70628013

Here is the cut and paste:

It’s 2:30 a.m. You’re an advanced practice nurse on staff at an acute care facility somewhere in Ohio. One of your patients wakes up, crying out with pain.

Your instinct, naturally, is to alleviate that pain. But it’s Sunday morning, and the 24-hour Percocet prescription you prescribed for the patient on Friday just expired, and state law forbids a refill.

At this point, the only way you can give her the medicine is to get approval from the patient’s physician.

Some say that’s exactly how it should be, and Ohio law backs up that sentiment. Others — including thousands of nurses — believe it’s time for a change.

Leading the latter cause is Jacalyn Golden, who works for the department of advanced practice nursing at the Cleveland Clinic.

As chairwoman of the legislative committee of the Ohio Association of Advanced Practice Nurses, she’s spearheading an effort to make Ohio the 32nd state in which advanced practice nurses (APNs) have the ability to prescribe Percocet and other highly controlled substances, without going through a doctor. APNs are registered nurses who have received post-graduate education to give advanced clinical care.

Currently, APNs are allowed to prescribe such drugs, but with limitations: only in 24-hour increments and with approval from the physician who initiated the medication.

The arrangement, Ms. Golden said, is “kind of ridiculous. … People who work up in intensive care, (seeing patients) with severe pain … they have to interrupt the surgeons to be able to prescribe, even though it’s well within their training.”

The Ohio State Medical Association, a membership organization advocating on behalf of physicians, is the Ohio Association of Advanced Practice Nurses’ primary opponent.

They argue that nurses, even APNs, aren’t sufficiently trained to diagnose independently within Schedule II, the contentious class of drugs that includes potentially addictive pain relievers such as fentanyl and attention deficit disorder medications such as Ritalin. (There’s no argument over APNs prescribing less-risky drugs in Schedules III through V.)

“Having the authority to prescribe for those drugs should really be guarded,” said Tim Maglione, the state medical association’s senior director of government relations. To give APNs the authority would “blur the line between the practice of medicine and the profession of nursing.”

Mr. Maglione said there is particular concern over whether APNs could prescribe medication in retail clinics or pharmacies. As for the bill, Mr. Maglione says the association hopes to work with the nurses for a “compromise.”

Ms. Golden is devoted to promoting Ohio House Bill 253, which would remove the restrictions and make Schedule II prescriptions a collaborative process between the APN and an Ohio Board of Nursing prescriptive governance committee, composed of physicians, pharmacists and other nurses.

Contained within the bill is language empowering the nursing board’s committee to determine which Schedule II substances a qualified APN can prescribe and under what circumstances.

The Ohio bill, sponsored by Rep. Scott Oelslager, R-North Canton, is co-sponsored by several other representatives and has support from several major health care institutions around the state, including the Cleveland Clinic and University Hospitals Health System, Ms. Golden said.

The bill, introduced May 31, has been assigned to the health committee, according to the Ohio Legislative Service Commission. It will be taken up again in the fall. If approved, it would then go to the Ohio Senate.

Lisa Emrich, manager of education and practice at the Ohio Board of Nursing, said the proposed change is rather small. “(APNs) already have the ability to care for these types of patients within their own practices,” she said. “There’s already quite a bit of oversight.

August 17, 2008

Changes in the Kentucky Nurse Practice Act; effective July 15, 2008

There have been changes in the Kentucky Nurse Practice Act effective July 15, 2008 that are significant for Kentucky licensed nurses.

For example, see KRS 314.091

http://162.114.4.13/KRS/314-00/091.PDF.

http://kbn.ky.gov/laws/.

August 16, 2008

Kentucky Nurse Indicted for Allegedly Knowingly Neglecting a Patient

See this press release issued by the Kentucky Office of Attorney General last month.

http://migration.kentucky.gov/Newsroom/ag/stacyharrisonindicted.htm

Cut and Paste below:

Office of the Attorney General
Attorney General Conway Announces Indictment of Kentucky Nurse for Neglect

Press Release Date:  Monday, July 07, 2008  
Contact Information:  Allison Gardner Martin
Communications Director
502-696-5651 (office)
 

Attorney General Jack Conway today announced that a Jefferson County Grand Jury has returned a felony indictment against a Kentucky nurse for allegedly knowingly neglecting an adult.

Stacy Harrison, a 48-year-old Licensed Practical Nurse from Jeffersonville, Ind. was indicted on Wednesday, July 2. According to the indictment, Harrison, while employed with Hurstbourne Care on March 8 and March 9, failed to respond to multiple requests to check on an elderly resident who was in the facility for rehabilitative therapy. The indictment further alleges that Harrison did not attempt to revive the resident after the patient appeared to have stopped breathing. The resident eventually died. Harrison faces up to 10 years in prison if convicted.

A criminal summons has been issued for Stacy Harrison, who is licensed as a nurse in both Kentucky and Indiana.

The indictment was sought by Attorney General Conway’s Office of Medicaid Fraud and Abuse Control. Citizens are urged to report suspected fraud or elder abuse by calling the Attorney General’s tip line at 1-877-ABUSE TIP (1-877-228-7384).

August 15, 2008

Criminal Activity question on the KY BON Online Renewal Application

See http://www.kbn.ky.gov/renewal

Renewal is online in Kentucky or you can pay an additional fee for a paper application.

There is a criminal activity question on the renewal application.

See page 20 of the Summer 2008 KBNursing Connection at http://kbn.ky.gov/NR/rdonlyres/BA3B72F4-0A01-4B2D-A010-EE9C31A80260/0/con_s08.pdf.

As always, do not wait until the last minute to renew your nursing license.

August 14, 2008

Kentucky Nurses Association (KNA) and its Union Separate

See http://www.kentucky-nurses.org/news2.htm.

Here is the cut and paste:

KNA And Its Union Separate

            On July 8, 2008 the National Labor Relations Board granted petitions (Amendment of Certification Petitions) filed by the KNA to permit the KNA Collective Bargaining Division to become its own independent union, separate from the KNA.  Effective immediately upon the signing and approval of those petitions on July 8th, the KNA Collective Bargaining Division became the Southern United Nurses (SUN).

            SUN is a newly formed and independent union that is not affiliated with the KNA.  As a result of this transition, SUN is the collective bargaining agent for the new union and the KNA no longer services a union.

            The effects of these developments on the KNA are expected to be positive, despite the initial loss of just over five hundred members.  While KNA membership numbers will drop, the financial impact will be positive.  During the last couple of years, the KNA’s expenses related to servicing the union exceeded the income provided by the union.  In addition, union-related costs were unpredictable and often sizeable.  The transition out of the union business will allow the KNA to stabilize its operating budget and more accurately project expenses and income in the future.  KNA expects the departure of the union to better position the KNA for growth and investment in new and progressive membership services and benefits.

KNA will actively encourage the members that have moved to SUN to join the KNA as individuals, even though they are no longer members through their union.   In addition, the KNA looks forward to embracing its future with a renewed energy and fresh perspective that will be channeled into an upcoming Membership Recruitment and Retention campaign to promote the benefits and value of the KNA to RNs throughout Kentucky.

 

August 13, 2008

Professional Boundaries Post Request for an Ohio Nurse and her Colleagues

I received the following email from a nurse yesterday:

Can you tell me about professional boundaries regarding RNs and behavioral health clients?  I am seeking direction in 'timelines' of appropriateness in establishing social relationships with prior clients. 

For example, is it 'ok' to have lunch with a former client?  (i.e. not a sexual boundary issue)  If so, what is considerate appropriate time-wise? 

As my peers & I discussed this, the next question was 'what about dating' a former client?  How much time needs to lapse for this kind of relationship to not be considered a boundary violation?

We've had no success in finding any real answers on the OBN website.  Maybe you have a blog about this -- if so, would you direct me where to find it. 

Thank you -- your website/blog is great!  If you don't have any current blogs on this topic, maybe you could take into consideration for future blogs. 

I appreciate any information you can share -- & I'll gladly share with my peers.

Thanks for your consideration!

******************************************************

Thank you Ohio nurse for contacting me and suggesting a post for my blog. I smiled when I read your email because I love it when nurses research the Nurse Practice Act and Board regulations then analyze and discuss how it applies to daily nursing practice. Now that's what I am talking about!!!

I actually have an article appearing in the next Kentucky Nurse, the newsletter of the Kentucky Nurses Association about professional boundaries and professional sexual misconduct.

I have published several peer reviewed articles on professional boundaries in nursing and professional boundaries and professional sexual misconduct is one of my favorite presentation topics. As a home care nurse, I have also encountered a number of boundary issues.  

I will link the KNA article to this blog post when its published in September 2008. Although I cannot provide you with legal advice and counseling and answers to your specific questions on this blog, I think you will find the article very informative.


 

August 12, 2008

How many conferences have you attended this year?

The fall will be here in no time and you know that means for nurses: conferences, seminars,in-services, and conventions.

How many have you attended this year?

I am attending the Kentucky Law Update next month presented by the Kentucky Bar Association for CLE. I need the credits for my Ohio, Kentucky and Indiana law license.

I am attending more webinars and teleconferences related to my law practice. I have attended three webinars offered by Lorman Education this summer and I will register for several more this year.

I will attend a program on chemical dependency offered by the Indiana State Nurses Association in Indianapolis in October. I will also attend the Ohio Attorney General Administrative Law Seminar this winter if its offered again.

I don't have to renew my Ohio RN license until 2009 so I don't really have to worry about CNE this year.

August 08, 2008

Will A Nurse Be Blamed for this Incident?

If you read this website then you know in my opinion, ---- rolls down hill in any healthcare facility and its usually the nurses who take the brunt and blame for an incident, occurrence, etc.

See this article on the Cincinnati Enquirer website about an illegal immigrant who was shot and ran over during an alleged robbery attempt. This guy was was shot and is now a parapalegic. He was awaiting trial and because the Sheriff's Office could not provide for his care at the local jail, the resident was being cared for at the Residence of Greystone, a nursing home with the Carrington System.

In all fairness, I must say that I have found that the Carrington System to be one of the few facilities in my opinion that work with nurses as far as workplace issues. Most facilities love the fact that nurses are at-will employed and use this to its advantage. But that's another post....

The resident was released and discharged from custody and its a big stink here in Cincinnati.

See http://news.cincinnati.com/apps/pbcs.dll/article?AID=/20080806/NEWS01/308060031&s=d&page=7#pluckcomments

August 07, 2008

Practicing Nursing Without a License

Do you think this is common?

Do you think this is more likely to occur in a hospital, nursing home, home care, clinic, out-patient setting, school of nursing, or another setting?

Is practicing nursing without a license a crime in your state? Felony or misdemeanor?

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