Nursing Law & Order

Two State Nursing Board Complaints Pending Simultaneously: Oh, and I don't Have Any Money To Pay

I was contacted by a nurse who is being investigated by two Nursing Boards and was looking for representation, counseling, and advising in both matters but could not afford to pay an attorney fees. Its becoming more common especially since I practice in Ohio, Kentucky, and Indiana to see these types of cases.

Attorneys are like nurses, we expect to be paid for the services provided. Would you work for free for a hospital, home care agency, or staffing agency? Of course not, so why would you expect your attorney to handle or assist you in your license defense case or a professional nursing practice matter for free.

I am being asked, why don't license defense attorneys take nursing license defense cases on a pro bono basis? Well let's see, pro bono services are usually provided to the low income, poor, and/or disadvantaged groups.

LPNs, RNs, and APRNs are not low income, poor, and/or traditionally disadvantaged groups in need of access to justice and pro bono services.

I am more willing to work on a reduced fee basis with a nurse with a suspended license seeking license reintatement, NCLEX-Applicant or a nursing student than I am with a licensed and practicing RN, LPN, or APRN. But that's just me and each call and case is different.

Contact The American Association of Nurse Attorneys (TAANA) at www.taana.org to see if there is a license defense or administrative law attorney in your state

http://www.probonoinst.org/

http://www.probono.net/

http://www.abanet.org/legalservices/probono/

Also I get asked, why don't you provide free legal consultations like most attorneys. If you contact my office, I will speak with you or return your email or fax. I will try to assist anyone because I like to help if I can or refer you to someone who can assist you if I cannot assist you.

I will speak with a nurse about a license defense case or a professional nursing practice, employment contract, etc. without charging a fee however, I will not provide any types of legal advice or counseling without establishing an attorney-client relationship or scheduling a legal consultation.

I have clients who pay me to represent them and I am working for them. I also have nurses who pay me for a workplace, career, or legal consultation and I am working for them. I am not working for you unless you pay me; just like you are not working a healthcare organization, unless you are being paid.

So yes, you can contact Attorney Z, who practice family law, criminal law, and zoning issues, who offers free legal consultations and receive advice on a Nursing Board matter or a professional nursing practice. I am not offended in anyway, shape, or form.

But just keep in mind when you contact an attorney today and you indicate that you needed assistance yesterday (meaning ASAP) in a Nursing Board or professional practice matter, the next statement, shouldn't be "Oh and I don't have any money to pay you."

Nursing Spectrum's Digital Magazine: This is the future of nursing publications

See http://www.nxtbook.com/nxtbooks/gannetthg/nursingspectrum_200907/#/0.

Online nursing journals and digital magazines are the future and it is good to see that Nursing Spectrum is taking the lead on this in nursing. I lke the format and the feel of this digital magazine and it can be stored electronically and accessed easily for future reference.

The future of nursing publications is online and its unfortunate that some many journals are still cranking out the hard copies of magazines and journals.

Frankly I don't have the urge to write and publish like I used to years ago because the internet and blogs have changed the playing field for a hands on practitioner such as myself. While it nice to see your name in print in a publication that maybe a few thousand may read, its even better for branding, marketing, and advertising purposes to have your materials available and accessible to ANY nurse on the internet.

Don't get me wrong there is a time and place for publishing for nurses depending on your title, experience, education, goals, and career plan. But for me, publication of an article here and there in a nursing journal is okay and being a Blog Master is my golden ticket to accessing potential clients and providing information ALL nurses who access my sites.

Kentucky Board of Nursing: I just received an Order for a Chemical Dependency Evaluation

If you received an Order for a Chemical Dependency evaluation from the Kentucky Board of Nursing, chances are you have already received and been notified of a pending complaint against your license with the Kentucky Nursing Board.

Contact a nurse license defense attorney or an administrative law attorney licensed to practice law in Kentucky with experience handling Kentucky Nursing Board cases. I represent nurses before the Kentucky Nursing Board. See www.nursing-jurisprudence.com.

You can't just ignore or blow off an Order for a Chemical Dependency Evaluation. You can also contact Maureen Keenan, the Executive Director of the Kentucky Nurses Association for information and general assistance. 

Kentucky Board of Nursing Complaint and You Have 15 days to Respond: Don't Go Willy Nilly

I received a phone call from a nurse this week who received notice of a complaint from the Kentucky Board of Nursing. Its on and popping in Commonwealth of Kentucky (and not just because of the possibility of casino gambling) because I have received several phone inquiries in the last two weeks from nurses in Kentucky with pending complaints.

The nurse wrote out a 36 page response (I am not kidding and this was the first red flag) to the Complaint and asked me if I would review the response. I informed the nurse that she/he could schedule a legal consultation with me and I could review the response and provide suggestions on the response after reviewing the complaint. I also informed the nurse that I was available to represent him/her before the Nursing Board.

Most nurses even in these tight economic times refuse to purchase professional liability insurance with a license defense benefit. Therefore whenever a complaint is filed with the State Nursing Board, if you want attorney involvement, you have to pay out of pocket for legal fees.

The nurse became upset because she/he was told to hire me by another nurse (thank you for referral) however the nurse has money to pay for my services, but wants to negotiate my fee or if I am willing to barter my services because the spouse of the nurse does website/blog design. Second red flag.

I am sorry that I cannot handle pro bono cases because we have a mortgage (actually two mortgage including our rental property) and bills just like everyone else. I really feel bad for some of the nurses who contact my office and who need legal assistance because as a license defense attorney, I know what is involved.

Maybe you can borrow the money, tap into your 401K or 403B. I had someone tell me jokingly several weeks ago in another matter that she was going to retain me even if she had to rob a bank. She then said she was just kidding and I am glad she did because I was going to have to contact State Bar Association ethics hotline to determine how to handle a prospective client who is threatening to commit an illegal act to retain my services. You can't tell an attorney you are planning to commit an illegal or criminal act in the future; we are officers of the court and we have codes of professional conduct and ethical canons, you know.

Okay now what? If a complaint is filed against your license with the Kentucky Nursing Board and you have 15 days to respond you can:

1. Retain a license defense attorney;

2. Seek assistance from a colleague to formulate your response, which is what I am told lots of nurses do anyway. I think this is a scope of practice issues but that's just me.

I was actually contacted by a nurse in Kentucky who was issue spotting for another another nurse involved in a Nursing Board complaint. WTF, do you think as a license defense attorney I am going to assist you in the unauthorized practice of law and practicing outside of the nursing scope of practice. This nurse also told me that she is very successful in drafting these responses and has had several cases closed.

Damn, I guess I didn't need my law degree to do this type of work after all;

3. You can draft your own response and submit all 36 pages of your response to the Board;

4. You can not respond;  or

5. You can consult with an attorney before submitting your response and seek limited legal counseling.

See www.nursing-jurisprudence.com for information about my law practice if you are involved in a matter before the Kentucky Nursing Board.

You are a professional and you can do anything of the above.

I can't tell you what to do however I would not advise you to contact a license defense attorney and/or the Board, swear and curse at the Board staff and/or the attorney about the complaint being filed, state you are going to sue everyone and their momma in the Nursing Board office including Board members for defamation and libel, and/or how you are NOT going take this anymore. http://www.youtube.com/watch?v=wJX1fEINRvs 

Don't do this to a license defense attorney; the attorney may not want to work with you. Imagine that? Third red flag, the nurse started yelling at me.

I just calmed the person down  and said I am unavailable and referred the nurse to the State Bar Association. I woudn't dare refer this type of prospective client to another license defense attorney.

If you don't know how to talk to me or my staff, then don't call my office or have someone else call for you. I am here to help you. Years of experience however has taught me to avoid some cases and prospective clients like a bride trying to avoid sweets and Pepsi days before her wedding. Yes, that's me baby!!!! 

Can you tell a nurse contacted my office really out of control this week?

Sometime I feel as if I am a criminal defense attorney or a family law attorney because emotions run high also in license defense cases; you are walking a tight rope without a net sometimes in these cases.

The Nursing Board deals with all types and personalities with nurses being investigated and the Boards are extremely cautious and rightfully so in these matters. You don't want to go there with the Nursing Board by losing your cool, making threats or what could be perceived to be threats, and going all willy nilly.

Again, if you cannot maintain your composure or objectivity in a Nursing Board matter, hire an attorney. If you cannot maintain your composure long enough for the Law Office of LaTonia Denise Wright, LLC to assist you, please do the following:

A. Move on to the next license defense attorney on your list; 

B. Don't contact the Law Office of LaTonia Denise Wright, LLC ever again in your natural life; and 

C. Talk a chill pill; you are going to stroke out before the Nursing Board investigative process unfolds at the rate you are going.

Go LaTonia, its your birthday and your blog is listed on the Top 50 Blogs for Nurse Practitioners

From 50 Cent of course. Don't click on the link unless you handle the language. http://www.youtube.com/watch?v=mZ72C3tjoPY

Happy Birthday to Me. I turned 38 y/o's old today and I am getting too damn close to 40 for my own liking. I remember turning 30 and thinking the world was ending because I could no longer say I was in my twenties. My son is dealing with this himself as he will be 20 this year and will not longer be in his "teens." Don't frown.

What a treat I received this morning already. I was notified this blog, Nursing Law & Order is No. 27 on the Top 50 blogs for Nurse Practitioners and is listed under Nurse Industry Goodies. http://www.youtube.com/watch?v=teB9twb5su4

The Top 50 blogs for Nurse Practitioners notes that Nursing Law and Order "focuses on the legal aspects of nursing, this site offers concise updates that are ideal for reading over breakfast before beginning your day." http://onlinenursepractitionerschools.com/?page_id=17

Now that's what I am talking about, eat your oatmeal, drink your coffee or Pepsi, and kick the day of with me on Nursing Law & Order!

Ohio Medicaid Waiver Program-OHPCAN Alert

July 02, 2009   Help Save Ohio's Waiver Programs   While state programs adjust to the 70% funding levels of the 7-day interim budget, lawmakers turn their attention back to figuring out where they can find dollars to fill the $3 billion hole in the biennial budget. Waiver programs, considered optional under Medicaid, are being eyed as possible sources of revenue.  You heard that right-legislators are looking heave the budget burden onto the shoulders of Ohio's disabled and elderly citizens. CALL YOUR LEGISLATOR TODAY AND TELL HIM/HER  THAT WAIVER PROGRAMS, LIKE PASSPORT AND THE OHIO HOMECARE PROGRAM, ARE VITAL TO THE HEALTH OF VULNERABLE OHIOANS. Mention that: ·         Home care has been shown to save tens of thousands of dollars annually per beneficiary, since home care costs only a fraction of what facility-based care costs. ·         People will still seek care if they do not receive supportive services, but they will seek it in costlier settings. This will result in higher rates of hospitalizations, increased enrollment in costlier settings such as nursing facilities, and increased reliance on already-strained informal caregivers. ·         The Ohioans most likely to be hurt by cuts to waiver programs are the most vulnerable Ohioans: those suffering chronic debilitating disease or those coping with long-term disability. Your patients need you right now to be their advocate. Call your state Representative and Senator TODAY to tell them how important waiver programs are to the most vulnerable Ohioans.  You can find your legislators' phone numbers by visiting  http://www.legislature.state.oh.us/ and using the "Locating Legislators" tool for your home address. Please call them rather than writing or emailing.   It is the only way to guarantee your message is heard by a real person who can communicate the importance of hospice to your legislator. It is particularly important if your Representative or Senator is one of the Conference Committee members, since they will have the most direct impact on the budget negotiations. Conference Committee members are: Governor Ted Strickland                614-466-3555  Senator John Carey                        614-466-8156  Senator Dale Miller                        614-466-5123  Senator Mark Wagoner                  614-466-8060  Senator Tom Niehaus                     614-466-8082  Representative Vernon Sykes        614-466-3100  Representative Ron Amstutz         614-466-1474  Representative Jay Goyal              614-466-5802  Representative Linda Bolan          614-466-8022 On behalf of the Ohio Home, Hospice & Palliative Care Advocacy Network, thank you in advance for your commitment and advocacy for those Ohioans facing serious illness.  Please contact Susan Wallace, Public Policy Coordinator by emailing susan@ohpco.org if you encounter any difficulties, or if you need additional information or support.  ©2009 Ohio Hospice & Palliative Care Organization Ohio Home Care Organization 555 Metro Place North, Suite 650 :: Dublin, Ohio 43017-1375 (614) 763-0036 :: 1-800-776-9513 :: fax (614) 763-0050

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OH RNs and License Renewal: Don't Panic as You still have Time

This is an email sent out to those subscribed to Ohio Nursing Board alerts:

News 06/30/2009 Online Renewal Availability Update

We have been notified that on-line renewal for nurses will not be available at this time. The state continues to work toward a resolution of the problems with the system.

 

Due to these problems, the Board will waive the late fees usually imposed in July for this licensure renewal period.

 

We are preparing paper renewal applications and will automatically mail the applications to all nurses who have not completed the renewal process. Your license and/or certificate expiration date is still August 31, 2009. As always, your renewal application must be postmarked by August 31, 2009 or your license and/or certificate will lapse.

 

Please do not contact the Board to request a renewal application, as we are dedicating all staff resources to expedite this special renewal application mailing.

 

When the Board has additional information about the status of on-line renewal and the timeframe of the mailing, we will post the information on this web site.

--------------------------------------------------------------------------------------------------

 

Don't forget to renew your RN license, Certificate of Authority (COA), and Certificate to Prescribe (CTP).

Jack is Back! I am pleased to have Jack Stem, a colleague and a friend assisting me

I love Jack. He is such a good guy and we have worked over the last year on several projects.

I am referring to Jack Stem, of course. See http://www.peeradvocacyforimpairednurses.com/. See also http://www.selfgrowth.com/experts/jack_stem.html.

I have planned for more than a year or so to bring a nurse on board in some capacity to assist me with my law practice because I have more and more cases involving DUI/OVI/DWI, alcohol abuse, addiction, criminal convictions where drugs and/or alcohol is involved, controlled substances, dual diagnosis, prescription falsification, etc. 

I just needed to find the right person and I have found the right person to assist me in my law practice.

Chemical dependency and addiction cases with nurses are complicated and the licensure aspects can take years to resolve. These cases are not cut and dry; but maybe that's just my law practice....

Jack is in recovery as a former CRNA in Ohio. He works with the Ohio Association of Nurse Anesthetists Peer Assistance program and is "all over and on top of" addiction and dependency issues in nursing especially in the Ohio, Kentucky, and Indiana tristate area.

Jack is a recovery coach and provides services to nurses in his companies as well. Jack and I are co-presenting a series of CE events for nurses also this year.

Jack is coming on board as an independent contractor to assist me in my law practice starting in July. He will be assisting me with my clients who are in recovery as we wind through the disciplinary investigation, adjudication or settlement, post-discipline monitoring, reinstatement/monitoring, and/or State Nursing Board alternative program process.

Thank you again, Jack for all that you do and I am looking forward to working with you yet again and welcome aboard.

Jack Stem, CEO 

Peer Advocacy for Impaired Nurses, LLC

http://www.peeradvocacyforimpairednurses.com

Cincinnati, Ohio 45230

513-833-4584

jack@jackstem.com 

Mixed and Messy Means More Money: State Nursing Board Action & Parachuting into another Attorney's case

The month of June has been off the rack busy (street lingo for really busy) for me between my law practice, my consulting projects with the Center for American Nurses, yard work, and the upcoming wedding.

First in State Nursing Board matters, like any other matter involving a federal, state, or local government, court, or agency, you can represent yourself. Self-representation is a right in our justice system and lots of individuals represent themselves and study up on the law and procedures and do just fine proceeding pro se.

The majority of nurses in State Nursing Board matters do not have attorney representation; I think its because of attorney fees, not seeing value in attorney representation, and a failure to appreciate the adversarial nature of these matters. Its not just about attorney fees because nurses make good wages.

Some nurses hire attorneys when involved in a State Nursing Board matter whether its a license defense attorney, criminal law attorney, general practice attorney, ect.

Attorney-client relationships are professional and for whatever reason don't always work out and the attorney and/or the client can terminate the professional attorney-client relationship. I have fired many clients and I have had two clients fire me in my 8 years of solo law practice. It is not that uncommon.

However I always see red flags when I am approached by a nurse who was/is represented by another attorney in a pending license defense case, has bad and/or very negative things to say about that attorney, and is seeking my assistance. Why? I don't want to become the next "shitty attorney" on the client's laundry list of legal practitioners. http://www.thefreedictionary.com/shitty

I value my reputation.

Its mixed and messy when you parachute into a pending case and pick up a file that another attorney has worked. When I first started practicing as a solo in 2001 and for the first few years, I would roll up my sleeves, place the Ibuprofen 800mg next to my can of Pepsi, and take these types of cases without blinking twice.

But at age 37 and with 12 years of law practice and 8 of those in my own firm now and practicing primarily in nursing license defense and nursing matters, I pause, review the file, meet with the client, and charge a hell of a lot more money than I usually would because I know its going to be mixed and messy, baby. 

In my firm, mixed and messy means more money.

 http://robertplattbell.blogspot.com/2007/10/problem-clients.html

From the Nursing Law Bandit: If you a Nurse and you are charged with a DUI, DWI, or an OVI, hire a Traffic Law Attorney or DUI defense attorney

I enjoyed the material from the two "one" hour presentations at the Cincinnati Bar Association. Most of the attorneys present were criminal defense attorneys and several were traffic law and DUI specialists, i.e. these attorneys limit their practice to traffic law and DUI cases.

If you are a nurse and you are charged with a OVI, DWI, or DUI, you want to hire a criminal defense attorney. I would suggest that you take it step further and hire a criminal defense attorney who limits their law practice to DUI cases and/or traffic law cases. You want a specialist even though the attorney may not be able to call him or herself a specialist under the ethical canons.

You want an attorney who knows DUI and traffic law front and backwards and sideways from the arrest and investigation stage to the sentencing and post-sentencing phases. Like Chuck Strain in Cincinnati, Ohio, who calls himself the DUI Guy.  http://blog.lawinfo.com/2007/02/21/cincinnati-dui-lawyer-chuck-strain-is-a-frequent-speaker-at-dui-seminars-2/

This is my 4th DUI course in a less than a year (I don't miss these) and I don't practice criminal law. I am certainly not a DUI or traffic law practitioner but I am seeing so many cases in my license defense practice involving DUI the last 2 years that I have to get a better feel for the issues involved with these cases because nurses with DUIs are required to self-report this information at some point to the Nursing Board, depending on the State, of course.

Can I refer to myself as the Nurse License Gal? Its not as catchy.

Maybe Nurse Attorney for a Nurse License? Too wordy.

I personally like my handle (no I don't have CDL license or drive trucks on the side for additional income) and codename, Nursing Law Bandit. What is your handle, code name, or alias?

10-4, good buddy. http://answers.yahoo.com/question/index?qid=20080704221419AAde0ha. I am sure you have watched Smokey & the Bandit or was it just me growing up?

Kentucky Holistic Nurses Association July 2009 Program

KYANA Holistic Nurses Association July Program
You're Invited!   RSVP khnaprogram@khna.net
More Events   Aug 17: "The Hakomi Method of Healing" with Daniel Lally & Dr. Sean Brady   "Soul Party" Workshop Series with Virginia Drake  Aug 22, Sept 19, Oct 23   Sept 21:  2010 Health & Healing Conference Planning Meeting   Dec 14:  Annual Holiday Party     KHNA Leadership Council   Network Leader: Carol Ryan RN, MSN  jjimages7@aol.com   Co-Leader:  Kim Evans ARNP, CNS-BC,  AHN-BC  kevans26@bellsouth.net   Membership:  Cedaliah Melton RN, MSN, ARNP, FNP-BC  c.melton@insightbb.com   Treasurer:  Mary Corbett RN, BSN mlcorbett@insightbb.com      Secretary: vacant                  "Planting the seeds for Holistic Health & Healing"       Quick Links KYANA Holistic Nurses Association  www.khna.net American Holistic Nurses Association  www.ahna.org Occupational Kinetics LLC  www.myockn.com Daniel Lally www.bodycenteredsolutions.com  Virginia Drake  www.revisions.us Rainbow Spiritual Education Center www.rainbowspiritualeducationcenter.org		"How To Develop A Safe & Healthy Home Environment"   DATE: Monday, July 20th TIME: 7-8 pm LOCATION: Occupational Kinetics 13100 Magisterial Drive Suite 100 - Education Center Louisville, KY 40223  (502) 245-0767    Eric M. DeYoung, OTR/L, CES, ICFE, CDA, FABDA, HHP, NPRS, NDc   5 Basic Principles to Consider: Clean Air Clean Water Clean Environment Healthy Food/Supplements Safety I will discuss: The Myths and Facts regarding cleaning supplies What does "natural" really mean (not always safe) Organic foods vs. conventional foods Latest news reports about environmental health and supplemental awareness (there are 41 OTC vitamins that are highly toxic) Provide references and web links for more homework on chimicals in your baby shampoos, make-ups, hair colors, etc!   Eric M. DeYoung, OTR/L, CES, ICFE, CDA, FABDA, HHP, NPRS, NDc is experienced as a board registered and licensed Occupational Therapist in Kentucky and Indiana, doctoral training as a Traditional Naturopath practicing Homeopathy and Traditional Chinese Medicine, a certified Holistic Health Practitioner and a Neuro Physical Reprogramming Specialist through the California College of Natural Medicine. Additional training includes certification and competency in manual medicine such as Myofascial release/mobilization, Cranial sacral therapy, Reiki, Acupressure, Meridian therapy, Body reading, and Neuro-Muscular Therapy.   Practicing as an Occupational Therapist, Eric is also certified as an Ergonomics Specialist, Disability Analyst, International Certified Functional Evaluator and Fellow of the American Board of Disability Analysts. He has taught adjunctively graduate and doctoral level students Introduction of Occupational Therapy, Applied Kinesiology, Gross Anatomy, Ergonomics and Industrial Rehabilitation at the Spalding University Aurbach School of Occupational Therapy, Jefferson Community College (Junior College of the University of Kentucky) and Indiana University.   In 2003, Eric opened Occupational Kinetics at the Center for Alternative Medicines in Louisville, KY as a fully integrated complimentary and alternative medicine center incorporating allopathic as well as naturopathic healing principles for patients interested in natural non-prescriptive medicine modalities. The center features Naturopathy, Homeopathy, Traditional Chinese Medicine, Physical Medicine & Rehabilitation, Occupational Therapy, Physical Therapy, Massage Therapy, Exercise Physiology, Pediatrics, Holistic Dentistry and offers a variety of homeopathic remedies invented by Dr. Theresa Dale as well as nutritional supplementation and natural skin care products.   Eric's treatment philosophy is rooted in the field of Functional Medicine which believes that the core clinical imbalances that underlie various disease conditions arise as environmental inputs such as diet, nutrients (including air and water), exercise, and trauma processed by one's body, mind and spirit through a unique set of genetic predispositions, attitudes and beliefs.

Can I borrow $350? I will pay you back next Tuesday

I received my Supreme Court of Ohio 2009-2011 biennium certificate of registration in the mail yesterday. This is the year where I have to renew my Ohio RN license and my Ohio, Kentucky, and Indiana law licenses. I may need a second job just to pay my license registration fees.

The fee to register and renew my law license is $350.00 every two years in Ohio. The fee is due September 1, 2009 and I have it on my paper and e-calendars.

If I didn't have to pay my fee, what would I do with the $350?

* spend $75.00 at Walmart;

* spend $75.00 at Lowe's;

* spend $75.00 at Old Time Pottery;

* spend $75.00 at Dillards (I need a new pair of black patent leather open toe pumps and one or two tubes of Fashion Fair lipstick and lipgloss); and

* spend $50.00 to renew my tags on my truck. My birthday is next week and I am not doing my usual which is driving until the end of July or the beginning of August on expired tags because I don't want to go to the BMV.

I am going to the BMV on my birthday this year. I have to go to the BMV and can't do this online because I didn't renew my tags last year (my truck which has a rebuilt engine was in the repair shop most of 2008). I finally have my yellow truck back and I can't wait to drive it.

I did it, I did it, I violated the Nurse Practice Act!

I presented an Ohio nursing law and rules program for VITAS this week at Drake Hospital and after the presentation I was approached by several nurses. Download CenterarticleBOARDofNursinginvestigations. Since I represent nurses before the Ohio Nursing Board and with any CE presentation, the material is presented in a balanced and neutral fashion of course.

One nurse asked about legal nurse consulting, another asked about professional liability insurance, one was involved in a pending investigaiton before the Ohio Nursing Board, and one was being monitored by the Ohio Nursing Board.

The nurse involved in the pending investigation before the Board is representing herself and not doing so well at representing, counseling, and advising herself. She has provided inconsistent statements: one to the Nursing Board and one to her employer and has taken some other actions which really cast a shadow on her credibility. She met alone with the Nursing Board investigator who really grilled her on her lack of documentation of controlled substances. A criminal charge may be forthcoming.

I think the nurse is looking at being disciplined by the Ohio Nursing Board at some point in the future and if she contacts me and schedules and pays for a consultation, I will tell her this. But what struck me from my brief conversation with the nurse was the failure to grasp the seriousness of the allegations in the pending Nursing Board matter,the impact the accusations can and will have on her nursing career, and the real possibility of a criminal indictment. You cannot play around with the documentation of controlled substances.

The nurse being monitored by the Board told me she was tricked into the signing the Ohio Nursing Board Consent Agreement. I don't know how one as a professional can be tricked into signing a document and mailing it back to the State Nursing Board (which is over 80 miles away) but I explained to her that she is a professional and as a professional, she is accountable for her practice and actions.

If she had concerns about signing the Consent Agreement, she should have considered her options and spoke with an attorney before signing the Agreement, which is a legal and binding contract. Saying she was tricked into the signing the Agreement makes what is a professional matter sound like a personal matter and is not an accurate statement in my opinion. 

You can't be tricked into signing a Consent Agreement, Agreed Order, Settlement Offer, Recovery Monitoring Agreement, etc.; either you sign it or you don't. In general, State Nursing Board staff (attorneys, compliance agents, investigators, monitoring agents, etc.) are not police officers or law enforcement officials and do not hold you a room for hours on end, questioning you in a warm and dark room with a single light bulb hanging from the ceiling until you cave in and sign an agreement and scream "I did it, I did it, I violated the Nurse Practice Act."

Bootleg Attorneys: Chemical Dependency Counselors, Therapists, and Evaluators Giving Legal Advice to Nurses

I spoke with a nurse this week who was ordered to evaluated for chemical dependency evaluation by the State Nursing Board in response to the complaint involving allegations of impairment and suspected drug diversion.

The chemical dependency evaluator told the nurse, "if you are guilty, you don't need an attorney, but if you are really innocent, then you should hire an attorney."

What the frack does that mean? I think this evaluator has watched too many episodes of Law & Order or CSI. Guilt and being innocent are terms more relevant in a criminal case, not a State Nursing Board matter.

I hear this all the time from nurses who then rely on this "I am not an attorney but...." type advice.

I really wish chemical dependency counselors, therapists, and other folks without a law degree and a state law license would stick to their scope of practice, do what they were trained to do, and stop giving legal advice to nurses and stop trying to counsel and advise nurses on their legal options in these types of cases.

Also nurses, stop asking for and soliticing this type of advice from evaluators, counselors, and therapists because most of it is not accurate anyway in my opinion.

Yes, I am a little hot under the collar because these therapists, counselors, and evaluators wouldn't pull this crap with a physician or dentist. They would stay in their place and provide the services they were asked to provide.

What is it about nurses and a nursing license that makes everyone and their mother qualified to be a bootleg attorney and ready and willing to provide legal advice and counseling on something so important as the life, livelihood, and career of a nurse? http://en.wikipedia.org/wiki/Bootleg

Although working in some healthcare facilities may feel like jail, nurses you are not in a prison environment where you need to rely on the advice of a bootleg attorney. Talk to a license defense attorney about a State Nursing Board matter.

Hiring an Attorney before the State Nursing Board: costs of legal services and the location of the attorney

I spoke with a nurse this morning who had some concerns about an attorney the nurse retained. This is important; if you are having issues with your attorney (your attorney is not returning calls, you don't know what's going on with your case, etc.) you should address those issues with your attorney. I never comment on another attorney because that is not professional and its is not my place.

This nurse decided to retain the attorney because the attorney's fees were cheaper than the fees of other license defense attorneys the nurse intially spoke with (including my fee) and the attorney's office was closer to the nurse; the other attorneys were based in other cities (including my office).

First, don't hire an attorney based on the cost of legal services alone, cheaper isn't always better and more expensive isn't always better but you have to find an attorney that you are comfortable with and who you trust to handle your matter. Cost alone should not be the deciding factor and you also want to look at how promptly does the attorney return calls, communicate with you, how accessible is the attorney, experience of the attorney, etc.

Second, with technology and in license defense cases, its doesn't really matter whether your attorney is 5 miles away or 250 miles away for the most part. This isn't a criminal case or a civil case, it is an administrative law case. This is an important distinction. Just because your attorney lives around the corner doesn't necessarily mean you are going to see your attorney more frequently in a license or that your attorney will be more accessible in a license defense case.

Geography isn't an issue in license cases. For example, I live in Cincinnati, Ohio and I represent nurses throughout Ohio, Kentucky, and Indiana. The State Nursing Boards in Ohio, Kentucky, and Indiana are a 75 to 100 minute drive for me. I can drive to Columbus with my eyes closed and I can drive to Louisville backwards; I have to pay attention driving to Indy because of deer and patrol cars however.

I schedule in-person clients with clients and do phone meetings, emails, text, fax,  and whatever is needed to be accessible to clients. I have had client meetings as far Evansville, Indiana (we packed a lunch), Bowling Green, Kentucky (you lose cell phone reception driving there and its a different time zone), Youngstown, Ohio, Gary, Indiana, and Ashland, Kentucky (We stay in West Virginia and I meet with clients from Ashland and Ironton, Ohio). I like to play the 25 and 50 cent slot machines so if you live near a casino and you retain me, I will be coming to see you.  

I know money is tight and the majority of nurses don't have an individual professional liability insurance policy with a license defense benefit. Therefore if a complaint is filed with the Nursing Board and the nurse wants attorney representation, the nurse has to retain a private attorney and eat the costs associated with attorney representation.

Do your research before you retain any attorney and speak with more than one attorney. The cost of representation and the location of the attorney who be a consideration of course but you also want to take into account other factors.

The Center for American Nurses has information in its legal portal related to selecting an attorney. See www.centerforamericannurses.org.

What is the Connection between Hi, I am Al, welcome to Walmart, ignoring the State Nursing Board, and "paying some attorney"

I know this seems obvious and like a no brainer but if you are being investigated by the Board, don't blow off the Nursing Board. What is blowing off the Nursing Board? This includes but is not limited to:

1. Not responding to the accusations in the complaint;

2. Not opening correspondence from the Board;

3. Moving and not updating your address through the proper Nursing Board channels during an investigation and adjudication;

4. Not returning phone calls from Nursing Board staff related to the investigation or adjudication; and last but certainly not least

5. Not responding to a Order for a Chemical Dependency Evaluation, Order for a Mental Health Evaluation, or an Order for a Physical Evaluation.

I am speaking with more and more nurses who are failing to appreciate the seriousness of the State Nursing Board investigation and adjudication process and who assume a very carefree and laid back approach and attitude in these cases until its crunch time.

I don't know about you but my licenses in addition to being my livelihood are my life and my identity, I am a RN and an attorney, and I would not ignore or blow off anything I receive from the Ohio Nursing Board or the Ohio, Kentucky, or Indiana Supreme Court.

There is a benefit to having attorney representation in these cases as your attorney can advise you of the substantive and procedural issues in these cases and represent, counsel, and advise you.

I know you have better things to do with your money than "pay some attorney" (as a nurse told me this morning) but "paying some attorney" depending on the allegations in the complaint and the evidence gathered and uncovered by the State Nursing Board, may make the difference between you being able to say "I am Nurse Al and I will be your nurse from 7pm to 7am" vs. "Welcome to Walmart, my name is Al."

Today is the second day of summer and its going to be a long and hot summer at my law practice with very interesting cases with nail bitting twists, factually intensive scenarios with lots of left and right turns because its usually not very straightforward, legal maneuvering and excitement, and good old fashion "defecation hitting the ventilation."

The End of Lawyers? Not I says the Ohio Nurse Attorney and who is California Dreamin'

At the American Bar Association Techshow 2009, Dr. Richard Susskind gave the keynote address, The End of Lawyers? Rethinking the Nature of Legal Services. Although I was not able to attend (I have already registered and paid to attend three conferences this year and did not attend a single one for whatever reason; from this point forward its pay at the down for me only) I downloaded this keynote address to my blackberry and I have listened to it several times.

He remarked that clients want attorneys who are and act like a fence before you reach a steep cliff, not attorneys who act and who are the ambulance and clean up crew after you go over the cliff. According to Dr. Susskin, risk management is part of the future of legal services.

Managing risk is not something that nurses are trained and accustomed to doing in practice because legal issues are not front and center in the practice of nursing. Most of us as nurses are not in tune with legal issues and the risks associated with practicing in a highly regulated healthcare environment.

I feel invigorated after listening to Dr. Susskind's keynote because I am a dreamer and I dream of the possibilities for my niche practice. I see professional and personal freedom and maybe a four person sauna in the backyard. I really want a sauna, but Barry says no!

Stay tuned because I am rolling out a something new for my firm along with something old, borrowed, and blue.

What you are dreaming about and planning to make happen in your nursing career? http://en.wikipedia.org/wiki/California_Dreamin'

Its back on like Donkey Kong! 07/08/09 is our special day.

We leave the Las Vegas for our wedding in exactly two weeks. We are getting married and yes, the wedding is on like Donkey Kong. I have received so many calls from concerned clients and colleagues asking if everything was okay because we postponed the wedding initially. Thank you for your words of support and encouragement. I didn't know that many folks followed the blog!!

We have some friends and family traveling with us to Las Vegas for the wedding and we will have a cake and champagne reception at our home the Sunday we return. We are going to have a blast. My birthday is July 2nd and my fiance's birthday is July 28th. Our anniversary will be on July 8th which gives us a reason (as if you really need a reason to entertain) to have more pool parties and card games during the month of July.

I am taking my laptop and cell phone with us to Las Vegas and I plan to do some work early mornings and respond to emails and client phone calls as needed. My grandfather had surgery in May and he is still recovering therefore he may not be able to make the flight to Las Vegas but both of my grandmothers will there at my side (I was raised primarily by my grandparents) along with my son and of course my man.

Onward and Forward!

Emerging Legal Issues in Nursing: Professional Boundaries and Professional Sexual Misconduct

The Center for American Nurses Presents Emerging Legal Issues in the Nursing Workforce Series  Emerging Legal Issues with Professional Boundaries & Sexual Misconduct  Wednesday, July 15, 2009      7:00 - 8:15 PM Eastern Time Presented by LaTonia Denise Wright, RN, BSN, JD   Register What are professional boundaries? Nurses role in establishing and maintaining boundaries Types of professional boundaries cases; common scenarios; statistics Boundary Crossings and Boundary violations Overview of professional boundaries and professional sexual misconduct literature What is professional sexual misconduct? National Council of State Boards of Nursing and professional misconduct research and articles State Boards of Nursing and professional boundary/PSM investigations and adjudications Future implications for the nursing workforce with professional boundaries CNE Credits per Webinar:  1.25.  Cost:  Member price:  $49.95; Non-member $69.95.  Cost is per site.  Any number of nurses can attend per site.  Webinar time inconvenient? All registrants have access to the recorded webinar upon request.  For more information, call 1-800-685-4076. or email laurel.blaydes@centerforamericannurses.org

Hot, Heavy, & Heated: Criminal Convictions and State Nursing Board Investigations in Two or More States

Hot, heavy, and heated is not a reference to White Castle's coffee!

If you are convicted of crime and you are licensed to practice nursing in more than one state, pull out the checkbook or complete the 401K or 403B withdraw form, because you are going to need a few thousand dollars.

First of all, if you are a RN, LPN, or APRN and you have been charged with ANY crime from a simple assault to a DUI, DWI, OVI to theft of drugs regardless of whether its a felony or misdemeanor, chances are you need to retain a criminal defense attorney and license defense attorney. 

I have been told six times this year "my criminal defense attorney said this was a good deal." This was and is still probably true but your criminal defense attorney isn't looking at your case from a license perspective. Your criminal defense attorney is trying to keep you out of jail and assisting you with navigating the criminal justice system.

But guess what? Just when you think everything is over,  you can move forward and its safe to go in the water, here comes the State Nursing Board reviewing the criminal conviction and surrounding circumstances.

I find nurses do hire a criminal defense attorney for representation in criminal matters but then represent, counsel, and advise themselves (some nurses do a  good job, some do okay, and some do a very poor job and really screw things up) before the State Nursing Board in State A; then here comes State Nursing Board B because the action from State A was reported to State B.

By the time, this nurse gets around to contacting a license defense attorney in State A or B, the matter is hot, heavy, and heated.

I charge a flat fee for representation and I charge more for hot, heavy, and heated! Attorneys who bill by the hour will bill (and probably kill to have) more hours for the hot, heavy, and heated also because its more complicated and it takes longer to review and swim to the bottom of a pool of paperwork. Can you tell our swimming pool is open?

We are all professionals and you have a right to represent yourself in any matter involving the government or a govermental agency. Remember you are making decisions that will impact your life and career in nursing and after a criminal conviction, you will still have a life but you may need a second career outside of nursing.