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December 11, 2007

Are You Engaging in the Unauthorized Practice of Law?

This article appears in the Fall 2007 Momentum, a publication of the Ohio Board of Nursing, on page 6. The question is directed to nurse educators and faculty and notes "faculty members or administators may encounter situations in which a nursing student seeks help in addressing questions on the licensure applications that could be construed as legal in nature." See http://www.nursing.ohio.gov/publications.htm.

What's the bottom line? A nurse unless you are a licensed attorney in your state, you should NEVER give another nurse or nursing student any legal advice or counseling about a professional practice matter which includes the completion of Board of Nursing Applications for Initial Licensure and Endorsement.

I blogged about this issue a few months ago as I am finding that more and more nursing students and nurses receive "legal advice" from non-attorneys about disciplinary investigations and professional practice matters. If you want to practice law, graduate from law school and pass a state bar exam. No exceptions.   

December 05, 2007

Are you a Nurse?

My grandmother had surgery on Friday and will be hospitalized for 7-10 days. I spend most of my days at the hospital with her. My 6 y/o nephew, who was diagnosed with pulmonary hypertension and ASD is scheduled for a cardiac cath on Friday and will be hospitalized for 3-4 days. I will spend this entire week and two or three days of the following week at Cincinnati Children's Hospital and University Hospital.

When a family member is hospitalized, how do you respond when you are asked, are you a nurse? Maybe I should using legal terms like negligence, licensure defense, liability, and assumption of the risk; do you think someone will ask, are you an attorney?

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