My 2 Cents

Let the Litigation Begin!

Thank you Pat Kane, a fellow RN and member of the New York State Nurses Association for this information. Three New York nurses filed a lawsuit against the New York State Nurses Association in federal court. See http://www.nysun.com/article/69954?page_no=4. The lawsuit was filed in Federal District court in NYC on Jan 10, 2008. 

According to the article, Patricia Leo Holloman, Lorna Samuels, and Judy Sheridan-Gonzalez claim that the New York State Nurses Association has prevented them from taking part in membership activities because the nurses opposed the New York State Nurses Association's disaffiliation from the United American Nurses. In a complaint, the nurses said the union punished them for forming a group that campaigned against the disassociation, called the NYSNA Nurses for Unity. The lawsuit seeks the restoration of their membership and leadership positions within the union.

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The saga continues and surely there will be additional lawsuits filed in the future regarding the ANA, UAN, and Ohio, Oregon, Washington, and New York Nurses Association debacle. Litigation serves many purposes in our society and I hope what emerges is a stronger and more united nursing profession.

What do you think? Are we moving closer to a more unified profession or are we as nurses more divided and polarized than ever before?

State Nursing Associations-UNA-ANA

I found this post today on the Union Democracy Review regarding the UAN, ANA, and the four state nursing associations (Ohio, New York, Oregon, and Washington) that withdrew from the United American Nurses.

See http://www.uniondemocracy.org/UDR/161-Four_state_nurses_associations_quit_AFL-CIO_union.htm.

I am Special Agent.....

You just finished working 5 twelve hour shifts from 7pm to 7am and you are really exhausted. You sleep until 4pm that evening and jump up refreshed thinking of all the plans you have made for the next 6 days. That's right you have 6 days off from work and you have been looking forward to this.

The door bell rings and you answer the door. Its Special Agent A from State B Attorney General's office. Special Agent A wants to speak you regarding Situation C that occurred when you worked for Nursing Employer D.

What do you do? I don't know what YOU would do but I will tell you how the majority of nurses who contact my office handle this particular scenario.

1. Nurse E invites the Special Agent A into his and her room and agrees to be interviewed.

2. Nurse E agrees to be interviewed and also provides a written statement. Nurse E does not request or receive a copy of this written statement.

3. Nurse E does not inquire about the particulars surrounding the investigation. What is a special agent? What are you investigating? Am I the subject of the investigation? Is this a criminal investigation? Has a complaint been filed against with the State Board of Nursing? Will a complaint be filed against me?

4. Nurse E does not realize the implications of the meeting. Attorney General Office investigations can be administrative and/or criminal. The information provided at the meeting may be filed with the State of F Board of Nursing. Nurse E make incriminating statements (both verbally and in writing) that will most certainly be used against her in the future.

So the next time someone appears at your workplace or home and says I am Special Agent A, I am Investigator G, or I am Detective H; think before you speak. Think about your job, your license, your career, your freedom, and your family (and not necessarily in that particular order) before you speak. You are a licensed professional.

Oh and by the way, you may want to consider invoking your right to counsel, i.e., I'd be happy to meet with you regarding this situation however I need to speak with my attorney, "I" first.

Trust Your Instincts

I received a frantic call over the weekend from a nurse. The nurse was being asked to violate the Nurse Practice Act and Board of Nursing regulations.

As a nurse you should always trust your instincts and practice in accordance with the law and rules. Don't take a shortcut that doesn't feel right to you. You are accountable for your actions and its your nursing license.

Big Brother Nursing Employers: Potential Misuse of RFID Devices

The January 2008 edition of the ABA Journal, the official journal of the American Bar Association, quotes Rachel Minter, a solo practitioner in New York City who represents employees and unions. Minter stated she has fielded questios from nursing union members regarding a hospital's use of identification badges embedded with RFID (radio frequency identification).

According to Minter, Hospital management justified RFID as a way to find nurses without using noisy intercom systems. The Nursing union argues it amounts to an invasion of privacy for the nurses because mangement is able to track the every move of a nurse at the hospital.

Minter pondered "Do you have a reasonable expectation of privacy if you are a nurse going from room to room?" Your supervisor could follow you into patient rooms/ But what about following you in the break room?"

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What's your opinion? Language in a collective bargaining agreement stipulating the parameters of use of said data and excluding the use of any data gathered by the RFID in workplace investigations and disciplinary action of nurses would be a start.

For nurses who work in non-collective bargaining settings, which happens to be the largest percentage of RNs and LPNs in the United States, the options are limited in this area.

Safeguarding Your License: Dodging Legal Minefields

I may be coming to area near you soon! I am presenting a 6.0 contact hour course for Cross Country Education. The title is Safegaurding your License: How to Avoid Legal Minefields in Nursing Practice. See the attached brochure. Download cceseminarbrochuremarch08.pdf

Schaumburg, IL- March 11

Bloomington, IL- March 12

Chicago, IL- March 13

Madison, WI- March 25

Appleton, WI- March 26

Milwaukee, WI- March 27

Regional Forensic Conference in Cincinnati, Ohio

What: Regional Forensic Council's 4th Annual Educational Conference

When: Thursday, March 13, 2008

Where: Cincinnati, Ohio

See the attached brochure for additional information. Download RegionallForensicCouncil2008.pdf

CNA Speaks Out Against OHA-Supported Nurse Staffing Bill

Four nurses from the California Nurses Association and the NNOC (National Nurses Organizing Committee) spoke appeared before a legislative panel, slamming OHA, Ohio hospitals’ commitment to patient safety and an OHA-supported bill requiring hospitals to ensure a voice for direct care nurses when establishing staffing plans. See http://www.ohanet.org/healthenews/default.asp#Wednesday. 

ANA Terminating its Affiliation with the Center and the UAN

Its official, the American Nurses Association is terminating its affiliation agreements with the Center for American Nurses and the United American Nurses.

An email on behalf of the President and the CEO of American Nurses Association to the members of its House of Delegates today. I am a ANA-Delegate from the Ohio Nurses Association. The ANA House of Delegates will be hot this year with debate!

Absent affiliation agreement between ANA and the Center and the UAN, CMAs (state nursing associations) can 1. continue with direct relationships with the Center for American Nurses or the United American Nurses or 2. initiate their own labor and workforce advocacy programs. The CMAs may receive a grant from the ANA and these funds can be used to 1. pay for memberships with the Center and the UAN or 2. initiate state specific labor and workforce advocacy program.

WOW! The majority of RNs don't belong to professional associations or unions. Is this the reason why we as a profession don't support our professional associations?

Change is never easy and some of the changes that we will see coming in the next few years with national and state nursing associations, some will argue should have been made years or decades ago. You can compare and contrast the pull and tug between the federal government and individual state governments with the current issues involving national and state nursing associations/unions.

The demographics of nursing is changing and nursing professional associations should adapt and evolve as the profession does.

Which model do you prefer for professional association goverance? Should it be driven at the national, state, or local level? How do you strike a balance between these three levels with the goal being to advocate for individual nurses and patients in the healthcare system?

Jan Lanier, RN, JD running for Ohio House

Jan Lanier is running for the Ohio House of Representatives, 2nd District serving Delaware County. Jan is a nurse attorney and she is employed by the Ohio Nurses Association and was the director of its health policy department. See www.ohnurses.org. Jan also worked for several years as an executive at the Ohio Board of Nursing. Jan is a member of the American Nurses Association, Ohio Nurses Association, and the Ohio Democratic Nurses Caucus. http://www.ohiodemocraticnurses.org/mambo/

Her website address is www.janlanier.com.

Winning will not be possible without financial support. Jan has an opponent for the March 4th primary. Contributions should be sent to:

Citizens to Elect Jan Lanier, 35 Berkshire Commons Drive, Westerville, OH 43082.

I know funds are tight for most of us after the Holidays however, please consider making a financial contribution to Jan's campaign.