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August 28, 2008

RN sued an Ohio Hospital for False Imprisonment, Defamation, and Negligence

See this Ohio case that held the RN was not confined by the hospital, while awaiting drug test results. The RN sued the hospital for false imprisonment. Her case was dismissed on motion for summary judgment filed by the hospital and she appealed. The appeals court affirmed the motion for summary judgment for the hospital.

Make sure you read the dissenting opinion.

Do you think this was false imprisonment? How would your employer handle this type of situation?

The case is Sharp v. Cleveland Clinic, 176 Ohio App.3d 226, 2008-Ohio-1777. Click on the link to review the case

http://www.sconet.state.oh.us/rod/docs/pdf/11/2008/2008-ohio-1777.pdf

August 26, 2008

Ohio CRNAs cannot write orders for RNs and LPNs to administer medications

See the correspondence from the Ohio Board of Nursing Practice Manager to OSANA, the Ohio State Association of Nurse Anesthetists.

You will see from reading the correspondence that there was some confusion and debate as to whether this was in the scope of practice of Ohio CRNAs.

http://www.nursing.ohio.gov/PDFS/NextMeeting/M1/6.1LetterOSANA.pdf

August 25, 2008

Chemical Dependency & Impairment and Licensure Defense Attorneys

Tara Mackay is a nurse attorney in Texas and I enjoyed reading her post on Chemical Dependency and Impairment and Licensure Defense. http://nurseattorney.blogspot.com/2008/08/impairment-or-substance-abuse-attorney.

Its unfortunate how nurses with a chemical dependency are regarded by some. Chemical dependency and addiction is a disease however it can spell R-U-I-N for some nurses, depending on the state of licensure. Each State Nursing Board handles chemical dependency and impairment issues differently and you should consult with a licensure defense attorney in your state about your options.

I actually had a nurse client who applied for a state nursing board alternative program in State A only to have her application for licensure denied for immediate consideration. She assumed because she was already admitted into the alternative programs in State B and C that the process and the procedure for admission to a similiar program in State A was the same.

I post alot on chemical dependency on this blog because chemical dependency or impairment depending on the drug of choice may have licensure, criminal, employment, regulatory, and long-term career implications for nurses.

August 23, 2008

Are You Working for a Paranoid Nursing Employer?

I spoke with a nurse this week who indicated that his employer immediately reports anything and everything to external regulatory and law enforcement agenices. The reporting takes place before an internal investigation or before a common sense approach speaking with the nurse initially.

This employer routinely files complaints against licensed healthcare professionals (LPNs, RNs, RTs, Pharms, etc.) with state licensing boards and contacts law enforcement at the slightest hint of an issue.

There has to be a balance. Employees will not come forward and report incidents if there is feeling that everything will be externally reported and prosecuted to the fullest extent of the law (like stealing a candy bar from Walmart).

If you are working at this type of facility or on a unit like this, run as fast you can. Run Forest Run....

I don't know maybe your nursing supervisor or someone in nursing management and HR has watched too many Law & Order episodes or wants to be Deputy Brenda Lee Johnson from the Closer. Deputy Brenda Lee Johnson closes 97% of her cases with confession. Damn she is good!!! When I grow up I want to be Deputy Brenda Lee Johnson and you can always find me at home by 9pm on a Monday watching the Closer.

Don't despair if you work in a facility where HR and nursing management mention "you are employed at-will" in every other sentence and external reporting to "everyone and their mother" is the new norm.

Drop back to per diem and seek full-time employment in a healthier environment. What is a healthy work environment for nurses? You tell me.

A perfect nursing working environment doesn't exist however you should not have to worry about a Nursing Board, law enforcement, Office of Inspector General or Attorney General, and Pharmacy Board investigation just because you failed to document a controlled substance on just 1 of the 10 places where it is required to be documented.

August 22, 2008

Travel Nursing: Understand Your Contract

I received this email newsletter this week. See www.nurse-recruiter.com. This is a cut and paste of an article from the August 2008 newsletter written by Norma Walsh.

Notice the section that refers to understanding and accepting the terms in your contract. I would even suggest that travel nurses should have an attorney review the contract. Contract review isn't too expensive and may be a flat fee service.

What's It Like to Be a Travel Nurse?

If you are a nurse who enjoys the challenge of working in new environments, meeting new people and gaining experience in different areas of nursing, you may be suited for Travel Nursing.

Travel Nurses are, generally, assigned to positions in a location for a period of 13 weeks. Often, they are asked to stay on longer and have the option to extend their contracts with the healthcare facility. Travel Nurses enjoy top pay, free housing and gain valuable experience that can result in career advancement or permanent positions. As a Travel Nurse, you can work in home health care, hospitals, long-term care facilities, clinics or medical offices in any of the dozens of nursing specialties.

As a Travel Nurse, you indicate to your employer your location preferences and specific skills or interests, in addition to salary and schedule requirements. You'll then be told of the Travel Nurse positions that meet your criteria, and your employer will supply you with information regarding the healthcare facilities, housing arrangements and particulars of each job, enabling you to choose the one that suits you best.

The most satisfied Travel Nurses are those who fully understand and accept the terms of their contracts. With each position you are offered, you will have a contract that states your duties and rewards. A Travel Nursing contract will describe the nature of the Travel Nurse's professional responsibility, list offenses that may result in premature termination and detail the standards to be followed; e.g. JCAHO. Your contract will state the length of the assignment, how many hours you will be working, your pay rate and the method and schedule of payment, information about overtime and any bonuses that may be earned. Travel Nursing contracts will explain employee benefits such as liability and health insurance and any allowances, as well as information about provided housing, payment of utility bills during the assignment and any other costs that may be reimbursed. There will be a section that indicates what, specifically, is expected of you and states policies and procedures of the healthcare facility where you will be working. Read your contract carefully, read it again, and address any concerns or questions immediately before signing. You will walk in prepared to excel on your first day with a clear understanding of what the next three months will entail.

An important thing to consider when thinking about Travel Nursing is transportation. Most Travel Nurses use their own cars to travel from one assignment to the next and for their daily commutes to work, so it's important to have a reliable vehicle. Some Travel Nurses' employers fly them to their destinations and provide a rental car; some do not. Make sure you know before you sign the contract. Also determine what the parking situation at your housing and work location will be ahead of time. If you're assigned to a big city, you may have the option to use public transportation.

Travel Nursing is a very non-traditional lifestyle and you must accept or even thrive in atypical circumstances. If you're married and your spouse cannot join you on your assignment, you need to be prepared to withstand that type of separation. If you're hesitant about spending time alone or having to re-build your social life every few months, you might want to consider more long-term or permanent nursing jobs rather than Travel Nursing. Lots of resources exist, like message boards and chat boards, where Travel Nurses can talk to and support each other, and some hospitals will have programs to acclimate their Travel Nurses to the local area. Travel Nursing is a big change from a "regular" nursing job, but if you don't mind a semi-nomadic existence, like the idea of taking time off in between assignments when you want a break and are happiest when trying new things, the potential financial, personal and professional rewards of Travel Nursing can't be beat.

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 20, 2008

Ohio Nurse Accused of Stealing Drugs Skips Court Appearance

You thought I was kidding when I posted on this blog several months ago about the legal woes of licensed professionals being considered newsworthy events.

See this article:

http://www.wtov9.com/news/17190243/detail.html

Here is the cut and paste:

A nurse, allegedly caught stealing drugs from a local hospital, didn’t show up for a scheduled court appearance Thursday morning and a warrant is being issued for her arrest.

Hospital officials said the nurse in question worked at East Ohio Regional Hospital in Martins Ferry where police said she allegedly stole drugs that were deemed dangerous by the Ohio Revised Code

Renee Marie Bayardi, 51, is charged with stealing Demerol and Morphine on at least two separate occasions in March of this year.

According to officials at East Ohio Regional Hospital, Bayardi is no longer employed at the hospital. Officials said immediate action was taken as soon as the allegations unfolded.

Bayardi was due in court Thursday for her arraignment on six counts of felony theft but did not show up.

Belmont County Prosecutor Chris Berhalter said it was the hospital staff that brought this case forward.

“The hospital in question cooperated fully and actually brought this to the attention of the appropriate authorities to investigate this matter, so they should be congratulated for doing everything they can to make sure that this type of activity does not occur,” said Berhalter.

At this time, it is unclear whether the allegations came through surveillance video.

NEWS9 will be meeting with hospital officials Thursday afternoon and will bring you more details as they become available.

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?

August 06, 2008

Alleged Theft of Narcotics and Hospice Nurse and Previous Criminal Issues

See http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20080530/NEWS32/805300401

Article published Friday, May 30, 2008
Ex-hospice nurse had felony count
Mitchell faced no public discipline by nursing board
TALK BACK
TALK BACK: Join Forums to talk about this story.

The registered nurse who resigned from Hospice of Northwest Ohio after she was suspected of stealing liquid pain medication has not faced public discipline from the Ohio Board of Nursing in the 17 years she's been licensed, officials said.

Mary Ellen Mitchell, 51, of Maumee, has a valid license through August, 2009, said Lisa Ferguson-Ramos, board of nursing compliance manager.

Mitchell has renewed her license every two years since at least 2003, Ms. Ferguson-Ramos said.

Information about earlier renewals was not available yesterday. She received her license in March, 1991.

Mitchell was convicted in 2001 on a felony charge of theft of drugs, according to Lucas County Common Pleas Court records.

A felony drug conviction is a basis for the nursing board to discipline a nurse, Ms. Ferguson-Ramos said.

That action would be public. No such action is on Mitchell's record, Ms. Ferguson-Ramos said.

But until 2004, a nurse with a felony drug conviction who had a chemical dependency problem could be found eligible for an alternative program. Nurses in the program surrendered their licenses until the nursing board evaluated their recovery and deemed them safe to return to practice.

"In 2001, a nurse, in theory, who had a drug problem might have been eligible to participate in the program," Ms. Ferguson-Ramos said.

That participation would be confidential, she said.

Hospice officials filed a police report Tuesday in which they said they had monitored the nurse and the amount of pain medication she gave to patients from April 1 to May 22 at the hospice facility on South Detroit Avenue.

The medication is an injectable liquid, packaged and premeasured in a vial. Patients receive a prescribed dose, and the medication remaining is to be disposed. Hospice officials have alleged the nurse gave patients the prescribed dosage and kept the rest.

Mitchell has not been criminally charged. Hospice officials are likely to talk further with Toledo police today, said Judy Lang, hospice's director of communications.

Hospice conducts criminal background checks before hiring, but "somehow, for some reason that we honestly cannot explain, [Mitchell's 2001 conviction] slipped through the cracks," Ms. Lang said.

"Now procedures are very different and have been enhanced, and this would never happen again."

Mitchell was hired about 2 1/2 years ago.

"About two years ago, we beefed up our human resources effort," Ms. Lang said, which included hiring a director of human resources with training in the field.

In addition, hospice is reviewing the background of current employees, but Ms. Lang would not say how.

"That is a personnel matter. I'm not comfortable talking any more about our personnel procedures," Ms. Lang said.

Hospice, which has facilities in Perrysburg Township and South Toledo, employs more than 400 people, including about 150 nurses.

"This is the first time this has ever happened, and we feel we have had a very professional, well-managed team," Ms. Lang said.

After Mitchell's 2001 conviction, she was sentenced to three years' probation and ordered to submit random urine samples and continue treatment with the state nursing program. Courts can order such treatment, but admission to the program would be up to the nursing board, Ms. Ferguson-Ramos said.

In 2004, the board decided that those convicted of felony drug offenses are not eligible for the alternative and confidential program. Instead, their licenses are immediately suspended pending final board action.

Contact Mark Zaborney at:
mzaborney@theblade.com
or 419-724-6182.

August 05, 2008

Ohio Democratic Nurses Caucus Meeting in Cincinnati, Ohio

The Ohio Democratic Nurses Caucus is having a meeting here in Cincinnati, Ohio on Tuesday, August 26, 2008 from 7pm to 8:30pm. For additional information about the Caucus, see its website at  http://www.ohiodemocraticnurses.org/mambo/.

The meeting will take place at our home in Springfield Township. We live in the northern part of Hamilton County near Winton Woods Park and ten minutes from the General Electric facility in Evendale on I-75. If you are familiar with the area, we live in the area between Woodlawn (near Springfield Pike) and Winton Woods Park.

If you are interested in attending, email my legal assistant Jaren, at ldwlegalassistant@msn.com to RSVP and she will email the flyer to you with the address, directions, and the meeting agenda.

If there is interest and depending on the number of nurses who RSVP, we may offer legal or Ohio nursing law and rule continuing education.

August 04, 2008

Are You Receving Legal Advice from your colleagues at the Water Cooler?

I was contacted by a nurse who is involved in three state Nursing Board investigations. The nurse was told by a colleague that she should just surrender her license in two states and keep her license in one state.

It would be that nice if it were that simple. When you need legal advice, do you go the water cooler at work? The water cooler being the place in an office where folks chat and discuss personal and professional affairs. For nurses it can be the nurses station, lounge, etc.

No one likes to contact attorneys. I feel the same way when I have to contact my  accountant and I really like my accountant. Its a good year for me if I only have to see my accountant around tax time. 

If I had $29.95 for everytime a nurse received legal advice about a licensure or professional practice matter from a person who is not licensed to practice law, I could retire and be a stay at home mom to my five dogs and underemployed/unemployed 18 y/o son.

If you need legal advice consult an attorney. The water cooler is not the place for legal advice and counseling on licensure and professional practice matters for nurses.

August 03, 2008

Advanced Practice Registered Nurses and Legal Advice & Counseling

APRNs is the term used in the literature to refer to CRNAs, NPs, CNSs, and CNMs. APRNs are advanced practice nurses and have a more expanded scope of practice than RNs.

APRNs are RNs and have some of the same legal issues as RNs.

APRNs as advanced practice nurses may have different legal issues than RNs.

When I started my law practice some seven years ago, I assumed that APRNs would be more likely than RNs and LPNS to seek legal representation, advice, and counseling in a licensure, regulatory, or professional practice matter. I assumed since APRNs receive additional nursing education that would translate into more education (a class or two) pertaining to the law, legalities, and legal issues in nursing. I am not a APRN.

If I would have bet money (and I do like to gamble sometimes) I would have lost.

What is your opinion? Are APRNs more or less likely than a RN or a LPN to seek legal representation, counseling, and advising?

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Nursing-Jurisprudence.com

Nursing Law Bandit

nursing-jurist.com

Peer Advocacy for Impaired Nurses, LLC

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Member since 07/2005

nursing-esquire.com

nurseattorney.blogspot.com

Flores Law Firm

Travel Nurse Aim

Connie Morrison, Nurse Attorney

www.ob-nurse.blogspot.com