Nursing Law & Order

Do You Need Category A, Ohio nursing law and rules CE for the 2009 Ohio RN Renewal this Year?

The theme of National Nurses Week 2009 is Nurses: Building a Healthy America. National Nurses Week is celebrated annually from May 6, also known as National Nurses Day, through May 12, the birthday of Florence Nightingale, the founder of modern nursing.

 

In celebration of National Nurses Week 2009,the Law Office of LaTonia Denise Wright, LLC  will offer weekly offerings in May offering 1.0 contact hour of Category A CE credit. Category A CE is required to renew your Ohio nursing license.

 

To register, email Jack Stem at jack@jackstem.com

 

Thursday, May 7, 2009

Navigating Ohio Nursing Law and Rules

7pm-8pm

1.0 contact hour of Category A (Ohio nursing law and rules) CE Credit

Presented by LaTonia Denise Wright, RN, BSN, JD, Attorney at Law

Location:

Panera Bread

8420 Winton Road

Cincinnati, Ohio 45231

 

Thursday, May 14, 2009

Ohio Board of Nursing Disciplinary Investigations: What Nurses Need to Know

7pm-8pm

1.0 contact hour of Category A (Ohio nursing law and rules) CE Credit

presented by:

LaTonia Denise Wright, RN, BSN, JD

Attorney at Law

Location:

Panera Bread (Cincinnati, Ohio)

Address to be announced

Thursday, May 21, 2009

What About Next Thursday? Professional Boundaries for Ohio Nurses

1.0 contact hour of Category A (Ohio nursing law and rules) CE Credit

7pm-8pm

presented by:

LaTonia Denise Wright, RN, BSN, JD

Attorney at Law

Location:

Panera Bread

8420 Winton Road

Cincinnati, Ohio 45231

            Thursday, May 28, 2009

Ohio Board of Nursing Alternative to Discipline Programs

7pm-8pm

1.0 contact hour of Category A (Ohio nursing law and rules) CE Credit

 

Presented by:

LaTonia Denise Wright, RN, BSN, JD

Attorney at Law

Location:

Panera Bread

8420 Winton Road

Cincinnati, Ohio 45231

 

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These continuing nursing education activities were approved by the Ohio Nurses Association (OBN-001-91), an accredited approver by the American Nurses Credentialing Center’s Commission on Accreditation. Approval valid through 3/14/09.

Re-approval applications pending.

Applications have been submitted to the Ohio Nurses Association. Please email LaTonia at info@nursing-jurisprudence.com with the Law Office of LaTonia Denise Wright, LLC for more information about contact hours.

No Commercial Support has been provided for this program.

Vested Interest Statement

LaTonia Denise Wright is an attorney with Law Office of LaTonia Denise Wright, LLC.  In this capacity she represents, counsels, and advises nurses in licensure and professional practice matters in Ohio, Kentucky, and Indiana.  The material presented by Ms. Wright will presented in a neutral and balanced fashion.

 

 

Sometimes All It Takes It One Incident or Mistake: You are a Nurse 24/7/365

I love being a nursing license defense attorney and being a defense attorney, you take the bitter with the sweet on the "dark side" of the force.

It is hard however because sometimes all it takes is one mistake or one incident to lead to a cascading effect with licensure, workplace, employment, criminal, regulatory, negligence/malpractice, and/or credentialing/privileging issues. Not to mention the financial, personal, emotional, and physical tolls.

Just remember, you are a nurse 24 hours a day and although you may want to smack the crap out of someone for something or "let your hair down" and engage in some other type of behavior that is less than professional, remember you are a licensed nurse 24 hours a day, 7 days a week, 365 days a year. It is a privilege to be a nurse; don't abuse the privilege because we don't have a right to practice nursing.

So when you are in a situation whether its a work, home, or in a social setting and you feel tension rising and things getting out of control, back away or remove yourself from the altercation because you have one life, one state issued license, and sometimes all it takes is one incident or mistake....

Does America Still Need Unions? Does Nursing Still Need Unions?

http://www.parade.com/export/sites/default/news/intelligence-report/archive/does-america-still-need-labor-unions.html

What do you think?

Addiction in Nursing and Nursing Law & Order workshops and continuing series

I am so excited! I am teaming up with Jack Stem from Peer Advocacy for Impaired Nurses, LLC to present a series of workshops and continuing education programs starting next month and running through December 2009.

I have wanted to do a series of programs like this locally for years and the opportunity has presented. These workshops and continuing education sessions will address substance abuse in nursing, addiction, and legal issues in nursing practice. Take a look at the content in the attachment below because its not being offered anywhere else but here!!!!

Jack is presenting the Addiction in Nursing workshops and your truly is presenting the Nursing Law & Order workshops and continuing education sessions.

Monday, March 30, 2009

Substance Abuse and Addiction in Nursing: The Profession's Response will be presented by Jack Stem from 6pm-7pm.

2009 RN Renewal Application and the Ohio Board of Nursing will be presented by LaTonia Denise Wright from 7pm-8pm.

The workshop will be held at the community room at Panera Bread, 405 East Kemper Road, Springdale, Ohio 45246.

Monday, April 27, 2009

 

Is Addiction Really a Disease?

The Biology and Pathophysiology of Addiction

6pm- 7pm 

presented by: Jack Stem

Peer Advocacy for Impaired Nurses, LLC

What is Nursing Board Discipline and How Does It Affect A Nurse’s Employability?

7pm-8pm 

This is a workshop with no CE credit provided

presented by:

LaTonia Denise Wright, RN, BSN, JD

Attorney at Law

 

This workshop will be held at Panera Bread, 8420 Winton Road, Cincinnati, Ohio 45231

 

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The cost is $20.00 (cash only; receipt provided) and space is limited to 25 attendees. You can attend one or both sessions offered in one day for the $20.00 fee.

 

The workshops and CE sessions will be held at the community room at Panera Bread.

See the attached flyer providing additional information on the workshops and continuing education sessions for the remainder of 2009. Please feel free to forward this information to other nurses in the Greater Cincinnati, Ohio area.

Download Nursinglawandorderworkshops

See Jack's website at www.peeradvocacyforimpairednurses.com , www.jackstem.com, and/or Jack's blog at www.advocacyforimpairednurses.blogspot.com. To register email Jack at jack@jackstem.com.

Are You a Doctor? PhD, DNP, JD, EdD, MD, DO, DDS or Dr. Pepper, Dr. J, or Dr. Dre

See this article. Attorneys have a juris doctor or juris doctorate conferred so I guess you can call me Dr. Wright.

Make sure you read the comments.

http://www.npr.org/templates/story/story.php?storyId=100921215

Nursing Law & Order

As you may know, I love Law & Order. SVU is my favorite along with the old school Law & Order episodes with Jack McCoy as the Assistant District Attorney. The perfect weekend for me is TNT showing the Lord of the Rings trilogy on Friday, a full day of Law & Order on Saturday, and a combination of Star Wars, Dune, the Matrix, and BattleStar Galatica on a Sunday.

I have been toying with this idea for a while and I have decided to change the blog title to Nursing Law & Order. Its still my two cents and I will provide the same content and commentary.

Nurses, Patient Safety, and Prescribed Medication

I would encourage you to consider attending the Center for American Nurses legal webinar next month on March 18, 2009 from 7pm to 8:15pm regarding nurses, prescription medication, and patient safety. See www.centerforamericannurses.com

As a nursing license defense attorney, I see cases where a nurse's ability to practice safely is questioned because of the use of prescription medication for a medical diagnosis. I am not saying nurses cannot take any prescribed medication. If you are taking prescribed medication however you are still accountable for nursing practice and you have to stay alert to indications whether the medication you are taking outside of work for depression, anxiety, or any other diagnosis is affecting your nursing practice.

I am looking forward to next month's webinar.

1 out of 5 Nurses Quit in the 1st Year; Are You Surprised?

See this article that appeared in USA Today. Also review the comments at the end of the article which are even more interesting:

http://www.usatoday.com/news/health/2009-02-15-nursing-shortage_N.htm

Do Non-Union Nurses Want to Organized? The UAN/CNA-NNOC and Massachusetts Nurses Association Join to Form a New Union

FOR IMMEDIATE RELEASE: February 18th 2009
CONTACT:
UAN- Suzanne Martin, 240-821-1825
CNA-NNOC- Charles Idelson, 510-273-2246 or 415-559-8991
MNA- David Schildmeier, 781- 249-0430

Historic Pact Creates Largest RN Union Ever in U.S.

Powerful New Association of 150,000 RNs Joins to Organize All RNs, Promote Healthcare Justice

United American Nurses, California Nurses Assn/NNOC, and Massachusetts Nurses Assn Reach Landmark Accord

In a dramatic move to unite the power and influence of America's leading direct care RN organizations, the United American Nurses, California Nurses Association/National Nurses Organizing Committee, and the Massachusetts Nurses Association today announced they are joining together to form a new, 150,000-member association.

The new organization will be called the United American Nurses-National Nurses Organizing Committee, UAN-NNOC (AFL-CIO), the three said in a joint statement issued today.

"Under the principle that RNs should be represented by an RN union," the statement declared, "we resolve to create a new union of staff nurse-led organizations named UAN-NNOC" to:

1. "Build an RN movement in order to defend and advance the interests of direct care nurses across the country;
   
2. "Organize all non-union direct care RNs (a substantial majority of the budget shall be dedicated to new organizing);
   
3. "Provide a powerful national voice for RN rights, safe RN practice, including RN-to-patient staffing ratios under the principle that safe staffing saves lives, and health care justice;
   
4. "Provide a vehicle for solidarity with sister nurse and allied organizations around the world;
   
5. "Create a national Taft-Hartley pension for union RNs."

Central to the new organization is a guiding principle that all RNs "should be represented by an RN union," the joint statement declared.

http://www.uannurse.org/media/press.html?view=press_release&press_id=427&year=2009
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This is going to be an interesting year as the full impact of events occurring in 2007 and 2008 are being realized in 2009.   

What will happen to the States that Disaffiliated (Ohio Nurses Association, New York Nurses Association, etc.) from the UAN? Will they now be gobbled up by this new RN union, the SEIU, or will the states that disaffiliated form their own RN union with less than half the membership of UAN-NNOC? How effective will the UAN-NNOC be at organizing nurses across the country? Do non-union nurses want to be organized?

How Do You Forget to Renew Your License or Certification?

It never fails. After a renewal cycle, in Ohio (in Ohio, LPNs renew in even numbered years, RNs in odd numbered years), I receive calls 3-6 months after the renewal period has ended. I forgot to renew my license and I have been practicing. One case it was a NP who failed to renew his certification.

We all are busy between work, family, professional obligations, and hobbies. Please explain to me how one forgets to renew a license or certification. Its never intentional of course, it just happens, but how does a licensed professional forget to renew a license.

It happens with attorneys in Ohio, Kentucky, and Indiana. It also happens with nurses in Ohio, Kentucky, and Indiana.

My license is how I survive, work, and pay bills. The same can be said for certification for APRNs along with licensure. When you receive your renewal information, calendar it in your planner, on your computer, PDA, and put a note on the fridge.

I make a note of the licensure renewal deadlines on my two hard copy calendars and on my computer and then I circle the date with an orange highlighter. I do this for my Ohio RN license (which I renew before the first deadline because its less expensive) and my Ohio, Kentucky, and Indiana law license. I think 2009 is the year I have to renew my all four of my licenses.

I spoke with a nurse who failed to renew his license and worked as an Independent Provider for the State of Ohio. The nurse billed and the State paid for nurse level care provided in the home when the nurse was not licensed to practice as a nurse in the State of Ohio. The nurse failed to renew his license and billed the State of Ohio for 6 months. The State now wants the nurse to repay the money which is tens of thousands of dollars, of course.

Renew your license or certification, there is no legally plausible excuse for not renewing your license. Okay death of course, but there are no defenses, just investigations, possible discipline, workplace headaches if you work for a healthcare organization, maybe a criminal investigation (its a crime to practice nursing without a license and some county prosecutors may look at these cases depending on the circumstances; if you are a APRN and you billed the govt. and insurance for care provided, you may receive calls from state and federal investigators depending on the amount of money involved; yes its just that serious!), penalties, and alot of crying and/or cursing.

Suggested Reading : Your Finances in This Economy

This economy is ugly and even though we as nurses are employed or working in healthcare or healthcare related fields, we need to be mindful of our finances, retirement (I don't know about you but I am working until I can't anymore), and develop not only a career plan but also a financial plan.

There are too many of us not planning or saving a dollar for a rainy day. You have to start paying yourself first and saving money in an emergency fund (3-6 months worth of living expenses in savings or money market account. 6-12 months if you are self-employed as a nurse).

See the Nurse Investor Education project which is a three year partnership between WISER and The Center for American Nurses. There is lots of info on financial planning, health insurance, professional liability insurance, and other topics.

See this blog isn't all about litigation, Nursing Board complaints, regulatory investigations, being term'ed, and criminal convictions.

http://www.wiserwomen.org/portal/index.php?option=com_content&task=view&id=390&Itemid=0

Ohio Nurses Association Convention is this year: For Whatever Reason

See the link below if you are an ONA member or if you are planning to attend the Convention this year. Its in October 2009 in Independence, Ohio for whatever reason.

I haven't decided if I am attending. I don't think I am running for an office. I may run for Center delegate again this year. I know I am not running for anything ANA related. I haven't decided if I am running as a SONA delegate to attend the ONA convention for whatever reason.

At one point I was very active in nursing professional associations. I am still a member of different professional associations however I am not as active as I used to be for whatever reason.

If I attend I can use the time in Independence, Ohio to meet with clients from the Akron, Cleveland, and Youngstown, Ohio areas. I have alot of clients in Northern Ohio for whatever reason. I am still recovering from the four hour drive to Canton, Ohio last Sunday for a client meeting for whatever reason.

http://ona2009convention.wordpress.com/2008/10/20/2009-convention-timeline/

The ONA convention is October 15-18, 2009 in Independence, Ohio and it should be an interesting convention to say the least again this year for whatever reason.   

Do You Have Any Professional Regrets?

We all have personal regrets and I am not willing to share mine on this blog. See my post yesterday about TMI.

What about professional regrets? Here are mine:

1. I wish I would have attended nursing school outside of the Cincinnati, Ohio area.

2. I wish I would have attended law school outside of the Cincinnati, Ohio area.

3. I wish I would have obtained a MSN while in law school, immediately after law school, or when I started my own law firm and I wasn't as busy as I am now.

4. I wish I would have obtained a LLM in Health Law or Health Policy.

I am returning to school at some point in the future and it won't be here in the Greater Cincinnati area. My son will be 20 y/o this September, my 20 year high school reunion is this year, and I will be 38 years old on July 2nd.

I cried when I turned 30 because I could no longer say I was twenty something; forty is around the corner for me. Do you remember learning "fat, flatulent, and forty" in nursing school? I am being a drama queen, but don't laugh. This is not going to be me. Okay TMI.

So of course, I am looking back at my personal and professional achievements, disappointments, disasters, and aspirations and vacillating between what if, why not, frack it,  just maybe, and why because my 20 year reunion is approaching.

I am also getting married this year. This is for both of us our first marriage, twenty years out of high school. Do you know how many folks I am meeting or know who have been married and divorced 2-3 times by age 38? I actually had a friend tell me last week that your first marriage prepares you for your second marriage. Okay, I will stop. TMI.

I read an article in the ABA Journal this month about attorneys who took a year to a few years out of their law practice to do something they always dreamed of doing whether its traveling around the world for 9 months or taking off from work for 2 years to write poems or a novel.

I am planning to return to school at some point in the future (don't know if this is 5 years from now or 10 years from now) and pursue a MSN and/or a LLM. A LLM is a Masters of Law. Maybe in the Washington, DC or Chicago, Illinois area. There are also fellowships I could apply for in health law and policy that would cover my tuition. I would still continue my law practice of course and knowing me, I would obtain a law license in the State where I am attending grad school also and practice licensure defense there also. 

What are your professional regrets?  

Thank you for Viewing My Blog!

I am consistently averaging 1,000-2,000 hits in a seven day period on this blog. Thank you for support and reviewing my blog.

FY 2008 Report of the Ohio Board of Nursing is now available online

You should review your state nursing board's annual report to see what the identified priorities of the Board related to nursing regulation in your state. It also provides you with information related to nursing board complaints and the investigation and adjudiciation of complaints and nursing board discipline.

As an example, see the 2008 Fiscal Year report of the Ohio Board of Nursing at:

http://www.nursing.ohio.gov/publications.htm

Are You Giving Out TMI in the Workplace?

I have never been one of those nurses who goes to work and her entire life is open book on the unit. You know these nurses. They tell all their personal affairs to colleagues and co-workers and then wonder why things are discussed.

To each his or her own but there are disadvangtages to bringing your personal issues to work every single day. Does this create a healthy work environment?

I am not saying you shouldn't discuss some things but your entire life story from childhood to now should not be an open book that you routinely discuss with all the staff in your facility.

When I worked as a nurse in a hospital and in home care, I would discuss my son and school (because it seems like I was always in school), that's it. Even now, I keep my professional life separate from my personal life. When the two come together, its because I want them to come together for a short and limited purpose.

Anything more for me is providing TMI, too much information.

Seeking a Pro Bono Nursing Licensure Defense Attorney because there is no Pro Bono Here, Baby!

Here is part of an email I received:

She had an extremely difficult year with health problems and family problems and her pleas with her doctor was falling on deaf ear. She renewed a prescription of hers and subsequently put her license at risk.

She was sentenced to probation which she has served and been cleared of. This was an isolated occurrence. Her license expired 1/31/09 and she submitted for the renewal. She got in contact with the only attorney she could find with any RN license experience and is now questioning the information he is telling her.

The first questionable item is whether or not she should be able to practice. After submitting the renewal she received an email saying that due to her conviction they will require a certified copy of the court records as well as her personal statement. According to her attorney he is suggesting that she should still be able to practice. My gut says that cannot be correct b/c her license is indeed expired. 

 

My question for you is

 

1) Can she practice with an expired license?

2) Should the Board still renew her license until they have reviewed her case, and in the event they deem her license be revoked should it be done after they renew it, or is the renewal pending the review of this case?

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I receive alot of emails from nurses, student nurses, and NCLEX-Applicants seeking legal advice and counseling. Some I refer to TAANA to find an attorney in their jurisdiction. I posted part of this email because the person became offended when mentioned a consultation as "money is tight" for the nurse.   

 

I am a nice person but nice has little or nothing to do with this; its business, ethics, and risk management for me.

 

Attorneys like nurses have a code of ethics and standards to follow. We are also required by some states to purchase malpractice insurance. I am a professional and as a risk management precaution, I don't provide legal advice, counseling, or advising or a workplace or career consultation to ANYONE without setting up a consultation. This protects me by formalizing the process (I am not giving off the cuff legal advice to someone) and this protects the nurse.

 

Also attorneys like nurses don't work for free. Attorneys have at least 4 years of undergraduate education, 3-4 years of law school, and have passed a State Bar examination. Years of long hours, court room, hearing, or deposition experience, research and writing, law practice, writing article, CLE, CE, speaking engagements, and other activities shape an attorney's practice.

 

So when someone calls or emails and wants an answer to what seems is a small or minute question(s), you are asking the attorney to utilize their education, expertise, and experience.

 

There is no pro bono here baby, which is why I charge for consultations. You can always continue to contact attorneys with nursing practice and nursing licensure defense experience and maybe one offers a free consultation or is willing to answer your questions without establishing some type of relationship. 

 

 

 

 

1st Nursing Board Complaint resolved and now a second Nursing Board complaint is pending

I don't know if its the recession (I am like my grandmother in this regard; I am blaming the recession for everything), the nursing work environment, or the individual nurse but I have been contacted three times already this year by nurses who I have represented in Nursing Board complaints previously. These nurses are facing another Nursing Board complaint. Two involve similiar issues as in the first complaint.

Are you more likely to be reported to the Nursing Board a second time if you have been reported once? What do you think?

Alternative to Discipline Programs for Chemical Dependency in Nursing

I have budgeted to attend two to three conferences this year. I am frugal and I have to feel it is worth my hard earned money when I pay several hundred dollars to attend a conference and then fly in and pay hundreds of dollars for hotel room.

I am registered for the Center's LEAD Summit in Orlando in June 2009. The content on conflict management, patient safety, and nursing fatigue is relevant to my law and consulting practices.

I think I found my second conference. Its the National Organization of Alternative Programs 2009 Annual Meeting in Austin, Texas, April 1-3, 2009. I am going to think about it this weekend and decide. The content is interesting and relevant to my law practice.

See http://www.alternativeprograms.org/2009_Conference_Brochure.pdf

TAANAs  (The American Association of Nurse Attorneys) annual meeting this year is October 1st-3rd. October is a busy month for me and I have only attended one TAANA annual meeting, in Chicago, which is driving distance for a road warrior like myself.

I don't think I am attending the TAANA Annual Meeting this year; it depends on the program. Who am I kidding, I won't attend but each year I keep hoping there will be such a eye dropping program that I will write the check from my personal money market account without a grimace.

Now next year, TAANAs annual meeting is in Lexington, Kentucky (I can drive to Lexington, KY with my eyes closed) so I will probably attend.

See the 2009 Call for Presentations for the 2009 TAANA Annual Meeting at http://associationdatabase.com/aws/TAANA/pt/sd/news_article/7094/_parent/layout_details/false

Waiting to Hire An Attorney in a Licensure Matter

There are pros and cons to waiting to hire an attorney in any State Nursing Board licensure matter. If you wait, your case may be resolved without any attorney assistance and you can save money by not hiring an attorney.

But then you receive a Notice of Opportunity for a Hearing in the mail or a Consent Agreement from the Ohio Board of Nursing. You receive a request for an investigative meeting from the Kentucky Board of Nursing or an Agreed Order. You received notice that a formal complaint has been filed against your license with the Indiana Board of Nursing by the State Attorney General Office.

What happened you ask? It has been 6 months to 2 years and you haven't heard anything. You responded to the complaint with a 30 page letter and you thought this case was resolved. You assumed "no news was good news" until you opened the mail today or received this certified letter.

There are pros and cons to representing yourself and nurses are educated and licensed professionals. Consider the pros and cons of self-representation very carefully before you make the leap. I am not saying you shouldn't represent yourself but you have to acknowledge the risk that comes with representing yourself. 

Saying "we weren't told this in nursing school", "I was told I didn't need an attorney", "I was told most of these cases settle", "I was told my case is nothing compared to nurses stealing drugs", "the nurse in the chat room did what I did and her case was resolved" and the other comments and remarks I have heard over the years, does not change anything in these cases.