21 entries categorized "Clinical Practice"

August 22, 2008

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 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.

June 03, 2008

Controlled Substance Administration, Documentation & Handling

If you are a nurse and you want to be investigated by the State Nursing Board or State Attorney General's office (in some states AG's office investigates complaints), this is one surefire way that will lead to an investigation.

Alot of my current cases involve the administration, documentation, handling, and wasting of controlled substances. Alot of the phone calls I receive from nurses seeking attorney representation involve the same.

Slow down, take your time, and document. You can't practice and document "willy nilly" with controlled substances. You just can't do it anymore. Why? Chemical dependency is an issue with healthcare workers. 2. Rise in drug diversion (using a drug in manner for which is was not intended) 3. Rise in Drug Theft with healthcare workers. If you are chemically dependent or impaired, you need to speak with someone.

When the shit hits the fan and it will, your employer (nursing management and human resources) will not support you. You most likely will be terminated ( 9 times out of 10), reported to the Nursing Board and/or Pharmacy Board (depending on the state), and law enforcement will be notified (depending on the state and circumstances involved).

I have worked exclusively with nursing licensure defense for 7 years and I have yet to receive a call from a nurse who remarks that his or her employer is "in my corner" in these cases. Actually, I find when employers attempt to counsel and advise nurses in these situations (you don't need to be an attorney to give a nurse advice anyway do you?) its wrong and based on inappropriate assumptions.  

May 28, 2008

PICC Line Verification in Ohio is the Practice of Medicine

See this memo from the Ohio Medical Board to the Ohio Nursing Board. http://www.nursing.ohio.gov/PDFS/NextMeeting/M2/5.4.6PICCVerification.pdf

Are nurses in your jurisdiction legally permitted to place and verify placement of PICC lines?

April 01, 2008

Recognizing an Learning Need and Acting Upon It

See http://wbjournal.com/j/index.php?option=com_content&task=view&id=3638&Itemid=139.

A very practical manual for nurses who work in cysto rooms and assist with urological procedures. It is entitled “Cysto Room Survival Manual: Guidelines for Urologic Endoscopy.” All the proceeds of the book go back to the Society of Urological and Associates. See http://www.suna.org/cgi-bin/WebObjects/SUNAMain

Is there a similiar manual available in your practice area? Should a manual be available in your practice area? What about a pocket size manual for nurses in your organization? For your specific unit on the most common patient populations and medication given?

March 28, 2008

Primary Nursing with the Nursing Shortage: Is it still possible?

See this editorial appearing in ADVANCE for Nurses.

http://nursing.advanceweb.com/editorial/content/editorial.aspx?prg=3&cc=110560.

Is primary nursing still possible in today's healthcare system? According to the editorial:

"Her primary nurses on each unit identified themselves as the persons responsible for her care, discussed goals, informed her of what to expect and prepared her for transfer to another unit or for discharge."

My nephew was admitted to Cincinnati Children's Hospital Medical Center in December and my grandmother was hospitalized at University Hospital in Cincinnati. I spent most of December 2007 in Hospital rooms and clinics and I didn't observe any form of primary care nursing. What I observed was survival staffing and the band-aid approach to nursing care.

Which is one of the reasons why anytime my nephew who has an ASD and Pulmonary Hypertension is hospitalized, someone (me, my mother, one of my sisters, or a grandparent) is ALWAYS present at the Hospital. 

What are your experiences with primary care nursing? Is primary care nursing a reality on your unit? Did you observe primary care nursing when your family, friend, or loved one is hospitalized?

January 11, 2008

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

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?

February 07, 2007

What is Competency?

I am flying to Silver Springs, Maryland the American Nurses Association Congress on Nursing Practice & Economics (CNPE) meeting on Friday and Saturday. There will be over 60 nurses who practice in variety of settings (hospital, nursing education, public health, home care, nursing management, etc.) across the U.S. at this meeting.

I was elected to the Congress at the ANA House of Delegates in 2006. I am part of a subcommittee working on a definition of Competency.

How do you define competency? Are you competent? How do you measure competency in your nursing practice?

October 11, 2006

Non-Compete Clause

I reviewed an employment contract for an ARNP today. Regardless of whether you are an ARNP, RN, or LPN, if you are asked to review and sign an employment contract you should have the contract reviewed by an attorney with experience in healthcare law and nursing issues.

Why? Contracts are legally binding documents that may impact your nursing practice for years to come depending on the provisions, clauses, and terms in the contract.

Some attorneys will charge a flat fee a contract review and consultations while others may bill an hourly rate.

Does your employment contract have a non-compete clause? Is it reasonable? Is there an indemnity clause in the contract? What is an indemnity clause?

I have said it once and I will say it again....No one likes to pay attorney fees however its your nursing practice and aren't you worth it? 

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