My 2 Cents

Nursing is Not for Everyone: Student Nurses & Criminal Convictions

Over the weekend I received two emails from nursing students pertaining to criminal convictions and licensure. I don't know why these nursing schools and colleges are not steering nursing students and graduate nurses to attorneys to discuss their suitability for licensure and employability related to criminal convictions.

I will say what some deans, educators, or nursing enrollment folks won't or can't say. Nursing is not for everyone who wants to be a nurse. If you have certain criminal convictions, being a licensed nurse may littered with legal minefields and potholes.

One of the cases of course involved a DUI and the other case involved an assault. Nursing students should also look into purchasing professional liability insurance with a licensure defense protection benefit when starting nursing school and maybe this policy will assist with legal fees and costs associated with the licensure matter.

Most nursing students or graduate nursing students that contact my office needed assistance yesterday and time is always of the essence. I have even had upset and angry parents contact my office.

If I had $39.95 for each and every time in the past, present, and future I have made this statement, I could afford to have the Dog Whisperer work with my two labs, Luke and Leia.

If you are a nursing student or graduate nurse and you have a criminal conviction, even if it has been expunged or diverted (you completed a diversion program in a criminal court), talk to a licensure defense attorney in your state before you:

1. Apply to nursing school. Pay for a consultation. Why have a nursing diploma or degree if you can't obtain a license or your license is so restricted no employer will hire you?

I told one person last month who has searched for employment for over one year to no avail that with her criminal conviction and a very restricted nursing license, she should not have even applied to or went through nursing training. I don't think any employer will hire her with her criminal conviction (it can't be expunged).

Someone (director of nursing at the school of nursing, nursing counselor, etc.) should have mentioned this to her before she spent $45,000.00 for a nursing diploma. I spent less than $45,000.00 for private nursing school (ASN and BSN) at Xavier University and my law school tuition at the University of Cincinnati.  But that's another post.

2. Apply for licensure. Pay for a consultation. How will the Board review your criminal convictions? What are your options? The Board isn't going to tell you your options because the staff at the Board are not your attorneys and cannot advise you.

I am going to tell you what most nursing students and graduate nurses do; the same as most nurses do in licensure matters. Money is always an issue (when isn't money an issue) and they represent themselves. Sometimes this turns out okay, sometimes it doesn't because you don't understand the process and you are not making informed decisions and being counseled and advised by someone with legal training in licensure matters.

The majority of Ohio Board of Nursing Complaints in Fiscal Year 2008 involved NCLEX-RN and NCLEX-PN Applicants for Licensure. See the Ohio Board of Nursing's website for the 2008 Fiscal Year Report.

Just my two cents, but nursing students spend tens of thousands of dollars to obtain their education and those with criminal convictions need to spend a few hundred dollars more for a legal consultation or a few thousand more for legal representation. Why? What is the use of a having a diploma or degree in nursing, if you can't get a license, have a license so restricted that you can't find a job, or can't find a job because of a criminal conviction(s).

Nursing is not for everyone and a licensure defense attorney will tell you what others may not if you seek counseling and advising early.

OVI/DUI/DWI and Licensure Cases

I was blown away by the caliber and determination of the DUI defense attorneys yesterday at the seminar I attended.

This seminar gave me a finer appreciation for criminal defense attorneys and the workings of DUI case law.

Nurses, if you are charged with a DUI/OVI/DWI, retain a criminal defense attorney that has experience in these types of cases.

Blowing positive the legal limit, isn't the kiss of death or an automatic conviction however you need to get someone involved who understands this types of cases and motion practice required.

One attorney joked whether citizens charged with DUI/OVI/DWI still have any constitutional rights in the litigation of those cases. I could relate as I often wonder this as a nursing license defense attorney.

Its interesting to note the prosecuting attorney take on DUI cases at the similiar was similiar to Nursing Board or Attorney General prosecuting attorneys in licensure cases.

What's up Nurses and DUIs? DUI as a Gateway Crime

I guess the same can be asked with any profession or occupation in this country however this is a nursing blog and I am asking:

What's Up with Nurse and DUIs? And by all means if you are charged with a DUI hire a criminal defense attorney with experience with traffic law and DUI cases specifically. How will you know? Ask or review the attorney's website.

I am also seeing a tendency of some to rationalize and attempt to minimize the significance of a DUI. "I only blew a ..." "I pled it down to reckless operation." I recognize this is a coping mechanism however beware a DUI is typically a "gateway crime" in my experience. First its a DUI and then it progresses to something else which also impacts your nursing license.

I have spoke with more nurses with DUI issues this year than in my 7 years of licensure defense. At least once a week, I am talking with a nurse in Ohio, Kentucky, or Indiana that has an issue with a DUI.

For the first time in my 11 years of law practice, I am attending my first criminal law seminar for attorneys. Guess what's the topic? DUI and Traffic Law.

I am attending a full day seminar in Ohio and another in Indiana this winter. Hell no, I am not transitioning into a criminal defense practice.

However I am seeing more and more DUI and alcohol-related licensure cases in my law practice. I am also looking at more CE and seminars geared toward chemical dependency counselors and clinical counselors because I am seeing more of those cases in my law practice.

Collateral Consequences of a Criminal Conviction: The 4 "C"s

For licensed professionals, there are collateral consequences of a criminal conviction. I have posted alot about criminal convictions and the collateral consequences from a licensure, employment, employability, and career standpoint.

No one wants to charged and convicted of a crime however if you are charged with a crime and you are a licensed nurse, retain a criminal defense attorney and consult with a licensure or administrative law attorney about the collateral consequences of a criminal conviction on your license.

Nurse Charged with Allegedly Stealing a Pain Patch

See my earlier posts about how criminal charges involving licensed professionals make the news. Especially here in Cincinnati, Ohio.

This nursing facility is less than two miles from my home and therefore it caught my eye when I read Woodlawn, Ohio.

See this article from today's Cincinnati Enquirer website. I sure this nurse will also receive a phone call from an Ohio Nursing Board investigator very soon.

Also make sure you read the comments to the story.

http://news.cincinnati.com/article/20081021/NEWS0107/310210012

Illegal Processing of Drugs Documents in Ohio

What is illegal processing of drugs documents?

See this Ohio Supreme Court case. Yes, that's right an Ohio Supreme Court case involving a nurse, criminal conduct, and MAR discrepancies.

http://www.sconet.state.oh.us/rod/docs/pdf/0/2003/2003-ohio-2903.pdf

As nurses we work with controlled substances on a daily basis and for some there is a tendency to become lax in documentation, administration, handling, and wasting of controlled substances because nurses work these medications so often. It can become routine and mundane.

Slow down and document in accordance with your facility policies and procedures and the standards of safe nursing practice. If you do not protect yourself, who will? Your employer? Don't make me laugh on my first cup of coffee.

Always, Always, Always document your administration and waste of controlled substances.

Criminal Convictions and California Nurses

See this article that appeared in the LA Times:

http://www.latimes.com/news/local/la-me-nurses5-2008oct05,0,6417887.story

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).

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.

Two Ohio LPNs indicted for Allegedly Stealing Pain Medication in a Nursing Home

Imagine my surprise today (not really) when I click on the Cincinnati Enquirer website www.enquirer.com and see the following article about two LPNS indicted for  stealing drugs. These nurses will be facing not only criminal investigations but also Ohio Board of Nursing disciplinary investigations for the allegations.

http://news.cincinnati.com/apps/pbcs.dll/article?AID=/20080701/NEWS0107/307010014

Here is the cut and paste of the article:

Two nurses have been indicted on charges they stole pain medication intended for residents of the retirement community where they worked.

It’s a mean thing to do for mom or grandmom that needs the pain medication,” Warren County Prosecutor Rachel Hutzel said this morning.

The two LPNs, both in their 20s, worked at the Otterbein Lebanon retirement living community, Hutzel said. The alleged incidents occurred in May, and were investigated and reported to authorities by Otterbein staff, the prosecutor said.

The indictments were returned by the county grand jury Monday.

Roxie Adrienne Luff was indicted on five counts of theft of drugs, two counts of possession of dangerous drugs, two counts of aggravated possession of drugs and two counts of illegal processing of drug documents.

Jennifer Faulkner was indicted on three counts of illegal processing of drug documents and three counts of theft of drugs.

Both nurses are accused of entering into Otterbein records that they had given specific doses of pain medication to retirement community residents, Hutzel said.

“In both cases they (the medications) were stolen for personal use” by the nurses, the prosecutor said.

Faulkner is accused of stealing Oxycodone, and Luff is accused of taking Oxycodone and Hydrocodone, Hutzel said.

The two nurses did not know each other and were not aware of what the other was doing, the prosecutor said.

Don Gilmore, president of Otterbein Homes, said the two indicted employees have been fired.

“The system works,” Gilmore said of how the facility’s own internal safeguards uncovered the alleged falsification.

A check of the records showed that certain pain medications were given to specific patients only when the two nurses were on duty, he said.

No retirement community residents actually suffered because of the alleged thefts, Gilmore said.

The medications involved were available to the patients as needed, but not given out on a regular basis, Gilmore said.

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Permanent Practice Restrictions on a Nursing License are Indeed Permanent

I was contacted by a nurse via email this week. The nurse was convicted of aggravated assault several years ago. A Board of Nursing proposed to take action against her license based on the conviction. The nurse was offered a "contract" to resolve the complaint (the felony aggravated assault conviction and subsequent Nursing Board investigation). The nurse signed the contract. The contract suspended her license and provided terms for reinstatement of her license.

The nurse inquired whether she could retain an attorney to remove the permanent practice restrictions in the Board of Nursing contract.

The time to ask questions, voice concerns, and make comments about a Board of Nursing contract is prior to signing the contract. If you are provided with a Board of Nursing contract (Consent Agreement, Agreed Order, Public Reprimand, Consent to Discipline, etc.) consider consulting with an administrative law or licensure defense attorney.

Pay the consultation fee (normally $1500-$500) to have the proposed contract reviewed with you. You want to know how the proposed contract will impact your nursing career and the practical implications of nursing discipline and Board of Nursing monitoring. Contact The American Association of Nurse Attorneys (TAANA) for an attorney referal www.taana.org, contact your state nurses association for a referral, or research nursing licensure defense or administrative law attorneys on the internet. Start with a google search of "nurse" "license" "defense" and your City or State.

I thanked the nurse for contacting me and responded that permanent practice restrictions on a license are in deed permanent.

LPN involved with Execution of Inmates Has Criminal Issues: Is this Relevant?

I found this story today on the internet. The LPN is referred to as an "offender." Should a nurse on criminal probation be allowed to participate in the execution of an inmate? Is criminal probation relevant to the issue since the professional competence of the LPN was and has never been questioned?

Should a nurse be labeled by a criminal conviction and criminal probation for the remainder of one's career? Should criminal convictions impair a licensed healthcare professional's licensure and employability?

I am not a criminal defense attorney but I tell you I am getting more and more involved in the criminal law and procedure because I represent nurses who have been charged or convicted of crimes.

See http://www.stltoday.com/stltoday/news/stories.nsf/stlouiscitycounty/story/17F8745E3625E0B7862573CE001D1CE9?OpenDocument

This is part of the article:

Before a Missouri executioner could go to Indiana in 2001 to help federal authorities put mass killer Timothy McVeigh to death, he had to take care of one detail:

He needed permission from his probation officer to leave the state.

The request, by a licensed practical nurse from Farmington, set off alarms within the Missouri Division of Probation and Parole. At least one supervisor spoke out to an agency administrator.

"As I stated to you previously, it seems bizarre to me that we would knowingly allow an offender, on active supervision, to participate in the execution process at any level," she wrote.

But that memo and others obtained by the Post-Dispatch show that high-level federal and state corrections officials did let the nurse make the trip — and continue to work on Missouri's lethal-injection team.

Practicing Medicine without a License is a Crime

You are innocent until proven guility in the American criminal justice system but see this article that appears in today's Cincinnati Enquirer about a "physician" practicing medicine here in Cincinnati without an Ohio medical license.

http://news.enquirer.com/apps/pbcs.dll/article?AID=/20080613/NEWS0107/306120043

Readnour, who offered a wide range of medical services at his North Bend Road clinic such as immunizations for children, mammograms and colonoscopies, was arrested and charged with practicing medicine without certification and possession of criminal tools (i.e. the medical equipment).

Practicing medicine without a license is a crime and so is practicing nursing without a icense here in Ohio.

I had a case a few years ago where an LPN was "holding herself" out as a RN, practicing as a RN, and falsely reporting that she completed her RN training and passed the NCLEX-RN exam. This nurse was not charged with a crime however she had her LPN license revoked and was permanently denied the ability to apply for a RN license in Ohio.  

Drug Diversion and Theft in Home Health & Hospice Care Environments

See this article that appeared in the Cincinnati Enquirer today. This healthcare worker (I am not sure if she is a licensed professional or a paraprofessional) was charged with theft of drug, a felony, for allegedly stealing medication from a hospice patient in the patient's home. http://news.enquirer.com/apps/pbcs.dll/article?AID=/20080514/NEWS01/305140012

Drug diversion occurs in the Hospital. The majority of nurses still work in hospitals although more and more nurses are working outside of the hospital setting (home care, hospice, doctor office, nursing home, assisted living, health clinic, etc.)

However with the Pyxis and fingerprint required to access controlled substances in some Hospitals, chemically dependent nurses are gravitating towards nursing homes, home health, hospice, and community health care environments were controlled substances are not as heavily monitored.

If you are a chemically dependent nurse and you are stealing drugs in a Hospital, you will eventually get caught. Seek help now. It usually starts with a pharmacy audit or questionable administration of prn medication, failure to document/witness waste, etc.

Contact a licensure defense attorney in your jurisdiction for a consultation because you want to know your options. Drug Diversion in nursing is complicated because it can have/has criminal, employment, licensure, and professional implications for nurses.

Your employer, Nursing Board staff, or law enforcement officers can not counsel and advise you on this process, advise you of your options, or give you an overview of the "big picture" in drug diversion cases.

Whether you realize it or not, you are representing yourself, proceeding pro se and missteps will occur because allegations of drug diversion and chemical dependency cases are complicated and there are multiple agencies or organizations involved in a typical case.

Also your situation is different from the nurse around the corner or the nurse who your friend knows who didn't have "anything" happen to her when she diverted drugs. Everyone and their mother will offer you "advice" on what you should do or what happened to "so and so" and how it turned out okay for this particular nurse who did this. Don't believe the hype.  http://www.youtube.com/watch?v=ASjH7X-jAY4

Should I self-report to the Nursing Board?

Should I apply to a Board of Nursing Alternative Program?

Will I be charged with a crime?

Do I admit guilt to an employer, law enforcement, etc.?

What am I guilty of?

Will my employer contact the Nursing Board and local law enforcement?

These are just a few of the questions that nurses in these cases consider.

 

Criminal Convictions and Nursing Licensure

I met with a nurse this month who had criminal issues. He signed a document with a State Nursing Board and can't find a nursing job. He hasn't been licensed very long.

I spoke with a nurse endorsing for licensure with a State Nursing Board who didn't realize that she had to disclose a criminal conviction on the endorsement application.

I spoke with a nurse who failed to disclose a conviction to a State Nursing Board and the nurse has now been contacted by the Nursing Board about the non-disclosure.

If you have a criminal conviction(s) and you are seeking licensure as a NCLEX-Applicant or Endorsement Applicant, consider contacting an administrative law attorney in the state where you are applying BEFORE you submit an application to the Nursing Board. Some nursing board require the disclosure of convictions or criminal charges that were "diverted" or adjudicated through a "diversion program" and require the disclosure of expunged or sealed convictions.

Misdemeanor and Felony Convictions and Kentucky Nursing Licensure

An article in the Kentucky Board of Nursing newsletter, KBN Nursing Connection, Winter 08, Edition 14, discussed Criminal Conviction Reporting.

============================================

Any applicant seeking licensure in the state of Kentucky, whether by exam, endorsement, reinstatement, or renewal, must answer the criminal background question on the application, “Have you ever been convicted of a misdemeanor or felony?”

Most applicants understand and answer honestly and correctly. However, there does seem to be some confusion as to what exactly needs to be reported. DUIs must be reported.

An exception to this is misdemeanors older than five years. These convictions must be reported on an application, however, you are NOT required to submit a letter of explanation or certified copy of the court record. A criminal conviction that has been sealed, dismissed, or expunged by a court of law does NOT have to be reported.
All felony convictions, regardless of age, must be reported on
the application, and you must submit a letter of explanation
and a certified copy of the court record.

============================================

For the full article, see  http://kbn.ky.gov/NR/rdonlyres/5B0A31B1-5449-4DEF-A120-460F77EF8724/0/con0708w.pdf. Page 8. 

Nurse Convicted of Vehicular Manslaughter

The Cincinnati Enquirer regularly mentions that an individual is a nurse when he or she is charged or convicted of ANY crime. It makes the paper in Cincinnati and this week alone THREE instances of criminal conduct involving nurses was mentioned in the Cincinnati Enquirer.

I don't think its a case of Nurses Gone Wild!

Its a reflection of the garden variety criminal conduct you see with American citizens; it just so happens this individual is a licensed professional or a licensed healthcare professional.

See this article. This nurse fell asleep after driving home from a 12 hour shift and struck and killed a man.

http://news.cincinnati.com/apps/pbcs.dll/article?AID=2008802150395.

Nurse convicted of:

Physician indicted for:

Lawyer recommended for disbarment for:

Teached accused of misconduct related to:

Criminal conduct and convictions for licensed professionals don't mix well. More and more cases in my law practice involve criminal conduct, criminal convictions, and nursing licensure.

Nurses and DUI Charges: Don't Drive Buzzed or Drunk!!!

This has been an interesting year already. I have received three phone inquiries from nurses about DUI charges and its nursing licensure impact.

A RN in Cincinnati, Ohio was sentenced to 6 years in prison this week (the article appeared in the Cincinnati Enquirer) for a car crash that left one dead and another seriously injured. Her blood alcohol level was twice the legally permissible level.

Do not drive intoxicated! If you have a few drinks (beer, shots, wine, etc.) then have someone drive. Don't drive. Catch a cab or have a friend or family member pick you up. You may not think you are drunk but don't take that chance.

In the end the extra effort can save lives, your employment, and your nursing license. Also when a licensed professional is charged with a crime, the headlines say:  Nurse Charged with DUI, Lawyer Charged with Theft Crimes, Teached Indicted for Misconduct, etc.

Whether or not you have to report a DUI conviction depends on the state(s) where you are licensed. If you have been charged with a DUI or DWI, contact a licensure defense attorney associated with The American Association of Nurse Attorneys (TAANA) for a consultation. See www.taana.org.

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.

Nurse Charged with Interference with Medical Services & Exploitation of an Endangered Adult

This is a press release issued by the Indiana Attorney General's office:

FOR IMMEDIATE RELEASE

November 28, 2007

Nurse Arrested and Charged in New Albany following Investigation by the Indiana Attorney General’s Medicaid Fraud Control Unit

(INDIANAPOLIS, IN) – A Louisville, Kentucky woman working in Indiana has been arrested and charged for coercing one of her patients to save her prescribed medications for the nurse’s personal use.  Licensed Practical Nurse (LPN) Kathy Stinson has been charged in Floyd Superior Court with one count of Interference with Medical Services and one count of Exploitation of an Endangered Adult.

“A patient suffered needlessly because of the greed of this nurse who was in a position of power,” Indiana Attorney General Steve Carter said.  “We appreciate the assistance of local law enforcement in working with the state’s investigators to arrest and file charges against this individual.”

Stinson was arrested Monday, November 26, 2007 in Indiana.  She is alleged to have asked a patient not to take her prescribed medications and to save them for her.  The patient complied and over several weeks stashed her medication away for Stinson, even though she was suffering considerable pain without the medicine.  Stinson would visit the room and take the medication that had been hoarded.

Stinson is being held on $50,000 bond.  The case is in the Floyd Superior Court in Indiana; cause number 22D01-0711-FC-772.

See  http://www.in.gov/attorneygeneral/press/Release.StinsonLPN.html.

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In the American criminal justice system, you are innocent until proven guilty. This nurse will not only have to defend herself in the criminal case; she may be facing disciplinary investigations before the Kentucky and Indiana Boards of Nursing if she is licensed to practice nursing in both states.

Sometimes in criminal cases, if the prosecutor knows the defendant is a licensed nurse, the prosecutor may forward the criminal complaint to the State Board of Nursing, which initiates a state board of nursing disciplinary investigation.