Nursing Law & Order

unemployment compensation and BON complaints

The interplay of the law, legalities, and legal stuff was and still is the collateral implications from criminal pleas and licensure consequences. Unless your criminal defense attorney is also a nurse license defense attorney.....You know the rest.

Criminal law however has two fast approaching challengers with unemployment compensation cases and nursing malpractice cases with nurses as defendants or fact witnesses.

Nurses it is imperative that you seek legal representation before you appear pro se and "wing it" at a telephonic unemployment compensation hearing or a deposition in a med mal case. "I am just a nurse" is not an affirmative defense; maybe in an online nursing chatroom at 4am and only if your legal name is Billy Dee and you just gulped a forty ounce of the cult classic, Colt 45.

It is getting hot in the litigation lunchroom and the roof is on fire in the complaint kitchen (and it ain't because of us lawyers) meaning nurses as educated and licensed professionals who earn a respectable wage are just as likely to be reported, sued, named, indicted and as always termed as others licensed professionals.

Workplace Incident to State Nursing Board Complaint to Career Standstill to Professional Suicide and No Lawyer

The headline above is a worst case scenario but it is a growing reality for a number of nurses who represent, counsel, and advise themselves in legal matters involving their license. I cannot tell you how important it is for nurses, whether you are a LPN, RN, or APRN to seek advise and counseling from a private nursing law attorney when a patient care or other significant issues arises in the nursing workplace. No one, whether it is your nurse manager, nurse supervisor, union rep, risk manager, etc. is going to say to you "You need to consult with your own attorney about this situation." I haven't heard it in my 11 years of solo practice in nurse license defense. Not once. Most of the time, a nurse contacts a nurse license defense attorney or nursing law attorney ONLY AFTER the defecation hits the ventilation: the complaint is filed with the State Nursing Board, your union rep tells you "you may need to resign instead of being fired", your employer terminates you and says "we are required to report this to the State Nursing Board", you receive a letter of Complaint from the State Nursing Board, you are told you are being named as a defendant in a nursing malpractice case, you are contacted by local law enforcement about the "incident three weeks ago", etc.

I often hear nurses say "I didn't know there were nursing practice attorneys or nursing law attorneys that help nurses." Yes, there are nursing practice attorneys and nursing law attorneys whose primary role is to assist nurses and/or other licensed healthcare professionals. See www.taana.org.

It is not the role of your nursing manager, nursing supervisor, nursing union representative, risk manager, or anyone else to counsel and advise you objectively about the seriousness of an incident from a licensure, career, employment, or credentialing perspective. This is the role of a private attorney who has experience in nurse license defense, nursing law, and professional nursing practice matters. And guess what? You can't find an attorney with this type of expertise and experience in the yellow pages usually.

Yes, you can call the attorney who handled your divorce, you call the attorney who has helped your extended family in a number of cases, you can put on a blind fold and open the yellow pages and pick an attorney and call for a "free consultation" about your specific issues which is usually a combination of nursing law, professional nursing practice, employment law, labor law, credentialing, criminal law, nursing negligence, etc. Guess what? That attorney will not PROBABLY NOT give you the answer you need because the attorney does not have experience in the area.

Also I am pleasantly surprised yet again by the number of attorneys who represent nurses before the State Nursing Board just to take a case and make a few bucks and who know little or nothing about what it takes to adequately and effectively defend a nurse before the Board and counsel and advise the nurse on attending matters. Is a nurse a nurse a nurse? Of course not. Therefore an attorney is not an attorney is not an attorney. Why do you want an attorney who practices primarily wills and trust representing you before the State Nursing Board? Is it better to have any attorney (regardless of whether or not the attorney has ever practiced before the Board or has experience advising nurses) as opposed to an attorney who can competently handle your case and assist you?

It is your case, your license, and your livelihood and this is a question you as the nurse should answer and consider when retaining counsel. I only practice in the areas of nurse license defense, nursing practice, and nursing law; no wills, no personal injury, no workers comp, etc. You don't have to retain me in Ohio, Kentucky or Indiana; just retain an attorney who can effectively represent you and who has experience representing nurses. Nurses as licensed healthcare professionals have different legal needs than your average consumer and this is significant in the context of representation. These cases are time intensive and you don't want an attorney to take your case and not work it like it should be worked.

What am I saying? I don't say much on the blog these days because my law practice is keeping me busy but I am getting fired up again because I am seeing where nurses are being TOO TRUSTING and not looking after and protecting THEIR LICENSE, CAREER, CREDENTIALS, and hard earned EDUCATION.

Sorry to say this but I am a nurse first also. Nurses are fungible; just look at how nursing employers terminated and discipline nurses: at the drop of a hat. A healthcare organization will fire a nurse with 25 years of experience and loyalty to the organization just as fast as it will terminate a new employee. If you pass gas (and you are not a CRNA :) on a patient care unit, you will be terminated and reported to the State Nursing Board because it "looks better" from a liability, public relations, and accreditation perspective.

But guess what, more facilities are throwing nurse supervisors, nurse managers, and nurse executives to the wolves and under the bus also. This does make me feel better and it shouldn't please you either because it typifies the harsh reality & environment of nursing practice now. More nurse managers and nurse executives are being terminated and I am receiving more and more of these calls and these nurse managers and nurse executives are also being reported to the State Nursing Board.

What am I saying?

1. You know your practice area, don't you? If something happens and its triggers an investigation in the workplace and you are involved, get your own attorney involved to review the situation with you and give you OBJECTIVE legal advice and counseling. You need to have your own Nursing Practice and Nursing Law counsel you can consult with about situations which happen in the workplace. If you are a nurse supervisor, nurse manager, and nurse executive, are you aware of your exposure?

2. Stop listening to the advice and counseling of everyone and their momma about the seriousness of an incident. It is human nature to underestimate the seriousness of an incident to a friend, colleague, or relative because you don't want the worry the person and you want the best for the person.

If I call one of my grandmother's right now and say "mom, I slapped someone and I may be charged criminally", the response will be "it is going to be okay. You are a good person. Who did you slap?  and "I know you type a lot, did you hurt your hand when you slapped this person?"

This may help me feel better emotionally but it certainly doesn't help me deal with the criminal, licensure, legal, and career implications of pimp slapping someone.

By the way, my little sister's 1 y/o son, open hand slapped me so hard (yes, he pimp slapped me) he knocked my glasses off. My sister says he picked this up this behavior in daycare and/or watching cartoons. Really? This was last month and I still smile about it daily. Thank you Baby Chris for putting a smile on Auntie's face whenever I think of you!!!

3. Nurses don't have the income and prestige of dentists or physicians but nurses certainly have similiar liability just a different context. http://www.nso.com/. Take a look at the report, Understanding Nurse Liability from 2006-2010 from Nursing Service Organization.

The public is more aware than ever that you can be sued and you can be reported to a licensing board. Nurses are not self-employed like most dentists and physicians and therefore USUALLY do not have a personal and private attorney for practice, workplace, and career issues. This should not prevent you from consulting with an attorney even if it is one a time basis.

Most nurse attorneys or license defense attorneys may offer a legal consultation. Pay the money and consult with an attorney. It is only your License, Livelihood, and Career on the line. I receive at least 10-35 calls or emails a month from nurses who need legal services but do not want to pay for a legal consultation or legal services. Attorneys like nurses don't work from free (this one doesn't anyway) and it is worth the money to consult with an attorney for a few hundred dollars rather than gamble with your career, isn't it?

I never represent myself. Why would I because I am biased and I would see the facts as I want to see the facts. This is human nature and this is why now more than ever it is important for nurses, a front-line providers who work as at-will employed nurses or who are part of bargaining unit, to consult with a private nursing law or nursing practice attorney about situations in the workplace. Gone are the days when you could say a hospital, nursing home, or healthcare organizations acted in the best interest of its employees; an organization asks what is in the best interest of the organization, right? It is the role of YOUR ATTORNEY to ask what is in the best interest of YOU, as a licensed nurse.

4. If you can, try to negotiate an individual employment contract with a healthcare organization which afford you the same rights physicians have in the medical staff bylaws. Individuals employment contracts hold power for nurses; it is not at-will employment or even collective bargaining. The future of nursing should be Nursing Staff Bylaws and Individual Employment Contracts for All Nurses.

Yes, I said it and I stand by it. I am on the front lines of representation because my clients are front line and bedside providers. The future of nursing lies in securing power and negotiating a seat at the table in healthcare and in the nursing workplace; this power can be obtained in Nursing Staff Bylaws and Individual Employment Contracts not Collective Bargaining Agreements and certainly not At-Will Employment, which is for the birds. This is my opinion and you should have your own opinion. You can email me until the cows come home baby and I will not change my opinion which has been solidified from years of nurse license defense practice and actual nursing practice in a variety of healthcare settings. I seriously doubt I will see cows in my backyard at my home or my office; maybe deer at my home but certainly not cows. Also I don't eat meat, but I may start again, if I see a cow in my backyard.

 

What Do I Need To Do to Get Reported to the State Nursing Board today?

The summer is over and we are moving into fall. It rained so much of the summer it did not feel like summer until we hit the streaks of 100 degree weather. This has been an interesting year to say the least in my personal life as well as in my law practice. The Board of Nursing cases are more complex and nurses are representing themselves in these more complex cases without a real appreciation for the role of the Nursing Board or for just how serious ANY action against a license can be for your nursing career. It is never JUST a public reprimand, baby. My practice averages at least 15-50 inquiries each month from nurses with a pending complaint, post-disciplinary, pre-hearing, or active disciplinary investigation in Ohio, Kentucky, or Indiana. This of course does not scratch the surface for Nursing Board complaints in the tri-state area.

I am seeing a trend of cases involving nursing negligence and malpractice which is utimately reported to the State Nursing Board either directly or by a NPDB-HIPDB report of a settlement involving a nurse. Nothing surprises me anymore in license defense cases but when I see RN and APRNs who are named as defendants or involved in a malpractice case and rely on the advice and counsel of their employer or former employer's legal counsel throughout the matter without question, I ask why? At some point in any nursing malpractice case you have to ask yourself: Is this going to the State Nursing Board? If so, consider consulting with a license defense attorney. This is really why as a professsional nurse you need your professional liability insurance policy with a license defense benefit. It provides for attorney representation before the State Nursing Board, during depositions in a civil matter, and for nursing malpractice cases. I am paying $99 to renew my nursing liability insurance policy this year. I also have legal malpractice insurance and media liability insurance for this blog and the online products and services I am developing this fall and winter. My launch for my new website and blog will be January 1, 2012. I have so much I want to say to the readers of my blog and my clients. First is thank you for supporting me over the years. I started my law practice in 2001 and I have worked with some of the best nurses in my 10 years of law practice. I don't know anyone who goes to work and says "what do I need to do to get reported to the Nursing Board today?" But it happens, life happens, and I think sh*t happens. I hope it never happens to you as a nurse, but if it does, and you are in IN, OH, or KY, call me. Second, thank you for those of you who sent me cards and other well wishes during my divorce. The legal divorce was a piece of cake because well you know....But the emotional divorce is a monster. But I like the new Me. I lost 50 pounds and I have to say, I look good. I feel good. I am still Type A but with a minus and question mark because I am happier and enjoying the ride instead of focusing only, exclusively, and primarily on the destination. I am having fun socializing just to be socializing with old friends, new friends and getting more active and involved in the general business community and a new church. Did I tell you I had a pajama party (12 of us) and it took me two days to recover because I lost my voice from laughing so much. It was a blast! What else is new? I took a concealed and carry course to obtain my permit: yes the Nursing Law Bandit has heat! Not East or West Coast Rapper type heat or Cincinnati First 48 hours type heat but still heat and hot enough for me. I took the course with my Aunt Jules and my cousin refers to us now as Thelma & Louise. I can tell you: we WILL NOT drive MY cadillac off into a Canyon (until it is paid for)! I go to the target range at least twice a month to practice. Jack teases me about a holster: vest or thigh. I am thinking "thigh" instead of vest because I am usually wearing a dress or skirt. I have a 9mm and a 20 gauge shot gun. I am buying a 38 to keep on my person after I receive my permit and to holster. I know. I know. Just exercising my constitutional right to bear my arms: you have to see my new sleeveless red dress from the Limited! Thirdly, my law firm will offer more legal products and services starting January 1, 2012. I think you will be pleased and this has been a dream of my mine for years and I am going to crank it up and out this fall and early winter. I am burning the midnight oil this fall and winter. I am excited and even if I don't make a dollar, I am doing what I do best: talk sh$t. No, I am sorry, I am living and working my passion which is always defending and repping nurses. Fourth and finally, I want to know what do you think nurses need to know about the law, legal issues, and professional nursing practice? What types of products and services do you think an attorney or law firm should provide to individual nurses? Are your legal needs being met as a nurse? What are your legal needs a licensed nurse?

Ready or Not: the $2,500.00 State Nursing Board case

http://www.youtube.com/watch?v=W7MUKF2uE6k&feature=related

http://www.youtube.com/watch?v=0GfUPXfw5Mg&feature=related

Lauryn Hill says it best: Ready or Not.....

Ready or not and (regardless of) whether you realize it or not:

1. The State Nursing Board is investigating you if you receive a Notice of Complaint from the Kentucky Nursing Board or Indiana Board of Nursing or if you receive a Potential Violation Report, telephone call, email, or official correspondence from a Compliance Agent (investigator) or Adjudication Coordinator (Juris Doctor (law degree) prepared Staff) from the Ohio Nursing Board.  

a. It is not the role, responsibility, job, or function of the State Nursing Board or anyone who works for the Board to explain to you what this means to you, for you, and what you shoulda, coulda, maybe, or mighta do or do not. The Board's role is pubic protection: no ifs, no ands, and certainly not buts.

b. You are representing yourself anytime you are not represented by an attorney in legal proceeding. YES, Board of Nursing investigations and complaints are legal proceedings. Therefore anything you do or don't do and how you proceed in the legal proceeding before the State Nursing Board, you are representing yourself.

c. Self-Representation in a legal proceeding is a right just like deciding whether or not you want to retain legal counsel (private or have one appointed  in a criminal matter) in a legal proceeding. No, sorry, attorneys are not provided by the State to represent healthcare professionals in licensure matters.

d. You are an educated and licensed healthcare professional i.e. you have something to lose: your employability, your career, your license, your....... Therefore ANYTIME you as a licensed nurse are involved in a legal proceeding, you MUST ask yourself, do I need a lawyer?

No one is going to hold up a sign and walk a picket line in front of your home saying "Retain a Lawyer."

No one is going to tell you "you are required to hire a lawyer."

No one is going to tell you "you are nuts if you attempt to work through this on your own."

Everyone will tell you:

1. Just tell your side of the story and it will be okay (this is my grandmother's favorite that I figured out to disregard at age 9);

2. This is not a big deal as I am sure the Board of Nursing has bigger fish to fry. I love this one because not only do I like to fish for sport but I also like to eat fish: the bigger the better.

3. It is going to be okay. When anyone tells me this, I immediately think "how and why would you know how it is really doing to be or be not for me?"

4. This is just a misunderstanding, just be honest and it will work itself out. Like what, a knot?

Lawyers can be expensive for corporate litigation and other matters but license defense is actually affordable because the fees are quoted to an individual healthcare professional. Most license defense attorneys will quote you a flat fee or a retainer and hourly fee based on your case and the complexities which is actually affordable when you consider your monthly, annual, or lifetime income as a LPN, RN, or APRN.

If you are NOT willing to spend $2,500 to $__________ to defend your license in a Complaint filed against you for whatever reason, what does this mean to you and for you?

This is why I have legal malpractice insurance that covers malpractice and Bar disciplinary investigations of my license. This is why I still maintain my nursing liability insurance. This is why I just purchased media insurance for my blog and online projects. Because I am a professional, I am licensed, and there is always always a chance I can be sued or reported because of legal, professional,and personal accountability, responsibility, duties, and obligations.

I know this isn't explained in school or discussed in the workplace this way but that's a fact Jack and if you are not comfortable or PREPARED for this, get prepared or surrender your license (as a teacher, nurse, lawyer, dentist, physician, PT, etc.) and work in a field that does not require a State issued license and does not have the regulatory complexities of healthcare.

A Notice of Complaint is a Notice of Complaint and a PVR is a PVR from the Nursing Board regardless of whether or not you appreciate the significance, complexities, or law, legalities, and legal issues therein: it is what is it.

The cases I am seeing in 2010/2011 vs. 2003/2004 before the State Nursing Boards are like day and night. http://www.youtube.com/watch?v=hlbQhD2sxz8

The cases now are much more complex than the $2500 fee from yesteryear. $2500 was the standard fee I quoted years ago but very rarely do I quote a $2500 fee anymore because of the issues involved. That's why I do my own initial phone calls to nurses who contact my office because I need to listen, listen, and ask a question or two before I can quote a flat fee for representation because the $2500 standard State Nursing Board case only comes around once every blue moon and every other purple sun. I also need to review a few documents for myself to get a feel for your case because although I understand what you are telling me, I need to see the paper: black and white.

Also do you want an attorney to quote you a fee of $1,110.56 for Nursing Board representation? Do you know how long these cases take to be worked up and eventually resolved? What type of representation do you honestly think the attorney will provide to you for $1,110.56? Does this $1,110.56 include any research or prep work? What is included for $1,110.56?

This is your State Nursing Board LICENSE, not a muni court case or a will. I do not quote low ball fees just to get a case or bring someone on board and then not work up the case or answer client calls. If you want an extremely low fee, I am probably (99.99% of the time) not that nurse license defense lawyer.  

So even when you say, I called Lawyer A and he told me $2500. I called Lawyer B and she told me $5000, don't expect for me to yell out "BINGO, I can represent you for $3,750.53 and a pack of Apple Now Laters."   

I represent my clients how I would want a lawyer to represent me if: my license, my career, my livelihood and my essence was at stake because I am my license. Sorry. I know others will say you are more than what you do for a living and "your job" but not me.  I am RNBSNJD and LDW Law.  I haven't decided which I want to have on my vanity license plates, what do you think? 

I am committed to my law practice, my nursing career, and the nurses I represent. http://solopracticeuniversity.com/2011/07/12/back-to-the-root-of-things-the-role-of-servant-lawyers/.

Also think about this: are you providing the service each and everyday you practice as a nurse that you expect other service providers to provide to you and your family? If not, Houston, we have a problem.....

NO LICENSE or RESTRICTED LICENSE means a lot to you as a LPN, RN, APRN who is LICENSED or a nursing student, NCLEX-PN or NCLEX-RN on the road to licensure. Your license is always at stake in a State Nursing Board case and ready or not, regardless of whether you realize it or not, it is what it is and what it is usually just the beginning because the Nursing Board investigation is a starting point on a dim and winding path and you may not see the forest because of the trees.

Take a look at these articles.

Download BillofRightsforNursespdf

Download Nurselicensedefenseattorney

 

It is Going Down like Charlie Brown: Nursing Students will Sue!

I attended nursing school "back in the day" when nursing students viewed their instructors and professors with admiration, respect, and "awe." This was in the early 90s for me. I received my ASN in 1993 and my BSN in 1994.

Things have changed in the almost 20 years and nursing students are willing to file complaints against instructors and professors with the State Nursing Board, file complaints against their schools of nursing with the Board of Nursing, and sue! That's right baby, litigate!

I tell you there is nothing like a civil law suit and the discovery process.  I tell you a Complaint for Damages smells like a warm strawberry PopTart with sprinkles to a defense attorney. Sometimes I miss med and dental malpractice defense work (only for 3 seconds).

Former Viriginia Western nursing students were awarded damages. http://www.roanoke.com/news/roanoke/wb/291572

I expect more of these lawsuits especially from nursing students are crim-ed out, attend nursing school and spend $30k+, only to find a restricted nursing license and little to "zip" employability because of the restricted license and being crim-ed out.

What is crim-ed out? I picked this up over the weekend while out and about. You know I am a single now and I am out and about and on the loose, 60 to 90 minutes every week now. It is start. But anyway.

It is crim like brim. So crim-ed out. Crim-ed out means multiple criminal convictions, either Misters or Fellows. I picked this up to this weekend also. And no, I did not visit anyone in jail or prison and pick this up and no, I didn't pick this up at a Bar association event.

Personally I think nursing students should be more proactive as adult learners. You are seeing this now with law students who take on 100k to 150k in debt from law school to realize most attorney positions start at 35k to 55k.

http://www.nytimes.com/2011/07/17/business/law-school-economics-job-market-weakens-tuition-rises.html?_r=1

http://www.nytimes.com/2011/01/09/business/09law.html?pagewanted=all

If you are a nursing student or NCLEX-Applicant and you have felonies or misdemeanors, you need to speak with a nursing law attorney before you submit your application for licensure to the State Nursing Board. Anytime you are REQUIRED to make affirmative disclosures on a renewal or initial application for licensure, you should talk to a nursing law, nurse license defense, or administrative law attorney in your state.

Legal Duties vs. Moral and Ethical Obligations: The License is 24/7

IMHO, a test of character and integrity is rising above your legal obligations and duties and doing what is morally and ethically correct although you are not legally obligated to do so.

We live in a time where it is all about the law (this blog is Nursing Law & Order) because you can sue for just about anything these days. A kid gets slapped on the playground now it is suspension from school or expulsion, criminal charges, and a civil suit.

Nurses need to know the law and in particular the practical application of the State Nurse Practice Act and Board of Nursing regulations to everyday practice. This is just a starting point; the bare minimum is the legal. From the legal IMO you can then start to decipher the moral and ethical. In Nursing, the bare legal or barely legal is a matter of perspective.

I make a mighty but still muddled & merely middle class living (I am aspiring to be at the Rick James "I am rich bi$ch" level by my 105 birthday (I just turned 40 on Saturday, July 2nd)) because of "the legal", the gap somewhere between the Nurse Practice Act & Board regs and professional standards and practice and the application to nursing practice and "being" a state licensed nurse 24/7. 

24/7 requires thought and understanding and a big picture view.

24/7 means when you see your best friend throw a punch in the bar after the 6th round of beers you do not start swinging and fighting along side of her and the two of you "go out" like Thelma and Louise. http://en.wikipedia.org/wiki/Thelma_%26_Louise

24/7 means when you get pulled over for drunk driving and you are charged with a DUI, child endangerment, possession of drugs, concealed weapon, and possession of drug paraph., you recognize at some point in the process and actually say "this may be my a## with the BON."

24/7 is 24/7; you are a nurse 24/7. I just renewed by nursing license with the Ohio Nursing Board last week and although there is one person I would really really like to slap, I keep my hands to myself because I am a nurse 24/7 and as a RN (in the Big O only) & a license defense attorney (three states baby) I don't NEED or WANT a DV charge or conviction.

One of my girl friends was arguing with a stranger last month (about the price of gas, the Middle East, and how this impact politics in the US. Why?) when we met for Happy Hour (why are there so many angry folks drinking at Happy Hour anyway?) and I told her, "if you are fighting, I will wait in the car." I am also a lawyer 24/7 and lawyer discipline is another matter.

Every license has benefits and burdens. The benefit of a RN license is the income and career diversity afforded to RNs especially with advanced education or additional experience/expertise and certifications. You can literally write your own ticket in nursing; I am.

The burdens are the legal, ethical, and moral responsibilites, duties, obligations, and liabilities and cross the profession still carries from lack of an entry level to practice, being female dominated, collective bargaining, and from being fractured and operating in environments where nurses have little real control or power. It is always about the money, the power, and the ends & means and the profession still struggles with this and will continue to do so.     

On a Law & Order: SVU episode (I love Detective Stabler; he is nuts!!) one of the detectives commented about being a detective and a police officer and being the job 24/7. Police officers are socialized into this circle and we all have heard about the blue line. Where is this socialization in nursing? Are nursing schools churning out soooo many graduates that there is no time for socialization? Just pat your graduates on the head, give them a business card to a local bail bonds chop shop and an outdated copy of the ANA Code of Ethics, and then say "Go Be Somebody."

24/7. This is the responsibility, accountability, and potential liability that you assume when you get your State Board of Nursing issued RN or LPN license. This is what nursing profs need to tell students and what needs to be stressed to practicing LPNs, RNs, and APRNs.

Who role is it to say this anyway? After I complete my Jedi Knight training, I want to assume part of this role in the profession. Which brings me to my next blog post? Nurse, are you just living or are you living by a code and fulfilling your destiny like Darth Vader or Luke Skywalker?

It ain't all peachy or creamy (I want ice cream) in nursing; it is 24/7 with the license.

Why? Look at the State Nursing Board renewal applications questions. Are you a Misdemeanor Mama or the Felony Father? (I am sorry Mom. I had to say it. I am going to Bible Study this Thursday and early morning service on Sunday. One of my grandmother's reads this blog).

Misdemeanors are misdemeanors and a felony is a felony, whether you are on the job or off the job because you are the job when you can care for John Q. Public; you are a nurse 24/7.  

My Legal Manifesto: No Pro Bono, No Low Bono. Just Racks on Racks on Racks!

The majority of nurses and probably healthcare professionals (maybe except dentists and physicians) represent themselves when contacted by the State Board. This is called pro se and this means you are not represented by an attorney. There is nothing wrong with pro se.

Pro Bono is when an attorney takes a case without payment. Attorneys can donate their services and volunteer to take cases assisting underserved populations. I believe in a few states, pro bono may be required. Most legal professional associations suggest their members take one or more pro bono cases a year or volunteer and provide pro bono services to a underserved group in need of legal services.

What is low bono? This is when an attorney provides legal services to a client at a discounted or almost free rate or charge.

See ABA Model Rule 6.1 which states in part:  

Every lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year. In fulfilling this responsibility, the lawyer should:

(a) provide a substantial majority of the (50) hours of legal services without fee or expectation of fee to:

(1) persons of limited means or

(2) charitable, religious, civic, community, governmental and educational organizations in matters which are designed primarily to address the needs of persons of limited means.

http://www.americanbar.org/groups/probono_public_service/policy/aba_model_rule_6_1.html

This has been wild month. I had a nurse call the office who needed assistance before the State Nursing Board.

The nurse told me the following immediately:

1. I have no money;

2. I have been out of work for 3 years; and

3. I need you to take my case pro bono or for a small fee.

I told the nurse immediately:

1. I am sorry you have been out of work for 3 years;

2. I do not take pro bono or low bono cases; and

3. I will be happy to speak with you by phone about your options but I cannot represent you; I am sorry.

The nurse then proceeded to tell me she was referred to me by a healthcare employer who suggested she retain me and suggested she inquire about "pro bono services" with my office because all lawyers must do pro bono.

I informed the nurse I do not take nurse license defense cases pro bono.

She replied do you not have to take so many pro bono cases a year?

I wanted to reply, "you are shitting me, right?" but I don't use that kind of language in real life, only online as the Nursing Law Bandit.

Attorneys in Ohio, Kentucky, and Indiana are NOT required to take or perform pro bono services.

Okay so here it is:

My Legal Manifesto: No Pro Bono, No Low Bono. Just Racks on Racks on Racks!

1. Nurse License Defense is right there with Criminal Defense and Family Law with the emotional stress, strain, and the wear and tear.  

There is no way in hell I would do this just to do it. This is my passion but I would never compromise my ethics by taking a case pro bono or low bono as a license defense attorney. Please explain, LaTonia because pro bono is all about service to others and the ethical responsibilities and moral underpinnings of the law as a profession.

Helping nurses is my passion and license defense is my mission but I also need gas money. 

Also I am working with nurses over an extended period of time and usually for years. I have nurse license defense clients I have worked with since the early years of  my solo practice, 2001 to 2004.

I am on board with my nurses until:

a. They fire me;

b. I fire them; or

3. Attorney or Client dies. 

It is written this way in my flat fee legal service agreement. 

When you see an end in a license defense case, it is a visual hallunication directly related to 4-6 hours of sleep M-F, alternating coffee and Pepsi q2 hours until 2am, and/or you failed to clean your eye glasses. 

This is why I would NEVER take a pro bono or no low bono nurse license defense case. Its a professional relationship and I am on your team throughout your nursing career after you retain me and I cannot do this unless there is monetary compensation for me. Sorry!

Show me the green or swipe your credit/debit card, baby!

Racks on Racks on Racks!

I don't know the lyrics but I love the beat to this song!!

Racks on Racks on Racks!

2. Do you as a nurse work for free?

Probably not, so please don't ask me as a nurse and an attorney to work for free for you?

If you are a nurse and you work for free, send me your CV as I would LOVE to have you assist me in my law practice. I will even tip you.  

3. RNs average $25-$35.00 an hour or more. Would you work for $9.99 an hour as a RN? Probably not, so please don't ask me as a nurse and attorney to take your nurse license defense case for a flat fee of $500.00 or try to low bono me.

4. LPNs, RNs, and APRNs are not the underserved populations you think of when you think pro bono legal services. Sorry.

5. When the American Nurses Association publishes a pro bono guide for RNs (vetted and recommended by the ANA House of Delegates) suggesting nurses provide 50 hours of skilled nursing care for free and it becomes a part of Ohio Nurse Practice Act and the Ohio Board of Nursing regulations, text me on my cell at 513-604-9330 and say  "LaTonia will you defend me to the end for a tube of lip gloss, a case of Pepsi, and a turkey burger/fries with a strawberry lemonade from Ruby Tuesdays."   I will text you back and say "you got yourself a lawyer. Now what is your name and what is your alleged action or inaction?"

Nursing Law & Order is Seeking Four Nurses to serve as Regular Contributors

Seeking Freelance Nurse Authors to serve as Regular Contributors

I am seeking four freelance (hint: 1099) nurses to serve as the regular contributors for a monthly publication.  

Each nurse author will be paid a flat fee for a 500 word article with web references. The regular contributor will have his/her name listed as the contributor for the piece and will be able to include a short bio with his/her contact information including email address.  There are several benefits to being the regular contributor for these column including opportunities for professional growth and development.

 The monthly publication is not a nursing journal. Therefore the writing style required is  somewhere between a nursing blog and a nursing magazine.

Nursing Law & Order: Criminal Intent™

* This column will focus on forensics and criminal law with a nursing and healthcare twist.

Author Qualifications:

* RN, BSN with at least 5-10 years direct care experience;

* active nursing license in any state; and

* law, legal, or forensics education, experience, training, or interest preferred.  

* RN/JD, LNC, Nurse Paralegal or RN law student encouraged to apply.

Nursing Law & Order: KVO™

* This column will focus on the latest and most current news and professional practice matters facing nurses.

Author Qualifications:

* RN, BSN with min. of 5 years direct patient care experience;

* active nursing license in any state; and

* diverse nursing background, training, and experiences in a variety of healthcare settings.

Nursing Law & Order: NPO™

* This column will focus on addiction, substance use and abuse as well as recovery, relapse, and return to work issues for recovering nurses.  

Author Qualifications:

* RN, BSN disciplined by the State Nursing Board and/or who has completed a Nursing Board Alternative to Discipline Program for Chemical Dependency. Disciplined nurses encouraged to apply;

* has at least 5 years of sobriety;

* has a active nursing license; and

* has returned to nursing practice providing direct patient care.

Nursing Law & Order: Scoped Out™

* This column will focus on practice and trends for those of us with the broadest scope of practice and possibly the most potential for liability: APRNs.

Author Qualifications:

* APRN with at least 5 years of direct care experience as a APRN;

* active nursing license in any state; and

* diverse RN background, training, and experiences in a variety of healthcare settings and roles.

How to Apply?

If you are interested in being the regular contributor for one of the columns above, please send the following as attachments by email [RE: Nursing Law & Order Contributor] to Tina, my virtual assistant at tina@tinasvirtualoffice.com  (you can copy me on the email at nursinglaw@live.com) by May 16, 2011: 

1. an updated resume/CV;

2. writing sample or journal publication;

3. a copy of your State Nursing Board license (just print it from the Board website); and

4. a cover letter detailing why you are interested in being a regular contributor for the column and what skills you bring to the role.

Additional information will be made available. Thank you for your interest. If you have questions, you can email me at nursinglaw@live.com.

Nursing Bermuda Triangle: Educational & Legal Self-Help Service for Nurses™

Although these are tough economic times nurses need legal counsel and advise AS issues arise.

You know me and my need to offer "bespoke" legal services for nurses. This isn't the End of This Lawyer; Just the Beginning.  

http://www.ignitelaw.com/2011/03/bespoke-legal-services-in-an-off-the-rack-culture/

http://myshingle.com/2011/01/articles/myshingle-solo/ten-solo-and-small-law-firm-trends-2011/

http://www.susskind.com/endoflawyers.html. By the way, I love this book!!

This is why I am offering an Educational & Legal Self-Help Service for Nurses™.  The cost is $500.00.

Never boilerplate just bespoke here because:

1. You pay for the service;

2. You tell me what are your practice and legal issues;and

3. We develop the content for you.

* Don't know what you don't know. We can brainstorm by phone and/or email first.

* Have documents you can't make sense of but you know are important because its from the State Nursing Board?

* Need email consultative services.

* Need a legal opinion.

The service includes a 30 minute telephone or video teleconference with me to review the content with you and discuss your practice, situation, or matter. It may also include articles, podcasts, etc. depending on your comfort with technology. I can also point you in the right direction if you need legal services from a licensed attorney in your state or jurisdiction.

Nursing school and nursing practice does not prepare nurses IMO for strategies to address the Nursing Bermuda Triangle: The Application of Nursing Law, Ethics, and Professional Standards in the Nursing Workplace.  

http://www.ncbi.nlm.nih.gov/pubmed/18524302

This is another service offered to nurses across the country. This service will be expanded in the near future to include other benefits.

Stay tuned because there will be additional products and services rolled out this year along with a redo of my blog and website.

Bespoke baby Bespoke!!!!!

See http://www.bookfresh.com/profile/157503739

 

 

Please do not retain me as your nurse license defense lawyer if......

Don't retain my services if you want:

1. A lawyer to tell you did nothing wrong and the Nursing Board Complaint is 100% factually and legally invalid;

2. A lawyer to tell you what you want to hear about your nursing practice;

3. A lawyer who allows the professional attorney-client relationship to become social, like a "Girls Night" or too personal. Like EPMD, I am Strictly Business when it comes to nurse license defense and the practice of law.

http://www.youtube.com/watch?v=a4LVRg_TNZo&feature=related

Don't get me wrong. We are involved with our clients but it is a professional relationship with personal aspects of involvement of course. You get enough personal about me on this blog don't you???

Also I don't subscribe to "mixing of personal, professional, and business" social media accounts like facebook, twitter, etc. that some of the marketing and social media consultants suggest.

http://www.jeffkorhan.com/stand_out_in_your_market_/2011/02/business-relationshiops-are-personal.html

http://www.jeffkorhan.com/stand_out_in_your_market_/2010/11/personal-vs-professional-social-media-accounts.html

Its all business for me with a personal twist here and there. Sorry but I am old school and not changing here because there are way too many issues with boundaries, ethics, and conflicts of interest when you become friends with your clients; afterall it is a professional relationship and it is a professional relationship for a reason.

4. A lawyer who just holds your hand and tells you its going to be okay;

5. A lawyer who does not ask questions and then more follow-up questions and then asks for documents, records, and other correspondence including but not limited to your first grade picture;

6. A lawyer who believes everything you say is 100% factually accurate and the Gospel, just because you said it;

7. A lawyer to tell you what you want to hear about your case;

8. A lawyer who allows you to run the case and the defense; its your license and its your case but we work together;

9. A lawyer who will not call you on your bullshit;

10. A lawyer who will not question you because:

A.  a APRN; I have a apron also.

B. You are doctorally prepared (to give enemas);

C. You have a three lines of certifications and degrees behind your name including but not limited to FAAN; I have a fan in my home office and I plan to buy one when I receive my tax refund for my real office.

D.  You are older than me. I am 39 y/o. If you want a boomer lawyer your age then find one;  

E. You are married to, dating, shacking, and/or fracking a physician, lawyer, and/or dentist?

10. A lawyer who you can spin; I have been doing this a while, no spinning.  

I am your Lawyer not Your friend. I don't do boilermakers: mix personal and business

Okay, here it is folks. I am a nurse and therefore I will do whatever I can for any nurse (if you pay me).

The attorney-client relationship is a professional relationship. Its not a personal relationship like a friendship.

I love what I do for a living and it is my passion but I maintain boundaries between my law practice clients, my professional nursing and colleagues, and my personal life.

What are professional boundaries?

http://www.andrewskurth.com/pressroom-publications-SetYourProfessionalBoundaries.html

I was always told you shouldn't mix light and dark liquor, you shouldn't mix beer and liquor, and do boilermakers and therefore I apply the same principles to my professional and personal life.

http://en.wikipedia.org/wiki/Boilermaker_(beer_cocktail)

My stomach turns when I read law practice management and marketing articles which encourage lawyers to be "friends" with their clients to increase sales, etc. Guess what? Being friends with a client IMHO causes you to lose your objectivity and to get too personal, emotionally invested, and lose sight of your professional obligations to a client.

I know alot about professional boundaries. Guess what if you have a professional boundaries complaint before the Nursing Boards in OH, KY, and/or IN, you should think about hiring me.

https://m360.centerforamericannurses.org/event.aspx?eventID=7426

http://www.nursingcenter.com/library/JournalArticle.asp?Article_ID=680674

http://www.nursingcenter.com/library/JournalArticle.asp?Article_ID=633454

http://www.americannursetoday.com/article.aspx?id=4686&fid=4662

http://advocatefornurses.typepad.com/my2cents/files/KYNurseprofessionalboundaries.pdf

http://www.spsscs.org/meeting2009/program.php

Also, why I may adore you as a nurse and as a client, you are paying me for a service not to be your friend, right? Do you pay someone a friend thousand dollars to be your friend? I would hope not.

More importantly because I am your lawyer, not your friend, I tell you things you may not want to hear about your case, your nursing practice, or your nursing company. But that's my role as your lawyer; I am not your friend.

I am not being mean but I am giving it to you directly in a world of political correctness and "friending" as one dually licensed professional to another licensed professional.  

The Liquor Store: Unemployment Compensation, Nursing Schools, and the Saturation of the Employment Market in Nursing

This is not legal advice because no one paid me to say this but:

 1. If you are a LPN, RN, or APRN and you were terminated from your employment with a healthcare organization, consult with a nursing law attorney BEFORE you apply for unemployment compensation benefits. 

2. By a consult, I mean pay for 30 minutes to 60 minutes of the nursing law attorney’s time and provide the attorney with your documentation to review. This is not the sixty second call you have with a nursing law attorney and the attorney is typing, eating, and listening to a podcast while taking your frantic call.  

3. Why? If you were terminated from your job and you are awarded benefits, your former employer may contest the award. I think someone in HR screams “1, 2, 3, 4, I Declare War” then the healthcare organization receives notice of a former nurse employee request for unemployment compensation benefits. http://boardgamegeek.com/thread/65396/i-declare-war. I loved this game as a kid. I grew up in a very competitive household and this game along with monopoly always resulted in a shouting match, fist fight, profanity (I learned early), or a promise for a rematch for the “title.” 

4. Why? If you terminated from your job, you may or may not be reported to the State Nursing Board if you are in a mandatory reporting state. You won’t know you are reported until you open the mail and “claim your prize” or you receive a phone call from the State Nursing Board.  

5. I had to calm a nurse down by phone yesterday who opened her mail and “claimed her prize.” I opened my own mail two weeks ago and “claimed my own prize.” I am 0.75 CLE short on my Ohio law license renewal. I have to pay $110.00 and take a one hour CLE class by April 31, 2011. This blog is Nursing Law & Order, not Nursing & Law Disorder, so I plan to take my CLE online this evening and mail the check and my CLE transcript in the morning. Yes, I know its horrible and that’s why my walkie talkie handle is the Nursing Law Bandit. http://en.wikipedia.org/wiki/Walkie-talkie. 

6. The interplay of unemployment compensation benefit appeals and procedures and State Nursing Board complaints is something I am seeing in my law practice over the last 2 years. I used to handle unemployment comp. cases (years and years and years ago) and this is where I “cut my teeth” (learned the ropes) with telephonic hearings. 

7. It is a tough job market out here for nurses in certain areas and the proliferation of nursing schools and colleges does not help. Nursing Schools are the new pills mills like law schools. http://thirdtierreality.blogspot.com. 

8. Let’s see there are LPN, RN, RN to BSN, LPN to RN, BSN, MSN, post-MSN, and doctoral programs, schools, and colleges in nursing. Just in the Greater Cincinnati area, there are maybe 20+ programs. You can open a nursing school faster than you can open a liquor store in some states IMO. Nursing Schools are on every corner in some cities like a Pony Keg selling cigarettes, beer, and lottery tickets. Come here and get your nursing education; it is on sale for $35,000.00. http://www.ehow.com/how_4549219_open-drive-through-pony-keg.html.

9. The proliferation of nursing schools and programs across the states result in more and more new grads, new nurses, and not so new nurses competing for the same jobs. This IMO prompts more nurses who are termed from a HCO to apply for unemployment compensation benefits because you don’t know if you are going to get a job. It is not like it used to be when you could get fired today and start working somewhere else on Monday. The nursing employment market (in some areas) is more saturated than my 2 y/o niece’s Pull-Up at 7am.  

10. I attended a nursing function a few months ago and I was asked “where do you practice?” I replied “in a law firm, I am a nurse license defense attorney.” The nurse, who happened to be a “nurse educator” said “Oh, you represent those nurses in the Momentum.” The Momentum is the Ohio Nursing Board newsletter. I replied where you do you practice? She said “Proprietary XYZ Nursing School, Nail Tech, and Plumbing Program.” I said “Oh, you are educating those nurses in the Momentum.”

 11. Most nurses are repping themselves in the investigation of the State Nursing Board complaint as well as the unemployment benefits compensation process. This is a NO-NO.  Guess what? You may be excited and ready to fight the first 5 weeks but guess what you will move on after 2 months and this is the point where your former employer, the HCO has declared war and is ready to fight you to hell and back for those benes, baby. 6 months to 9 months later you are going to say WTF was I thinking? I don’t have the time and energy for this shit. Also you cannot be objective when you represent yourself. You just cannot.  Find an attorney who handles admin. law cases like workers comp and SSDI to represent you in an unemployment comp. matter. I am not taking unemployment comp. cases now because my nurse license defense practice is busy; but I may have to hire a Virtual Paralegal and start taking these cases again. Unemployment comp, workers comp and license defense are all administrative law practices. 

12. Don’t have your unemployment comp. lawyer rep you before the State Nursing Board unless the attorney has experience with this niche. Yes it is all admin law but guess what? I am a nurse license defense attorney and I can take an unemployment comp case but I would not take a SSDI or workers comp. case because I don’t have experience or even an interests in these areas. 

13. If you want to play around and represent yourself, do so in traffic court. You can follow behind me when I am driving to Columbus, Indy, Lexington, or Louisville and I am sure you will get a ticket. The State Patrol are out this month!!!! You can appear and represent yourself there. But don’t do the monkey in an unemployment compensation case and a Nursing Board complaint investigation case.

Ohio Medical Board's Resolution Regarding Prescription Drug Abuse: And So It Begins!

Thanks, Jack "The Smack" Stem at http://www.peeradvocacyforimpairednurses.com/why.html for emailing this to me yesterday.

Everything that has a beginning has an end, Neo. http://www.youtube.com/watch?v=orXDu3Stb-c

The Ohio Medical Board issued a resolution regarding prescription drug abuse last week.

See http://www.med.ohio.gov/pdf/PrescriptionDrug%20Abuse.pdf.

See also http://www.zanesvilletimesrecorder.com/article/20110311/NEWS01/103110309/DeWine-Ohio-medical-board-must-fight-prescription-drug-abuse-harder for an idea of what's coming for licensed healthcare professionals with prescriptive authority like MDs and APRNs.

Why is this important for nurses?

* Nurses who are prescribed controlled substances by their physicians or APRNs and practice nursing. Its a balancing act yet I don't think there is an appreciation of the risks and liabilities for nurses who take "prescribed" controlled substances and then report to work or who take meds while at work; and

* APRNs in private practice or who work for/with docs in private practice and have prescriptive authority. The State Medical Boards and State Nursing Boards go hard in these cases and unfortunately the majority of docs and nurses will represent themselves with the "I didn't do anything wrong" defense.

More about the "I didn't do anything wrong defense" and how it applies to me this week.

Guess what? I saw this coming two years ago and put together a webinar sponsored by the Center for American Nurses titled:

A Balancing Act in the Workplace, Managing the Risks When a Nurse Takes Prescribed Medication

This is one of my fav. Center webinars and I provide this CD to clients.

See http://www.can.affiniscape.com/storelistitem.cfm?itemnumber=13

What are you saying LaTonia? Just give it to me straight without the legal mumbo jumbo.

If you are a nurse (RN, LPN, and APRN) and you are prescribed controlled substances for chronic pain, a nurses back, etc.; is this affecting your nursing practice? What are the risks and potential liabilities for you and your nursing practice? Remember you are your own risk manager on Nursing Law & Order; this isn't Nursing Law & Disorder, not yet anyway.http://advocatefornurses.typepad.com/my2cents/2011/03/the-plan-do-you-need-assistance-with-revising-reviewing-or-developing-the-plan-we-can-help.html

If you are APRN with prescriptive authority, what does this mean for your nursing practice? How can you develop strategies to protect your nursing practice and your nursing license with the "heat" being placed on prescriptive drug abuse?  http://advocatefornurses.typepad.com/my2cents/2011/03/the-plan-do-you-need-assistance-with-revising-reviewing-or-developing-the-plan-we-can-help.html

Allegations involving the inappropriate prescribing of controlled substances are complex because multiple state, federal, and/or national agencies or groups are involved on various levels. The implications for MDs and APRNs who prescribe and for LPNs, RNs, and APRNS who use controlled substances and practice are really starting to take shape in the last 3 years. Get ahead of this issue if this applies to you and your nursing practice, its risk management, baby!

This isn't an issue where you want to be caught with your pants down with the pics on FB and the video U-Tube. Be proactive and manage the risk and if you need assistance managing the risks, seek assistance. This is just how licensed healthcare professionals should roll!

 

 

 

Alcohol Use vs. Alcohol Abuse vs. Alcohol Dependency: State Nursing Board Renewals and DUI, OVI, or DWI. DEATH by Evaluation!

Nurses if you have been charged or convicted of a DUI, OVI, or DWI and you have to renew your Ohio RN license, Indiana RN license, and/or Kentucky nursing license (RN or LPN) this year, consult with an attorney.

Schedule an appt. with a nurse license defense attorney to discuss your situation before you self-report to the Ohio, Kentucky, and/or Indiana State Nursing Boards. This isn't legal advice because you didn't pay me to say this its just plain common sense.

Why would you self-report "anything" to the State Nursing Board without speaking with a nurse license defense attorney? Okay, I know I am biased but really? Would you walk into a police station and "confess" and admit to committing a crime verbally and in writing? Probably not, so why do nurses self-report to the State Nursing Board when anyone and everyone including but not limited to Direct TV  Service Technician to their friends tells them its the right thing to do. Its the good thing to do.

WTH, does that mean anyway? Save right vs. wrong for the 8 hour graduate level symposium on Ethics and Morality and Nursing's Social Policy Statement. Save good vs. evil for Sundays and you are welcome to join me at 8am service at a Baptist church.

You are not Luke Skywalker (actually Luke is here with me. My dog's name is Luke Skywalker and he uses the force on mommy) and the State Nursing Board or Alternative to Discipline Program in Ohio, ISNAP, or KARE does not represent the Dark Side of the Force. Let's turn it down a notch and focus on the issues.

1. You are a licensed nurse.

2. You were charged and/or convicted of a DUI, OVI, or DWI.

3. You may have been charged with other crimes along with the DUI, OVI, or DWI.

4. You are practicing as a nurse.

5. You are receiving more "helpful" advice from family, friends, foes, and strangers than a politician caught in a whorehouse.

Speak with a nurse license defense attorney about your situation. There are license defense attorneys in every state, see www.taana.org.

Don't fire off the 25 page handwritten letter to the Board (that you don't keep a copy of for your records) disclosing everything you have done right vs. wrong and good vs. evil since the 6th grade. 

You need advice and counseling and maybe representation. This is the role of a state licensed attorney just like its the role of state licensed nurse to provide nursing care. Don't bootleg it! 

I offer 40 minute legal consultations for nurses with licensure renewal issues. You can pay for and schedule the legal consultation online. This is for nurses licensed in Ohio, Kentucky and Indiana. I am licensed to practice law in these states only.

Also, a nurse emailed me this weekend and inquired whether I could obtain a license in State C and represent the nurse. The State Nursing Board applications for licensure pale in comparison to the Attorney Licensing Applications and the Character & Fitness Interviews. The Bar Applications make you cry like you are running a 10 mile marathon in a size 5 pump and you wear a size 10, in gym shoes. Yes, we have to interview!!!!

I have NO plans to sit for another bar examination or regurgitate every speeding ticket since age 16, discuss my credit report and score and why I was late 30 days late paying my Spiegel's charge 20 years ago (I loved Spiegels), and disclose every civil, criminal, administrative matter, case, issue, or thought or anything remotely legal (this includes purchasing a hotdog at the food stand next to the court house) and not to mention mental health issues on a State Bar Application for Licensure as an Attorney. 

When I say NO plans, I mean never ever neverland Peter Pan. Three Bar Exams, Three Bar Apps, Three Bar Charter & Fitness interviews, and Three times passing the Bar on the first try. I am stopping while I am ahead.

I am sure you have heard of Death by Meeting? Okay, I am writing an e-book titled DEATH by Evaluation and self-reporting is Chapter 1.  

Why? Hell just from my posts on this blog, I am sure the Bar Examiners if I wanted to apply for a law license in another state would want a psychiatric evaluation (forensic nonetheless) and maybe a fitness for duty  (I am sure my employer would not object:) not to mention maybe a chemical dependency evaluation because of my references to Long Island Iced Tea, Moscato, Bartles & James wine coolers (traditional, berry, or strawberry), Miller Lite and Miller Genuine Draft vs. Bud Light vs. Keystone Light (hint: only if your money "ain't" right this week) and my fav, Martini & Ross Asti Spumante over the years.  Also I have lost 35 pounds since November 2010 so they may want a medical evaluation or a return-to-work evaluation (before I can step foot in my home office or my traditional office) as well. After speaking with one or more of my clients, they may also want a behavioral examination.

Okay, I am just kidding here but you get my point about self-reporting without obtaining objective advice and counseling, right?

Oh, snap, the link for the License Renewal Application consultations:

http://www.bookfresh.com/profile/157503739

The cost of a 45 minute legal consultation (conference call) for 2011 nursing license renewals in Ohio, Kentucky, or Indiana is $225.00.

 

Verified Response to a Kentucky Board of Nursing Complaint: Why is this a big deal and the real deal?

The Kentucky Nursing Board isn't playing with nurses involved in disciplinary investigation before the Board.

When you open the mail and receive the Notice of Complaint, you won't here a violin in the background and you certainly shouldn't have a picture of you and the Kentucky Nursing Board investigators meeting for afternoon tea if your investigative meeting is schedule after 12noon or chatting about the details of the complaint over coffee if your investigative meeting is scheduled in the morning.

I love it because it out there and in your face. It says Notice of Complaint and it required a Verified Response. The Board requires a Verified Response to a Complaint filed against a license within 30 days of receipt of the Notice of Complaint.

Why is this a big deal?

Well let's see. The rationale for a Verified Response to a Complaint is simply:

1. You have to verify what you are saying to the Board in response to the Complaint is accurate. No more just saying whatever to the Board.

2. The Verified Response must be notarized. This is significant because you are legally attesting to what is stated in the Verified Complaint on the date the response is notarized.

3. If you don't respond or respond with false or inaccurate information, this can lead to other alleged violations of the nursing law and rules.

Why is this a big deal?

1. This tells me as a license defense attorney that some nurses (certainly not all but enough) have been submitting statements to the Kentucky Nursing Board which are not accurate; and

2. This tell me as a license defense attorney that some nurses (certainly not all but enough) have been dishonest, deceitful, and deceptive with the Board in complaint investigations.

Dishonesty, Deceitful, and Deceptive= Dumb, Dumber, and Dumbest IMHO in licensing Board cases. This is why one should really consider having legal representation instead of representing yourself before a State Nursing Board.

Just saying anything and just putting anything in writing doesn't cut with a Verified Response to the Notice of Complaint.

Pardon my french, this is strictly my opinion, and if asked (unless I am asked in a Verified Response to a Notice of Complaint) I will lie about it; a 30 day Verified Response to a Kentucky Nursing Board Complaint, is the first step when differientating the sh*t from the shinola. http://en.wiktionary.org/wiki/you_don%27t_know_shit_from_Shinola

Its my job as a license defense attorney to do the same.

A Verified Response to the Notice of Complaint is fairly new and this isn't something the Kentucky Nursing Board has always done for years or decades prior. As a nurse license defense attorney,

I am actually glad to see the Board take this approach. Why?

a.  It impresses upon the nurse the seriousness of the Verified Response and that you can't just say anything to the licensing Board governing your nursing practice in response to a complaint filed again you with the licensing board;

b. You must respond and the failure to respond can be lead to more problems. This is common with attorney disciplinary investigations; as attorneys we just can't respond to a Bar investigation because the failure to respond is an issue in and of itself.

c. You must respond within a required period of time and the failure to respond within this period of time can lead to more problems. This is the consistent with Bar investigations of attorneys and some other licensing Board investigations.

d. The majority of nurses represent themselves in State Nursing Board complaints and having to respond with a Verified Response may cause a nurse to pause and consider the complaint and what is alleged and before drafting a 29 page handwritten response to the Complaint, seriously consider one's response and whether or not legal counsel would be beneficial; and

e. I like it because its, IMHO, the Kentucky Nursing Board's Miranda Warning who receive a Notice of Complaint. Please tell me you know Miranda. http://en.wikipedia.org/wiki/Miranda_warning.

The Board is saying "here's the complaint, here's what is required, and here's what can happen if you don't do what's required." Its out there and in your face.

Please tell me that you knew these cases, investigations, and adjudications were adversarial?

http://en.wikipedia.org/wiki/Adversarial_system

I love it because this is what a Nursing Board should do when a complaint is filed against nurse. The Board's role should be stated and again "out there and in the face" of the nurse who is being investigated. . 

I however would suggest one minor change to the Notice fo Complaint. It would be nice if the Kentucky Nursing Board ended the Notice of Complaint with "Do you feel lucky?" http://en.wikipedia.org/wiki/Dirty_Harry

Although I am just kidding of course with the Dirty Harry quote and I am adding a little humor, the Notice of Complaint is a big deal and the Verified Response required by the Kentucky Nursing Board is the real deal.

We live in Serious Times and so of course there are Serious State Nursing Board cases

The State Nursing Board cases and the allegations are becoming more complex.

1. Med Mal/Nursing Negligence and the State Nursing Board

If you are or will be named a defendant in med mal case listen up. Hopefully you have your own professional liability insurance to provide for your defense and for your own defense attorney to work with your employer or former employer's defense attorney.

Find an attorney you trust, who you like (somewhat), and you can work with over a period of months or years. If you need to meet with several attorneys then do so.

Also, imagine this. If you are named as defendant in a med mal case or your conduct, actions, or inactions are one of the focuses in a med mal case, chances are you are going to be reported to the State Nursing Board. Talk to a nurse license defense attorney initially.

I am seeing a trend where nurses blame their attorneys for the outcomes of the representation, counseling, and advising.

2. My Attorney Fracked Up My Case!

#1. If you call my office and you start blasting another attorney, red flags, bells, whistles, and fireworks go off in my mind. Why?

You probably won't be working with me because I am not going to be the next target. Also I am pretty good with reading clients and the issues and I know in a few minutes if this is someone I want to work with or refer out to other license defense attorneys , in Columbus. LOL.

#2. If you are not satisfied with the representation then talk to your current attorney, don't call me. I don't like that I will tell you so.

#3. Talk to your attorney and work it out and terminate your attorney and retain another lawyer. I usually don't represent nurses who have been represented by more than one license defense attorneys because this in and of itself tells me alot.

#4. Do your research and find the right nurse license defense attorney for your case. Ask questions and if necessary speak with several attorneys before you retain a lawyer. Ask for referrals from other nurses, your State Nurses Association, and conduct your own research about the attorney and the law firm. Its your license and its just that important.

#5. Just a hint. Don't call my office or any attorneys office and say to an attorney "I don't like, trust, or respect lawyers."

I am a nurse and I am also a lawyer. I was offended another nurse would call my office and be that damn rude. I wasn't surprised because nothing surprises me anymore in a nurse license defense practice. But don't call my office and tell me you don't like lawyers and then ask for my assistance. Why?

I am going to put you on speaker phone, give the phone the middle finger (I know; its so passive aggressive but I am a nurse also), and start reviewing emails. Then after five minutes, I am going to thank you for calling, tell you I cannot assist you, and refer you to the State Bar Association of What-Chu-Ma-Call-It.

This was nurse whose self-representation before the State Nursing Board was a disaster and the nurse was angry, very angry.

3. Criminal Convictions, the State Nursing Board, and Dual Diagnosis, Substance Use/Abuse, or Cognitive Impairments

When I meet with clients who have a combination of the above, I bring a pillow, cover, and Pepsi to the meeting because its going to be a long one and justly so.

You need to have attorney representation in these cases, period. There are just too many issues to consider and too many short and long-term implications for self-representation here.

4. Patient Injury or Death and a State Nursing Board Complaint

Retain a nurse license defense attorney.

5. This is your 2nd, 3rd, or 4th State Nursing Board Complaint

Retain a nurse license defense attorney. Bring your check book and a credit card.

6. APRNs and State Nursing Board Complaint

Don't represent yourself in these cases. Unfortunately I am seeing this more frequently and the consequences of not making informed decisions and thinking about the long-term and the short-term can shorten or kill your nursing career. Retain a nurse license defense attorney.

7. Nursing Students and NCLEX Applicants & Criminal Convictions

a. You don't know what you don't know.

b. Talk to a nurse license defense attorney before you submit your State Nursing Board application, please. I charge a fee for consultations; you may find someone who does not.

c. Don't rely on the advice given to you by nursing instructors, professors, and others which essentially "just submit your application, it will be okay, as you are a different person now." WTH and who in hell says this? You are NOT applying for a job at Diary Queen when you submit a State Nursing Board Application for Licensure by Examination. 

d. NCLEX-Applicants may benefit from attorney representation as well. I know your nursing program or nursing instructors didn't tell you this but I am telling you this. If you have ANY affirmative responses on your Application for Licensure you need to speak with a lawyer and schedule a consultation. Pay a few hundred dollars to find out what you are facing here instead of blindly submitting your App. Last but not least

8. Criminal Convictions and State Nursing Board Renewals

a. Schedule an appt. with a license defense attorney to discuss the renewal application.

b. Consider attorney representation in these cases.

Yes, they are just that serious.

Also if you have falsified your renewal applications with a State Nursing Board, bring your checkbook and 2 credit cards to the meeting with the attorney you retain. Don't represent yourself in these cases; its a recipe for disaster.

The Ohio Nursing Board renewal is fast approaching. We should receive our renewal applications here soon and when I do, I will post the language in the questions.

 

Its Just a Public Reprimand! Thirsty Thursday and One Long Island Iced Tea

Its Just a Public Reprimand is like saying Its Just a Hemorrhoid.

Okay next time you see me ask me to tell you about similarities and differences between a public reprimand and hemorrhoid. I can't do it on the blog; its too offensive and I don't want to receive a private email (which I will have to publish here on the blog) or written correspondence by mail (which I will have to publish here on the blog) from some nurse saying how offended she (its always a she) was by my blog post.

Why am I harping on a public reprimand this week? After all it is the least amount of discipline available and its not probation, suspension, or revocation.

What is a public reprimand?

http://www.rn.ca.gov/enforcement/dispaction.shtml#term

A public reprimand is not a private reprimand.

A public reprimand is a big deal because like Long Island Iced Tea (LIIT), its no big deal initially but give it time. I went out with a group of my girlfriends and I had a LIIT last month; I sipped and danced and sipped and danced a little more. This wasn't a watered down LIIT but a "real long" LIIT made at a serious bar for serious drinkers who seriously want their monies worth.

http://en.wikipedia.org/wiki/Long_Island_Iced_Tea

It was 6pm and I met my friends for Happy Hour. I don't get out much because I work 12-16/6. So I am thinking oh this isn't too bad, its 6pm on Thursday, I will hang out until 9pm or so. I also assumed the drinks would not be too stiff because folks have to work the next day, right? I know.

I asked for a glass of champagne or sparkling wine and the bartender at this club laughed. This should have been a clue for me, right?  My BFF said "oh give her a LIIT."

Then, she says "you know its Thirsty Thursday, so drink up." Okay, this should have been my second clue, right? Drink up on a Thursday? Really? I have to work on Friday and to me that's like saying drink up on a Sunday evening.

It was Thursday but I wasn't Thirsty for a beverage.

I am always Thirsty for the big faces (large bill denominations) but never alcohol. Maybe I can have a Thirsty Thursday once a month in my law practice where I charge $75.00 for a 30 minute telephone legal consultation. I may try this next month and set aside one Thursday (9am to 7pm) for legal consultations at $75.00. Stay tuned.

I had ONE LIIT. One LIIT. My husband picked me up and drove me home on a Thursday. On a Thursday. One LIIT. Enough said. Needless to say I am not "allowed" to go to Thirsty Thursdays.

But please invite me if you have a Meaty Monday. I like chicken and turkey.

How about Tired Toes Tuesday? I would love to have a manicure, pedicure, and 45 minute massage.

Before you sign a Public Reprimand, have a nurse license defense attorney review it with you and discuss the implications of the public reprimand with you.

 

Bills, Bills, Bills, and more damn Bills: I don't have money to pay for a legal consultation

Okay, January is always a rough month for most of us because credit cards statements come in from the manic shopping sprees not to mention property taxes in some states (like Ohio; we just received the property tax bill for our rental property), grade school or college tuition payments, estimated tax payments (don't even get me started), and other bills.

Its Bills, Bills, Bills, and more damn Bills in January. What a way to start the year, right? But unless you are filthy rich, bills, bills, bills  and more damn bills is part of ordinary life.

However bill, bills, bills should not put on in an "analysis paralysis" and stop you from seeking legal advice and counseling.

How do you know that you need legal advice and counseling and maybe representation despite bills, bills, bills, and more damn bills?

1. You receive a Notice of Complaint from the Kentucky Nursing Board and you slap your husband in the face because you think he mistakenly filed the divorce petition (you have been waiting on) with the Kentucky Nursing Board;

2. You receive a phone call from an Ohio Nursing Board investigator. You return the phone call after you "smoke" because you want to be "loose.";

3. After a bar brawl, which was not your fault, although you have a BAC almost corresponded with your college GPA (non-nursing courses of course)  you tell the arresting officer and every officer in the station that  "I am a RN at ______ Hospital on the ____ unit and I am going to have your badge" so many times that the Chief of Police contacts the State Nursing Board to verify that you are really a nurse because according a bartender you can "throw a mean right hook"; and

4.  You appear for your licensure reinstatement hearing before a Board Hearing Panel with "an attitude."

Even if you have bills, bills, bills, and more damn bills, you may have to go  "cheap and dirty to get the skinny." Get your mind out of the sewer, this is a legal blog.

Cheap and dirty is a legal consultation. Its cheap because you are spending a hundred dollars or so for a consultation vs. several thousands for a retainer or flat fee for traditional representation.

Its dirty, not in the filth sense of the term, but dirty meaning "worse case scenario, best case scenario, and everything in between" that you can obtain in 30, 60, or 90 minutes; almost like a speed date. The skinny = options.

Bite the bullet and seek a curbside legal consultation if you have burning questions or issues related to your nursing practice or license. Yes, it going to cost you money, but your sanity and your piece of mind are: priceless.

I wish I could help everyone who contact me; I really wish I could help everyone. Jack reminds me all the time that we can't "save" everyone. I want to save everyone even if its from themselves; this is the nurse in me. I know it because I want to help everyone who contacts my office.

However I cannot provide legal advice or counseling without establishing an attorney-client relationship: either as a legal consultation or retaining me for a traditional attorney-client relationship. This requires the payment of a fee.

Bills, bills, bills, and damn more bills.

 

 

This is it! RN and APRN License Renewal with the Ohio Nursing Board is coming soon....

My hands are itching. There is an old saying that if your hands itch its because you have money "coming your way soon."

Maybe I need to use more lotion but I think its because this is a license renewal year for RNs licensed by the Ohio Nursing Board. Requests for legal consultations are "off the hook" and "off the chain" in RN and APRN renewal years with the Ohio Nursing Board.

I am also having more consultations with respect to the Kentucky Nursing Board renewal application (annual) and the mandatory reporting of criminal convictions to the Kentucky Nursing Board. The Indiana Nursing Board is also kicking up dust, sand, and rocks with its renewal application questions, especially the one which asks "have you ever been terminated, discharged, or demoted in a nursing position?" Really!

I can tell you what I know and it ain't much.

1. The license renewal applications for the State Nursing Boards are changing and becoming more specific in reference to criminal convictions. Yes, I am sure the Ohio renewal app. will still have the moral turpitude language which includes everything, your socks, and the kitchen sink but there is a trend now towards specific and direct questions related to the disposition of criminal cases.

2. There are alot of nurses who are not (for whatever reason) truthfully responding to renewal applications and this is a problem. Big problem. It may catch up with you. Maybe you should speak with a license defense attorney to discuss the criminal case disposition and obtain a definitive response on whether or not "something" needs to be reported to the State Nursing Board.

3. Don't rely on the advice and counseling given to you by a criminal defense attorney UNLESS your criminal defense attorney is also a license defense attorney. Your criminal defense attorney may know his way around the courthouse but unless your criminal defense attorney practices before the State Nursing Board and is familiar with nursing law and practice (Nursing Law & Order, baby), your criminal defense attorney CANNOT and SHOULD NOT advise you on how the disposition of the criminal case will impact your nursing license(s), employment, career, and educational goals. Yes, damn it, I said it again this year.

Consult with a nurse license defense attorney if you are charged or indicted in the criminal court system for ANYTHING except a traffic ticket like speeding. Yes, pumpkin, this includes DUIs/OVIs/DWIs. Don't wait until your crim case is resolved before you start thinking about your license and your career.

4. Last but certainly not least, multi-state licensure. I am going to talk more about this in future blog posts because I was presented with a case, a very complex case, which touched on licensure issues before the Ohio, Kentucky, and Indiana State Nursing Board. I quoted a high fee because the case was complex. But actually complex is starting to become the new norm in license defense cases.

If you are licensed in multiple states and you have licensure issues try to obtain an attorney licensed in one or more of those states. Don't have three different lawyers (if you can prevent it) representing you before Ohio, Kentucky, and Indiana State Nursing Boards. It just doesn't make sense. Do your research, take your time, and find an attorney with the license and qualifications needed for your license defense case.

4. Endorsement Applications for Licensure in a State. If you have to make affirmative responses on your application for licensure by endorsement, talk to a license defense attorney before you submit your application to get an idea of what to expect. Don't go into the process with a towel over your head and then become upset when you run into a wall.

Just Sign and Date on the Dotted Line!

There are alot of nurses or NCLEX Applicants who receive a Consent Agreement, Agreed Order, Consent Decree or another legal document from the State Nursing Board and just sign and date on the dotted line.

There is nothing from with just signing and dating on the dotted line but keep this is mind:

1. A Board of Nursing Agreement, Contract, or Addendum is a legally binding document between you and the Board of Nursing;

What is a contract? http://en.wikipedia.org/wiki/Contract

2. Make sure you understand the short and long-term consequences of what you are signing. Understand the who, what, when, why, and where of the Agreement or Contract;

3. Consider reviewing the Agreement and making notes. Then re-reviewing the Agreement and making additional notes and questions. Those questions should be answered (either by discussions with Board of Nursing staff, your own research, speaking with other nurses, or consulting with a license defense attorney) before you sign on the dotted line; and

4. Where do you see yourself in 30 days, 90 days, 6 months, 1 year, and 5 years after you sign on the dotted line?

As nurses, we enter into contracts everyday without a second thought when we sign up for a credit card, refinance a home, purchase a vehicle, etc. We are also accustomed to signing our name on legal documents: the medical record and patient or resident chart is a legal document also.

Just a note of caution. Before you just sign and date a legal document you receive from the State Nursing Board, pause and consider the consequences and implications of your signature.

Also stating you signed the State Board of Nursing Contract while intoxicated or under duress are not affirmative defenses in administrative law and license defense cases to VOID the contract.  

What kind of duress is needed you say?

* you were in a warm, small, and dimly lit room @ the State Nursing Board office for 15 hours which smelled of motor oil;

* you were not offered food or water for those 15 hour; although you were given two Tic Tacs q 15 min x 1 hour; q 30 min x 2, then q 1 hour thereafter;

* you were not permitted to leave the room as staff blocked the exit;

* your requests to use the bathroom were denied but you were given a gently used Chux; 

* you were not allowed to apply lip balm (which for me crosses the line);

* your cell phone was in front of you but you were not allowed to touch it; This drives you insane and you start pulling at your hair (I would anyway) because you received at least 185 emails, texts, IMs, pics, and/or calls (I do) in 12 hours; and

* you are emotionally distraught because you only placed a quarter in a downtown parking meter.

Then you finally scream out in pain (because let's face it no caffeine or Extra Classic Bubble gum for 12 hour is pain) and utter exasperation and despair (because you want to make it home to watch the Walking Dead marathon on AMC) yes, damn it, yes, I did it! I can't live with this anymore!

I can't take it? I will do whatever it takes, to resolve this now?

I confess to violating the State Nurse Practice Act while employed at Crappy & Uncaring Memorial Hospital; just give me the fu*%ing Contract, and I will sign and date on the dotted line.

Happy Holidays from me to you and your family.