Nursing Law & Order

Free Recording of Legal Issues with Professional Boundaries and Professional Sexual Misconduct

For a limited time (I love the salesman talk don't you!) I am offering a FREE CD. Legal Issues with Professional Boundaries and Professional Sexual Misconduct in Nursing. See https://m360.centerforamericannurses.org/event.aspx?eventID=7426

This offer is available to first 25 nurses who contact my law firm and request the CD.

Please call during business hours 9am to 5:30pm Eastern Time and provide my receptionist with your name, credentials, and complete mailing address. Call 1-888-571-1110 or 513-771-7266.

Act now while supplies last.

You May Need A Nurse License Defense Attorney if....Here's My Top 20

This is copied from website. See http://www.nursing-jurisprudence.com/boardinvestigations.html

Also, in response to a high demand, my law firm is now offering email consultations. See www.nursing-jurisprudence.com.

As a Nurse, you need a license defense attorney with experience in administrative law and procedure involving licensed healthcare professionals if:

1. A complaint has been filed against your license with the Nursing Board or the Office of Attorney General and you were just notified;

2. Your nursing license has been suspended and you need assistance meeting the terms and conditions for reinstatement;

3. Formal charges are filed against your license with the State Nursing Board;

4. An administration hearing is scheduled related to a complaint filed against your license;

5. You received a Potential Violation Report from the Ohio Board of Nursing or a Notice of Complaint from the Kentucky Board of Nursing; 

6. You are planning to self-report to a State Nursing Board Alternative Program for Chemical Dependency;

7. You are involved in a disciplinary investigation in State A and you  reside in a Nursing Licensure Compact State or you are licensed by endorsement in other states;

8. You are asked to sign a Consent Agreement, Consent Decree, or an Agreed Order and don't understand the terms and conditions in the legal document and you don't know how the document will impact your nursing license and your nursing career;

9. You receive a Notice of Opportunity for a Hearing from the Ohio Nursing Board;

10. You are being encouraged by your employer or colleagues to "self-report" an incident to a State Nursing Board;

11. A Nursing Board investigator or any Regulatory Board (Pharmacy Board, Adult & Protective Services, Department of Health, Attorney General, Office of Inspector General, etc.) agent, officer, or investigator contacts you and want to meet with you to discuss any complaint filed against you;

13. A Nursing Board investigator or Regulatory Board agent asks you to provide a written statement regarding the allegations in the complaint filed against you;

14. You received a temporary, summary or automatic license suspension by the State Nursing Board;

15. You were terminated from your employment and told that you are being reported to the State Nursing Board for allegedly violating the Nurse Practice Act and/or Board rules; 

16. A State Nursing Board or regulatory board investigator or agent wants to conduct an telephone interview of you regarding a complaint filed against your license;

17. You have been accussed of stealing drugs and this is reported to the State Nursing Board;

18. You have been contacted by federal, state, or local law enforcement officers and you are being "encouraged" to admit guilt or confess to criminal conduct; 

19 You are a nurse and you have been charged with a crime, felony or misdemeanor. You want to know how a possible conviction or plea to a lesser offense will impact your nursing license if at all; and last but certainly not least 

20. You answer the door at your residence and its an investigator from the Pharmacy Board who wants to speak with you about Pyxis or OmniCell discrepancies.  

Nursing Students and Criminal Convictions: He Said and She Said

The Holidays are fast approaching and I am staying busy with my law practice. I am getting into the Christmas spirit and we are planning to have our Christmas Palm tree in the living room again this year. We are putting a colored (I think red or pink) tree in our bedroom window. We are also placing a tree or something near the fireplace in the family room and downstairs in the rec room near the bar (which should be interesting for folks who have too many gin and tonics). We are also having Thanksgiving dinner at our home this year. I enjoy cooking however we have a large family so my mother, grandmother, and I will split the menu and we will have other family members bring a small side dish, a dessert, or drinks.

I received a really distressing email from a NCLEX Applicant who is having trouble obtaining a license because of criminal convictions. The applicant was crying because she stated "I would not have went to nursing school if I would have known I would have these issues getting a license." This Applicant is a single mom, recently divorced who has 18k in student loans for associate in nursing.

If you are a nursing student, considering nursing school, or you will be sitting for the NCLEX and you have criminal convictions, you need to speak with someone, preferably an attorney with experience representing nurses in licensure matters before you complete your initial application for licensure by examination. Click here and see the info on my website related to NCLEX applicants and suitability for licensure.  http://www.nursing-jurisprudence.com/legalservices.html

Now I know your nursing instructor(s) probably told you to "just complete the application and you will be fine" but I would suggest that you speak with an attorney about your situation to obtain objective counseling and advising not just about your suitability for licensure but also about any hurdles you may face with employment.  Most if not all healthcare employers are conducting criminal backgrounds checks in states around the country.

I know you may think I am saying this because I am a money hungry lawyer (well I do like money and I am usually hungry) and I just want you to contact another money hungry attorney but I say this sincerely. You need to make informed decisions and too many of us are doing things because "we were told to do this by so and so." When you are dealing with something as precious and fragile as your license, your career, and your livelihood, you should not rely on "he said and she said" to make these important decisions.

KY and IN Licensed Nurses: Please Renew Your Nursing License TODAY!

The deadline for renewal is October 31, 2009. But guess what, the 31st falls on a Saturday and State Nursing Board offices are closed on Saturday. If you wait until the 31st, when will your application be processed since the Board offices are closed on the weekend.

I met with Kentucky Nursing Board staff yesterday for an investigative meeting. After the meeting a comment was made about the number of nurses who haven't renewed their license. The deadline for renewal in Ohio was August 31, 2009. I renew my licenses early as I am easy to be distracted. I also calendar the deadlines for renewal of my nursing and law licenses.

Renew your Indiana Nursing Board  and/or Kentucky Nursing Board license today.

Negligence to Malpractice: the Professional Practice of Nursing is Evolving

The Center for American Nurses has recently published a new e-book on nursing negligence and malpractice, the title is "Negligence to Malpractice: the Professional Practice of Nursing is Evolving."

http://www.can.affiniscape.com/storelistitem.cfm?itemnumber=22

The e-book can be purchased for $9.95 at the Center for American Nurses website at www.centerforamericannurses.org. Click on the link above or go the Center's website and click on the link for the Online store.

Hi Doctor, I don't know you and you don't know me but I need free medical advice and I need it now over the phone!

This is precisely why I don't provide free legal advice or counseling over the telephone anymore. You cannot contact any other professional and request free advice and counseling over the phone without an expectation of payment. I called my doc about my back and she replied "How's my favorite lawyer? Make an appt. and come see me."

I am happy to report that I am close to hiring a legal assistant to work me with 30 hours a week. I conducted my last round of interviews yesterday and my legal assistant is starting work on November 2, 2009. This is my first employee and I am excited and I will work very closely with this person throughout the day on a variety of cases and projects.

My receptionist and assistant will act as gatekeepers. Most attorneys and law firms have receptionists and legal assistants to do the same. You cannot contact an attorney who you don't have any type of relationship with and expect to just start asking this attorney questions. I take calls and speak with my law office clients throughout the day without an issue but these are nurses who have retained me and paid me to be in a professional attorney-client relationship with them. I am always available to speak with my law firm clients.

When my assistant explains the benefits of a legal consultation, most nurses say "I don't have any money" "I thought attorneys do these for free" and make other remarks. My favorite is "I can open the yellow books and get this for free from an attorney." Most do not schedule legal consultations which is fine and we refer to www.taana.org for assistance.

When the day comes that you can open the yellow pages to the attorney section and just randomly pick out an attorney who can competently, adequately, and skillfully provide with you legal advice and counseling and/or representation in a State Nursing Board matter or counsel and advise you on the finer points at the intersection of nursing law, ethics, and professional practice standards and the law, legalities, and legal issues confronting nurses daily in the highly regulated healthcare environment, I will retire.  Until then I am "going hard" with my career because my law and consulting practices are unique and I love what I do for a living, don't you? http://www.urbandictionary.com/define.php?term=going+hard

This week alone I had at least 8 nurses contact me who needed a legal consultation. I guess its the end of the year and its going down (meaning its on and popping) in some facilities! There was an expectation from each of these nurses that they could just call my office, speak with me immediately, and I would answer all of the their questions, and provide with free legal advice and counseling regarding their specific situation for 20-30 minutes. You have got to be kidding, get the f*&% out of here!!

The only exception are nurses who have a forthcoming or pending State Nursing Board matter in Ohio, Kentucky, and Indiana. I take these calls, speak with the nurses for 15 minutes or so to get a feel for the issues, and either mail or email the nurse additional information about the legal services provided by my firm and how I can assist them in the State Nursing Board matter.

I cannot provide free legal advice, representation, or counseling to anyone; our mortgage payment won't let me do it. We happily refer nurses to www.taana.org or to their State Nurses Association for information and to seek the assistance of a pro bono nursing law attorney. 

Do you work for free as a nurse? Do you provide skilled nursing services with no expectation of payment? Of course not. I don't and the same applies to most nursing law attorneys that I know.

Nursing Documentation Disasters: My Top 10 for the Funky Stuff

I am hearing about some pretty wild things going on related to nurses and documentation. So here it is, my top ten documentation disasters for the funky stuff (this is a legal term):

1. Charting ahead. Oh you know what I mean. Its only 8pm and you have charted up until 5am the next day for your 7pm-7am shift.

2. Addendums. Making addendums or changes in a medical record or on patient care documentation in violation of your facility policy.

3. Submission of false billing documentation for skilled nursing services provided and you are paid for those services. Why are you submitting notes for services you didn't provide anyway? Have you ever heard of fraud or theft?

4. Signing off documentation, charts, or flowsheets using someone else's signature. WTF, why are you intializing or signing "anything" for someone else anyway?

5. Destroying, concealing, creating, or alterating any type of medical record, flowsheet, competency, etc. after an incident to paint a prettier picture of the incident. What is your intent here?

6. Charting you peformed a task or skill on a flow sheet or in the medical record and you didn't perform the skill or task.

7. Sneaking a peek at the electronic medical records of your neighbors, family, and friends who are admitted to your hospital and you are not assigned to provide care for these individuals.

8. Getting sloppy with your administration, handling, and documentation of controlled substances in a hospital. Its your career and your license on the line. The Pharmacy Board and the police may get involved so don't be surprised.

9. Getting sloppy with your administration, handling, and documentation and counting of controlled substances in a nursing home or assisted living facility. Its your career and your license on the line. The Pharmacy Board and the police may get involved so don't be surprised.

10. The cover-up or a conspiracy (two or more nurses) to cover-up is always worse.

Have you ever heard of monkey see, monkey do?

If a nurse colleague jumped off a bridge, would you do the same just because your colleague did it?

My grandmother would say this to us all of the time growing up. LaTonia, if you saw one of your friends jump off a bridge, would you jump off the bridge? I would always so "no" of course but peer pressure is a "mother" also. Get it, now that's funny.

Trying to cover-up and conceal 1-9 and using deceit, deception, and dishonesty to rationalize your behaviors, actions or inaction when 1-9 occurs or you know that 1-9 is happening on your unit or floor and you do nothing. Remember, there is a Code of Ethics for Nurses and nursing laws and rules governing your practice.

If the funky stuff is happening on your unit, contact your State Nurses Association or a nursing law attorney in your state or jurisdiction to determine what are your reporting obligations.

Are you a charge nurse, DON, ADON, nurse supervisor, or nurse manager? Legal Issues for Nurse Supervisors and Nurse Managers

I am seeing more issues in my law practice involving nursing supervisors and nurse managers. In your opinion what are some of the legal issues facing nursing supervisors? What are some of the legal issues facing nurse managers?

Firing A Client is Never Easy: What if we lived in a perfect world?

I fired a client yesterday. It wasn't an easy thing to do but it was necessary. I wish that I could make everything all right in these cases for my clients but this is real life, real issues, real drama, and therefore I "keep it real" with all my clients.  

If you are looking for an attorney to just tell you what you want to hear, then don't call LaTonia Denise Wright, RN, BSN, JD. For some of us that's hard. I must admit when I have legal issues (yes attorneys have legal issues that arise) it hard for me to absorb the legal advice provided to me by own legal counsel. Years ago I planned to fight a fine "all the way to the Supreme Court" because I knew I was right. I called my personal attorney. She laughed at me. We are friends so she laughed at me a little more over the phone. She took me out to dinner, laughed at me some more, listened to me, and then gave me legal advice. I paid the fine.

What I have found in 12 years of law practice and 8 years in nurse license defense is its even harder to absorb for some nurses who have been representing themselves over an extended period of time in a State Nursing Board matter(s). I am going to add these types of cases to my red flag list going forward because as I was driving home from Louisville (I also attended part of the Kentucky Nursing Board meeting) yesterday, I kept thinking you should have seen this one coming. Actually I only recently started representing the nurse this month so damn, I guess I did see it coming. But that's what 12 years of law practice and 8 of those years on the legal battlefield performing triage teaches you, baby!

A nurse with a long standing State Nursing Board case may say I know my case, the facts, and the issues better than some attorney who I just retained, right?

I wish we lived in a perfect world. In a perfect world, I wouldn't have a law practice representing nurses before the State Nursing Board because in a perfect world, nurses would not be reported to the State Nursing Board. In a perfect world, all nurses would also be perfect and there would not be a need for mandatory reporting to the State Nursing Board.

Are You Plenty Pissed? You hired a Personal Injury Attorney to Represent You in a State Nursing Board Disciplinary Investigation

I received a phone call from a nurse last week who was plenty pissed (that's a legal term) because his attorney resigned from the practice of law without informing the nurse. The attorney was representing the nurse before the State Nursing Board and filed a notice of w/d with the Board but did not notify the nurse.

The nurse was subsequently notified by the State Nursing Board "your attorney has withdrawn" "you have a right to retain another attorney to represent you" and "we are proposing to take action against your license."

The State Nursing Board didn't do anything wrong or improper here. But this nurse contacted my office and he was extremely upset about the situation. I can understand being upset in this situation because the nurse paid an attorney for representation and then never heard from the attorney. This attorney was a general practice and plaintiff personal injury attorney. And don't send me an email if you are a general practice attorney or PI attorney implying I am saying mean sh&* because I am not.

The nurse had several questions about the proposed action against the license and was furious that he would have to "retain another attorney" or pay for a legal consultation to discuss the proposed action against the license, review his options, and discuss what action against the license meant for his nursing career. Again I can understand his frustration and why he was so upset.

What I am saying here? If you are going to retain an attorney to represent you before the State Nursing Board, contact an attorney who represents nurses and/or licensed healthcare professionals before state licensing boards. Contact your state nurses association for a referral to a nurse license defense attorney. Research attorneys online. Speak with other nurses about an attorney referral. Go to www.taana.org.

1. Why would you hire a general practice attorney to represent, counsel, and advise you before the State Nursing Board?

2. Why would you hire a personal injury attorney to represent, counsel, and advise you before the State Nursing Board?

3. Why would you hire a criminal defense attorney to represent, counsel, and advise you before the State Nursing Board?

4. Why would you hire a family law attorney to represent, counsel, and advise you before the State Nursing Board?

5. Why would you hire an attorney who specializes in DUI cases to represent, counsel, and advise you before the State Nursing Board?

6. Why would you hire an attorney who specializes in estate planning to represent, counsel, and advise you before the State Nursing Board?

Do you get my point? Your license is too precious to play around with having someone represent, counsel, and advise you because "they have a sister who is a nurse and who can help in the case" or "their daughter is a physician and knows people" and the other remarks I have heard over the years.

The economy is forcing some attorneys who typically would not have taken these types of cases years ago to jump on license defense and State Nursing Board disciplinary investigations and hearing cases. I guess the thinking is "its just a nursing license" this can't be to hard, right?

As I have said before its not just representation before the Board that is important but its also counseling and advising on attending matters that it just as important as the actual representation of nurses. License defense is a specialty and a very small niche.

Its your license and if you are going to hire someone, do the research, make the calls, and find a nurse license defense attorney, healthcare license defense attorney, administrative law attorney, or nursing law attorney to represent, counsel, and advise you before the State Nursing Board.

Pre-Licensure Issues evolve into Post-Licensure Issues for Nursing Students and NCLEX-Applicants

This has been a very interesting year. I am being contacted by more nursing students and NCLEX-Applicants with a variety of legal issues pre-licensure which carry over into post-licensure issues.

I remember being in nursing school. Most nursing students don't have the funds to retain legal counsel. I know I didn't have that kind of money (okay I did in a rainy day fund) to spend on attorney fees. But I was initially licensed in 1993 as a RN and licensure for nurses has changed alot since then.

Pre-licensure issues for nursing students and NCLEX-Appplicants are turning into post-licensure issues for newly licensed RNs and LPNS, which may then carry on and forward into their nursing career, workplace, and may restrict employment opportunities.

I know they don't tell you this in nursing school but I guess its not their "job" to tell you these things. I hear

*  Why didn't my nursing instructors tell me this?

*  I can't find a job with all these restrictions on my license!

*  I didn't know I could contact an attorney!

*  Why wasn't an attorney appointed to represent me?

* What am I going to do now?

Then it gets even more difficult when you want to move out of state and obtain a license somewhere else. If you have pre-licensure issues, retain an attorney. If you don't have the money, talk to relatives or immediate family members. I am seeing nurses who are investing $20-60k in a nursing education (for a diploma, ASN, or BSN) only to find out at the end of the road that there is a licensure dance.

Do you dance by yourself? Or do you retain legal counsel and dance with a partner? The decision is yours of course and economic realities may dictate that you dance alone.

What Happens if you are named as a defendant in a nursing malpractice lawsuit?

Are you going to rely on the insurance coverage and legal assistance providing by your employer?

The answer would be yes for the majority of nurses. Being named as defendant in a nursing malpractice case is scary to say the least. What's even more scarier is that you could have your own policy with its own limits for just a hundred or so dollars a year for RNs and LPNs. Maybe a couple hundred for NPs and CNSs, depending on your state. Now for CRNAs and CNMs is several thousand dollars at least.

I have professional liability insurance for my nursing practice and consulting practice and a different policy for my law practice. Guess what if by chance I am sued, I don't want to worry about:

1. A civil judgment against me; Do you an extra $200,000 to 1 million dollars in the bank?

2. A lien on my real property or the seizure of my personal property (depends on the state);

3. My wages being garnished;

4. Having to pay for an attorney out of pocket to defend me; Do you have $20,000.00 for an evergreen retainer which will need to be replinished every 3-6 months throughout the litigation?;

5. Questioning the motives and strategy of my employer's attorney but having to play along because I can't afford my "own attorney"; etc.

This doesn't even account for the stress and emotional rollercoaster you are going to be on for a few years while your case winds or should I say grinds through the system. Paying a few hundred dollars or a few thousand dollars for your own policy may have brought you a piece of mind in the litigation that you WILL NOT have now.

What are the chances of you being named as a defendant in a nursing malpractice lawsuit? Don't know the odds and I like to gamble but I wouldn't risk it. One thing about insurance is you don't need it until you need it and when you need it, you REALLY need it. 

Maybe you trust your employer. I don't trust my employer and I am self-employed:)

I am working with nurses in these situations (who don't have insurance and who are named in a nursing malpractice case) and its a beast. I don't ask for much out of my nurse readers on this blog but one thing that I am asking is that you purchase your own professional liability insurance with a license defense protection benefit.  

License Defense Benefit in a Professional Liability Insurance Policy: Use It

I have spoke with at least 5 nurses this year who had their own professional liability insurance with a license defense benefit but did not contact the insurer after receiving Notice of a State Nursing Board Complaint.

This is a real benefit of the insurance policy because in my opinion you are more likely to have a complaint filed against your license with the State Nursing Board than you are to be named as defendant in a nursing malpractice case.  

10 Tips to Reduce Your Liability Risk As a Nurse

Welcome to the second installment of the Navigate Nursing Newsletter.  This issue examines the nursing litigation environment and offers tips to reduce risk exposure to prevent or minimize patient injury.  You'll also find the latest information on  nursing news, career tips, innovative products, and an online community to assist RNs create healthy work environments.  Create your customized plan today to navigate: Professional Success Patient Care Environments Personal Development

10 Tips to Reduce Your Liability Risks  Free Webinar October 27, 2009 at 2:00 pm (ET)   A new study of the nursing litigation environment found that while physicians bear the brunt of lawsuits, nurses are increasingly finding themselves defending the care they provide.  Examples of claims against nurses included: After an older adult falls, a nurse is sued for failing to change his care plan despite increasing problems with gait and behavior.  A nurse is sued for failing to note a patient's risk for skin breakdown and initiate appropriate preventive interventions.  Join Michael J. Loughran, Executive Vice President of Aon Affinity Insurance Services as he discusses the Nurse Liabilty Claims Study:  Implications for your Practice.  This 60-minute webinar will share strategies to reduce liability risks in your daily practice.   Register Now!   Sponsored by the Nurses Service Organization (NSO) and the Institute for Nursing Research and Education.  Improving Knowledge of Risk Management can Reduce Risk Exposure    Nurses play a critical role in delivering healthcare in a wide range of clinical settings, yet nursing practice carries inherent risks.  By knowing the areas within your daily practice that present the highest degree of risk exposure, you can act more effectively to prevent or minimize patient injury and financial loss.     AonAffinity's Nurses Service Organization (NSO) and CNA HealthPro released a new Nurse Claim Study that examines the overall nursing litigation environment and provides risk control recommendations.  read more.... NSO Outstanding Nurse Search Nurses Service Organization (NSO), a leading provider of porfessional liability insurance to nursing professionals, is launching the NSO Outstanding Nurse Search to share and reward the achievements and dedication of nursign professionals around the country.    Read more.....

For more useful tips to navigate your professional performance, patient care environment, and personal success explore our Navigate Nursing website.  There is a wealth of valuable resources created to help you create healthier and happier workplaces.     www.NavigateNursing.org

You Should Attend a State Nursing Board Meeting

I attended the Ohio Board of Nursing Meeting last week and it was very informational. I would encourage all nurses to attend at least one State Nursing Board meeting a year to see what business is before your State Nursing Board.

This was one of my law practice goals for 2009, to attend the Ohio, Kentucky, and Indiana Nursing Board meetings. I am on target with attending the first day of the Ohio Nursing Board meetings bi-monthly. In 2010, my goal will be to attend both days of the Ohio Nursing Board meeting and just stay overnight in Columbus. I am sorry but even Xena the nursing law road warrior cannot handle driving from Cinti and Columbus and back for two days straight.

The Indiana Nursing Board meets monthly and I will attend the Administrative Law Judge hearings in October. I will also have my assistant attend day one of the Kentucky Nursing Board meeting in October because we will be in Louisville meeting with clients.

I bring my office with me essentially (laptop with Verizon wireless internet service and my blackberry (which really loves me and I love it!) with me so I can work. In 2010, I am going to bite the bullet and try to attend all the Ohio Nursing Board Meetings (day one and day two) and at least 50% of the Kentucky and Indiana Nursing Board meetings.

Did you make any goals this year for your nursing practice? Are you willing to share one or more of the goals on this blog?

Nurse Liability Claims Study: Implications for Your Practice

Register to attend this free webinar on Tuesday, October 27, 2009 from 2pm to 3pm. Registration is limited to the first 1000 registrations, therefore you may want to register now. See https://www2.gotomeeting.com/register/969322523.

The objectives are as follows:

1. Describe and discuss liability risks to nurses
2. Provide data which can be used to benchmark  individual practice
3. Provide recommendations related to reducing liability risks
4. Describe the differences between historic and emerging practice  models and the related legal implications.

Have you renewed your Ohio RN license? If not, consider driving to Columbus, Ohio to renew in person at the Board's office

If you have not renewed your Ohio RN license yet, please be advised the deadline for renewal is Monday, August 31, 2009. If you have your renewal application, then you should renew as soon as possible and don't wait until the last minute to renew. I wouldn't be surprised if the online system crashes on Monday, August 31st because of the last minute renewals.

I am good for the year. I renewed by Ohio RN license and my Ohio, Kentucky, and Indiana law licenses.

Don't forget to renew your RN license. If you don't renew, your license lapses on Tuesday, September 1st, and you can be disciplined for practicing without a valid license in Ohio.

I thought there were organizations out here to help nurses? Paying for the Cost of One-Stop Shopping

This was a question posed in an email I received from the spouse of a nurse in a jurisdiction where I don't practice law. The nurse is being investigated by local law enforcement and the State Nursing Board for diverting medication from a hospital. The nurse has a meeting scheduled with the local police department related to the diversion. The nurse's husband wanted to know if the nurse should meet the police to explain her side of the story and maybe the officers will understand. The family also is struggling to pay household bills and stay afloat since the nurse isn't working now. 

I suggested that the nurse retain a criminal defense attorney and a license defense attorney ASAP and referrred the husband to several TAANA members and nurse license defense attorney in his state. 

I thought there were organizations out there to help nurses?  

There are organizations and associations providing a variety of services to nurses. Just search nurse or nursing and you will see a multitude of organizations and associations providing a wide range of services and products to nurses.

For example, professional associations (which the majority of nurses don't join and pay dues) like the American Nurses Association, Emergency Nurses Association, Infusion Nurses Society, and a State Nurses Associations may provide services such as advocacy, collective bargaining, lobbying, practice standards, and other services and products to nurses.

But guess what? If you need attorney representation, 9.99 times out of 10, you have to retain an attorney to assist you. There is no getting around this. If you need legal advice or representation, you have to contact or retain the services of a licensed attorney in your state or jurisdiction.

If you don't want to or can't afford to retain an attorney, then you can do the research and represent yourself or you can pose questions in online chat room forums. You can also contact the multitude of national, state, and specialty nursing associations and organizations for guidance and assistance.

If you want the ease of one-stop shopping of contacting a nurse license defense attorney or a nursing law attorney, 9.99 times of out 10 and obtaining the information and services you need about a State Nursing Board or professional practice matter, it is going to cost you money, whether it is a consultation fee or a retainer fee.

This is essentially what I offer as a nursing law attorney and a nursing license defense attorney representing, counseling, and advising nurses. One-Stop Shopping. You can spend hours or days on the phone trying to obtain this information and advice or you can contact a nurse license defense attorney or a nursing law attorney who represents nurses.

You can't contact a personal injury attorney or a general practice attorney who may offer a "free consultation" and get the benefit of experience, education, and expertise of RN-JD who practices daily,  exclusively, and hands on in the trenches with professional nursing practice matters and nursing law. Its a war out there and I am on the battlefield, baby. 

Attorneys don't like nurses don't work for free and expect to be paid, like nurses for the services provided. Sometimes you have to help yourself and part of this is being prepared and having a little cash set aside for emergencies and having your own professional liability insurance policy with a license defense benefit.

I am going to blog more about this topic this month because it has been weighing on me for while. Nurses are licensed professionals and there are risks associated with being a licensed professional. Contrary to the popular belief, your employer cannot give you or offer you all the products and services you need to navigate the Bermuda Triangle of Nursing Practice, which in my opinion is the intersection of nursing law, ethics, and professional practice standards in the worplace.

Your employer cannot and will not provide you with the all of the tools you need to manage the legal risks associated with professional nursing practice.

Also as a professional you may need the assistance of another professional (attorney, accountant, etc.) at some point in your career to assist you. You can't depend on or expect another professional to provide this service to you at no cost. That is not the way of world.

Indiana State Board of Nursing sets the record straight regarding License Renewal

Nursing Focus is the official publication of the Indiana State Board of Nursing. I received my copy of the publication in the mail this week. 

In the July 2009, Vol. 5, No. 2 issue there is an article on Renewal Questions and Answers on page 11. See http://www.in.gov/pla/2489.htm.

You are required to disclosed pending State Nursing Board investigations, pending criminal charges, and criminal convictions that were expunged or resolved through criminal diversion.

The application also asks if you have been terminated, reprimanded, disciplined, or demoted in your scope of practice as a nurse or as another healthcare professional.

Nurses are encouraged in the article to err on the side of disclosure because Renewal Fraud is grounds for disciplinary action in Indiana.

My law offfice represents, counsels, and advises nurses before the Indiana Nursing Board and if you need assistance or if you would like to schedule a legal consultation to discuss your self-disclosure to the Indiana State Nursing Board on the 2009 Application for Renewal contact my office at 888-571-1110.

Legal Webinars for Nurses: Recordings Available online now

I presented Emerging Legal Issues with Professional Boundaries and Professional Sexual Misconduct on Wednesday, July 15, 2009 for the Center for American Nurses. The recording along with the other webinar recordings are available online on the Center's website and online store. See

http://www.can.affiniscape.com/storeindex.cfm

The next webinars are as follows:

Professional Liability Insurance: Pros and Cons

August 19, 2009 from 7pm to 8:15pm ET.

The speaker is Rebecca Cady, RNC, BSN, JD, Attorney at Law

Nursing License Compact: Pros and Cons

September 16, 2009 from 7pm to 8:15pm ET.

The speaker is Carol A. Roe, RN, MSN, JD, Attorney at Law

Register at www.centerforamericannurses.org or call 1-800-685-4076.