My 2 Cents

Look at the Map from the current Poll

The Poll on my blog asks What is the Status of Your Nursing License?

The majority of the 132 responses are in the IL, OH, KY, MI, and IN areas. If you haven't answered the poll, please do so. There isn't any identifying information about you from the poll posted online.

This blog averages anywhere from 650-1,400 views a week, therefore if you haven't done so, complete the poll.

Do you have any suggestions for future polls on my blog? If so, let me know I will consider using your suggestion and giving you credit, if you like for the question.

http://www.vizu.com/res/Current+Events/Entertainment/Legal/nurse/nursing/nursing+law/poll-results.html?n=107058&cId=

Boundaries article written by Ohio Nursing Board staff

This article is considered a public record because it was posted on the Ohio Board of Nursing website as it was provided to Board Members for the November 2008 Board Meeting in Columbus, Ohio.

The article was written by Holly Fischer, General Counsel, Betsy Houchen, Executive Director, and Lisa Ferguson-Ramos, Compliance Manager. The staff are of course involved in nursing regulation and the article is written from a nursing regulation perspective.

Tell me what you think about the article.

See 

Download 6.1BoundariesArticleOBON.pdf

Should I Represent Myself before the Nursing Board? The Question To a Question

Its the question that drives us. Is the question that brought you to this blog. "Us" being licensure defense attorneys.

The Matrix. http://en.wikiquote.org/wiki/The_Matrix

I was asked this question this week by a nurse who is being investigated by a state nursing board. If I had $2.50 for each and every time I have heard this question, I could afford to purchase a heater for our in-ground swimming pool. http://www.propools.com/family.php/2240?frm=In%20Ground%20Pools:Heater:Heat%20Pump.

My response, is always should you represent yourself before the Nursing Board? Can you objectively represent yourself? Can you counsel and advise yourself on the attending workplace and regulatory issues associated with a licensure investigation? Are you familiar with Nursing Board disciplinary investigations and hearing process and procedures? Can you effectively implement a strategy to resolve the complaint in a manner that protects you and your license to the best extent possible? If action will proposed against your license, do you know your options? Is it in your best interest to settle or proceed to a hearing? If you monitored by the Board, will you counsel and advise yourself throughout this period also? Representation from the beginning to the end of a licensure matter.

This is what a nursing licensure defense attorneys does for a nurse.

I know finances are tight in this economy however its a personal decision whether or not to retain counsel and the majority of nurses do not retain legal counsel for representation in licensure matters.

I find it strange however that a professional has to question whether legal representation is needed or not. Forget what you hear about attorneys on law and order and other shows (although I love love and order special victim unit; I don't like criminal intent). You only need an attorney if you are "guilty" or if you have done something wrong. Attorneys represent, counsel, and advise you; its a basic right for all.

Actually I have an article that will be published in Nurses First next month (December 2008) about Miranda Rights and the Nursing Workforce of the future. See www.centerforamericannurses.org.  

Would you question whether you need legal representation in a criminal case?

Would you question whether you need legal representation in a medical malpractice case?

Would you question whether you need legal representation if you were sued for defamation?

Would you question whether you need legal representation if your employer sued you for breach of an employment contract?

Then my question is why do we as nurses or nursing students question whether or not we need legal representation in a nursing board licensure matter?

The Center for American Nurses has a pamphlet available to members of the roles and benefits of a licensure defense attorney and this may be helpful to you when deciding whether or not retain an attorney in a licensure matter. If you are not a member of the Center, consider joining or purchasing the article.

See www.centerforamericannurses.org.

The State Nursing Board Called and I don't have any money to retain an attorney

The webinar was a success! If you were unable to register and attend the webinar, you can purchase the CD and powerpoint. See www.centerforamericannurses.org.

A question was presented during the webinar by an attendee about legal representation. The nurse is currently being investigated by a Nursing Board and does not have the funds to retain an attorney.

Nancy Brent, RN, MS, JD is a dear colleague of mine. We worked closely together as co-chairs of TAANAs Publication Committee for two years. If you have a licensure matter in IL, I would refer to Nancy without hesitation because she has lots of experience in nursing licensure matters. For additional information about Nancy and her law practice see http://www.nurse.com/asktheexperts/brentslaw/

Nancy suggested that the nurse contact an attorney about handling the case pro bono as some attorneys may take a pro bono case. (My pro bono is all the volunteering I do with the nursing professional associations; please don't call me and ask me to take a licensure defense pro bono in Ohio, Kentucky, or Indiana because I will be offended; but that's just me).

Nancy also suggested borrowing money from a friend or family member or taking out a loan to retain an attorney. She acknowledged that as an attorney she had a bias but noted that representing yourself is never a good option because you cannot be objective.

In my law practice, I have seen cases where nurses say "hey, I could spend the money on something else besides retaining an attorney, but this is my license." I have clients who borrow the money from a family member, friend, or take the money out of a 401K.

Then I have others who take a "wait and see" approach and may contact me several months or a year later after the case didn't go as they planned.

Then there are others who represent themselves, agree to discipline against their license, and then contact me afterwards and seek assistance. These are usually nurses who have received "water cooler" or "nurses station" advice from friends and co-workers that "this isn't a big deal", "submit a statement, cooperate, and everything will turn out okay", and my personal favorite "the Nursing Board has bigger fish to fry, your case is small cheese." Just repeating this phrase makes me hungry.

I spoke with two nurses earlier this month who are being investigated by the Nursing Board and the Attorney General's office. The case is receiving alot of media attention because it involves 8 nurses who were termed for allegedly falsifying docs and unsafe nursing care in a skilled nursing facility. The nurses decided to meet with the Nursing Board investigator and the Attorney General Office investigator (who of course is looking for elements of criminal conduct) without legal representation to save money. I think they are doing the "wait and see" what happens and it may turn out okay approach. I can't say I blame the nurses because we are in stressful economic times, but.....

I can't speak for other attorneys, but I charge a flat fee in licensure defense cases and my flat fee is the same if you retain me before the complaint is filed but you know its coming, during an investigation, after an investigation, or after your license is disciplined and you are on probation. These cases are time intensive and in my opinion hourly billing is soooo last century. Alternative billing for attorneys and law firms is the future, hence my flat fee for representation. 

What am I saying? If you are being investigated or know you will be investigated by the Nursing Board, consider hiring a licensure defense attorney.  Yes, it costs money but....

Independent Practice and Self-Employed: Are You Regulatory Compliant?

If you are self-employed or a nurse with an independent practice, I say welcome. The work is hard and the hours are long but if you follow your passion, you will make "rain" and become a rain maker and marketer, and eventually money.

But guess what? Having your own practice and being self-employed means you are responsible for staying compliant with the various laws, regulations, and standards governing your practice of nursing and running your business.

When you work for someone else you don't see the money spent on attorneys, accounting, consultants, etc. What am I saying?

I am seeing more nurses who are self-employed and having an independent practice being "willy nilly" in regards to compliance with the Nurse Practice Act, Boards regulations, professional standards, and other laws and regulations.

Okay you may say, I will do this myself and save money. If you are going to do it, then take the time, do the research, and do it right. And even then consult with someone as a precaution.

Healthcare is highly regulated and YOU are responsible for ensuring your business and practice is 100% compliant. This doesn't mean 50% compliance or compliance on Monday, Wednesday, and Friday, but 100% compliant with the laws, regulations, and standards governing your nursing practice and your business.

Yes, it is alot but this is what it means to have a business and offer healthcare services. Set aside the funds to hire consultants and other professionals needed to operate your business. I see so many nurses in independent practice or who are self-employed who are trying to save a "dollar or two" and end up in legal matters and spend thousands of dollars.

Kentucky Board of Nursing Conference in Northern Kentucky

I attended a full day seminar on Thursday of last week sponsored by St. Elizabeth Medical Center. Kentucky Nursing Board staff (Sandra Johanson, Paula Pabon, Sharon Mercer, and Paula Schenk) presented at the conference. It was an excellent conference.

The conference covered the Kentucky Board of Nursing law and rules, complaint investigations and hearings, the KARE program for chemical dependency, and touched a little on the Nurse Licensure Compact.

The cost was only $45.00 and I did not have to spend $100.00 on gas to fill my boat.

If your state nursing board offers a conference I would highly recommend that you attend as you can never know too much about the laws and regulations governing nursing practice and I am sure you will learn "something."

Tale of Two Scopes of Practice, One Nurse, and a Licensing Board

Are you a RN and a massage therapist? A RN and an acupuncturist? A RN and a cosmetic therapist? A RN and health coach? An APRN and a ....? A RN and a ....? A LPN and a ....?

Know your scopes of practice and consider consulting with an health law or nursing law attorney about developing a position/job description reflecting your scope(s) and policies and procedures for your independent practice and/or your business.

Let's not even get started about whether or not you have professional liability insurance specifically written to address your dual professions/occupations!

If you are "winging" it and practicing "willy nilly" as so many do, you may find yourself at the center of a tale of two scopes of practice, one nurse, and a licensing board.

Advanced Practice Registered Nurses and Legal Advice & Counseling

APRNs is the term used in the literature to refer to CRNAs, NPs, CNSs, and CNMs. APRNs are advanced practice nurses and have a more expanded scope of practice than RNs.

APRNs are RNs and have some of the same legal issues as RNs.

APRNs as advanced practice nurses may have different legal issues than RNs.

When I started my law practice some seven years ago, I assumed that APRNs would be more likely than RNs and LPNS to seek legal representation, advice, and counseling in a licensure, regulatory, or professional practice matter. I assumed since APRNs receive additional nursing education that would translate into more education (a class or two) pertaining to the law, legalities, and legal issues in nursing. I am not a APRN.

If I would have bet money (and I do like to gamble sometimes) I would have lost.

What is your opinion? Are APRNs more or less likely than a RN or a LPN to seek legal representation, counseling, and advising?

NCLEX Applicants and the Nursing Board Application for Licensure by Examination

I spoke with a NCLEX applicant this week who failed to disclose a criminal conviction on the Nursing Board Application for Licensure by Examination.

If you have questions about a Nursing Board Application for Licensure, contact the Nursing Board for information.

Contact your State Nurses Association.

Contact a licensure defense attorney.

Do not rely on the advice and information provided by your friends and family. It may be inaccurate. Don't rely on the advice provided by your nursing instructors and professors. It may be inaccurate.

Don't just complete the application, cross your fingers, and hope for the best.

Contact the Nursing Board, your State Nurses Association, or a licensure defense attorney.

Ohio Board of Nursing Meeting Yesterday and $100.00

I drive a boat (its a Yukon Denali) and its costs me $100.00 to drive and from Columbus, Ohio from Cincinnati, Ohio with the escalating gas prices. However I like to attend the Ohio Board of Nursing Meetings. I attend at least one day out of two to obtain an update on my active cases from the Board attorney, observe the Board of Nursing Meeting, and catch up with colleagues like Jan Lanier with the Ohio Nurses Association (www.ohnurses.org), Wynne Simpkins with RWS Education (www.rwseducation.com) and Pam Dickerson with PRN Education (www.prnce.com).

The first day of the Ohio Board of Nursing meeting is always on the same day as the Indiana Board of Nursing meeting so I have to pick one. I will be at the Kentucky Board of Nursing office one day next week ($100.00) and one day the following week ($100.00). I also have to drive to Columbus, Ohio sometime this month again for a meeting with Ohio Board of Nursing staff regarding one of client's who is on probation ($100.00).

Its cost me about $100.00 in gas to drive from Cincinnati, Ohio to Louisville, Kentucky. The same to drive from Cincinnati, Ohio to Indianapolis, Indiana for the Indiana Board of Nursing meetings. I am not complaining because living in Cincinnati, Ohio facilitates a tri-state legal practice for me. And don't tell me to downsize to a smaller vehicle because I do alot of highway driving and I don't want to be swept off the road by a semi and I don't want to turn the AC off to pass another vehicle.

I would suggest that you attend your state board of nursing meeting at least once a year. Its informative and I am sure you will learn something that you didn't know about the regulation of nursing practice in your state. Hopefully attending a Boarde of Nursing meeting will not cost you $100.00 in gas!

How Much Is Your Nursing License Worth To You? My Nursing and Law Licenses are Priceless

I represent nurses in licensure and professional practice matters. So I receive a number of phone inquiries each week for nurses seeking representation in Board of Nursing disciplinary investigations.

After the initial phone consultation, I forward a packet of information to nurses for review and consideration. It always includes a Legal Services Agreement if the nurse wants to establish an attorney-client relationship.

Some nurses retain me, some don't.

Most nurses do not have professional liability insurance therefore in order to retain an attorney the nurse must pay "out of pocket" for legal representation. For nurses who don't have professional liability insurance, I charge a flat fee for legal representation. At least half of the flat fee must be paid initially.

A nurse contacted me this week who has been reported to the BON for falsification of medical records. Actually I have received two phone inquiries this week from different nurses related to allegations of falsification of medical records. Go figure.

I mailed the nurse a packet of information. The nurse left me a voicemail yesterday thanking me for the information and stating she can't afford to pay half of the flat fee.

I understand completely. The nurse is getting married soon so I can imagine that paying for a licensure defense attorney (an unplanned expense) is peanuts when you are paying for a wedding and handling the details of your wedding.

I also pointed out to the nurse in our initial discussion that she had did a few things that were "not in her best interest" after the Board of Nursing complaint was filed and that she was essentially "flying blind" in the licensure matter. Flying blind meaning being reactive and not looking at the big picture.

But in my experience this is common when nurses represent themselves in Nursing Board matters.

Just a few observations:

1. Board of Nursing disciplinary investigations are adverserial in nature. Just like criminal matters where you have the defense and the prosecution and in civil matters where you have the plaintiff and the defendant, you are on one side of the table and the Board of Nursing is on the other side table.

2. Most nurses proceed without attorney representation in Board of Nursing disciplinary investigations. Whether you realize it or not, you are proceeding "pro se", i.e. you are representing, counseling, and advising yourself.

3. If I have $2.50 for every time I have said this, I could purchase a vacation home in Las Vegas and retire. Consider purchasing your own professional liability insurance policy with a licensure defense protection benefit.

4. It costs money to retain an attorney. Any attorney whether its a flat fee agreement or hourly agreement will want an initial payment for legal fees.

Contact several different attorneys and compare fees. Flat fee vs. Hourly Fee.

Depending on the issues involved (employment, civil, criminal, licensure, and/or regulatory), it may cost one, two, three or 12 months of your salary. There was a case several years ago that involved nursing malpractice, a Board of Nursing investigation, labor arbitration, and criminal charges against a union nurse. This nurse did not have professional liability insurance and spent $25,000 to retain a criminal defense attorney, personal counsel in the malpractice case, personal counsel in the labor arbitration, and attorney representation in the Board of Nursing investigation.  

5. Money is always a consideration especially in these tight economic times. However you must ask yourself the following:

A. Should you represent yourself? Of course, you CAN represent yourself, but should you?

B. Are you willing to do the necessary research and investigation (law, rules, Board cases, state case law, Board opinions, process and procedure for investigations and adjudications, Board documents, etc.) to represent, counsel, and advise yourself before the Nursing Board?

C. Is it in your best interest to represent yourself?

D. Can you remain objective throughout this process?

E.  How will you know if what's being proposed to resolve the complaint is reasonable?

F. Who will inform you of your options? For example, if the Board proposes action against your license, what does this mean? How does it impact your employment? What your nursing career? Should you continue your nursing education?

G. What is your license worth to you?

Nursing College, several thousand dollars in student loans;

Law School, tens of thousands of dollars in student loans;

Maintaining an active and unrestricted law license (Ohio, Kentucky, and Indiana) and nursing license (Ohio),  Priceless.

The Economic Recession Doesn't Stop Board of Nursing Complaints and Legal Issues in Nursing

I am going to summarize my phone inquiries in the last 10 days:

1. Nurse reported to BON for a medical error that may or not not contributed to the death of a patient.

2. Nurse reported to BON for several medication errors; no patient injuries.

3. Nurse reported to state regulatory agency for allegations of resident abuse.

4. Nurse reported to BON for allegedly making inappropriate comments to patient.

5. Nurse reported to law enforcement agency and BON related to missing narcotics

6. Nurse reported to BON (Board of Nursing) for allegations of fraudulent documentation in medical records

7. Nurse reported to BON for failing to document the waste of controlled substances

8. Nurse license suspended for failure to comply with a Board of Nursing document

9. Nurse licensed suspended for failure to comply with a Board of Nursing document

10. Nurse seeking attorney representation at a video-taped deposition as a fact witness in a medical malpractice case; her former employer was not named as a defendant in the suit and refuses to provide attorney representation to the nurse. The nurse does not have her own professional liability insurance. She is not named a defendant in the case.

11. Nurse term'd and inquiring about suing his former employer.

12. Nursing student inquiring about suing a proprietary nursing school for discrimination.

***************************************************************************************

What does this say to you as nurse?

1. Consider purchasing your own professional liability insurance policy with a licensure defense protection benefit and that provides representation if you are subpoenaed for a deposition.

2. Document your administration, handling, and wasting of controlled substances. No exceptions.

3. If you signed a Consent Agreement, Agreed Order, or any other document where you consented to discipline against your license in lieu of a formal hearing, you must comply strictly with the agreement. No exceptions. Consult with a licensure defense attorney or an administrative law attorney regarding the document if you don't understand it.

Don't Purchase Professional Liability Insurance; Just Find a New Employer

This appears in the March 2008 edition of the Nursing Focus, a publication of Indiana Board of Nursing.

See http://www.in.gov/pla/files/March2008.pdf.

Dear Nurse Attorney,

I am a LPN in a long-term care facility. Should I carry my
own insurance? – Uninsured LPN

Dear Uninsured LPN,

If the long-term care facility has insurance, then you will
be covered under that policy. In the state of Indiana, longterm
care facilities are not required to carry insurance.
Therefore, I would check with the facility to see if the facility
carries its own insurance. However, by having your
own insurance, it entitles you to your own attorney. Many
of the policies available for nurses do not come into effect
until the facility’s policy has been exhausted. If you have
concerns over the care rendered in your facility, rather
than risk a malpractice action and putting your license at
risk, seek employment elsewhere.

Lorie A. Brown, R.N., M.D., J.D.

*******************************************************

Lorie Brown is a Indiana licensed nurse attorney and the views expressed in the Indiana Board of Nursing Nursing Focus are of course her opinion.

In my opinion all nurses should consider purchasing their own individual professional liability insurance policy. The risks you face in nursing practice won't disappear when you seek employment elsewhere; there are inherent risks associated with the practice of nursing. The potential for liability exists because of nursing accountability and this won't change with your employment setting.

A professional liability insurance policy provides you with protection in the event you are named as a defendant in certain cases AND in the event a complaint is filed against your license with a Nursing Board or another regulatory agency (depending on the policy).

There is an excellent article about professional liability insurance in the Feb/March/April 08 publication of the Ohio Nurse, a publication of the Ohio Nurses Foundation. See http://www.in.gov/pla/files/March2008.pdf. Scroll down to the Ohio Nurses Association and click on the publication.

Representing Yourself: Take the Process Seriously

A nurse contacted my office today. She did not leave her name; just her telephone number. A complaint was filed against the nurse with the state nursing board. The nurse met in-person with a State Nursing Board investigator and provided a handwritten statement after the meeting. The nurse was contacted by a Nursing Board attorney regarding an agreement to resolve the complaint recently. The nurse reviewed the agreement proposed by the Board and was very upset. She is demanding a hearing, which is of course a right in this type of proceeding.

This is common scenario in some states and jurisdictions. When you met with a Nursing Board investigator regarding a complaint filed against your license, YOU are Representing YOURSELF. For better or for worse, you are representing yourself in an administrative investigation and proceeding regarding your license.

When you submit a statement to the Nursing Board in response to a complaint, YOU are representing yourself.

There is nothing wrong with representing yourself. Self-representation is a right in our adversarial legal system.

I represent nurses in licensure matters so of course I have a bias. However I would merely suggest that any nurse who is being investigated by a state nursing board contact a licensure defense attorney for a legal consultation at a minimum. At a minimum discuss your situation with an attorney before you OPT (and you always have options) not to seek legal counsel.

Also if you do represent yourself in the licensure investigation, consult with an attorney before you sign a document proposed by the state nursing board to resolve the complaint.

Hindsight is always 20/20. I am being retained by more nurses who have represented themselves initially then retain legal counsel at the end of the investigation, negotiation phase, or during the Board monitoring or suspension phase of the "action" against the license.

Bottom Line: if you are going to retain an attorney; do so in the beginning of the investigation if you can. If you cannot afford a private attorney; then consult with an attorney then educate yourself on the process and procedure before you proceed. Do not take a  "willy nilly." After all your license is your livelihood.

Do Nurses See Attorney Fees as a Necessary Expense?

Nationally there are alot of nurses being monitored by a Nursing Board. Just a word of advice, nurse to nurse, this isn't legal advice of course.

If you are being monitored by a Nursing Board, you must STRICTLY comply with the terms and conditions listed in the Board Order, Consent Agreement, Consent Decree, Agreed Order, etc. Substantial compliance or partial compliance isn't enough.

If you have any questions about a Nursing Board document, consult with a licensure defense attorney in your jurisdiction. The attorney can assist you by explaining the document and what's required by the document.

Its not the job or role of the Nursing Board staff (this includes attorneys, monitoring agents, adjudication coordinators, investigators, etc.) to advise and counsel you regarding licensure issues and monitoring. In my experience, I have found that as a group, we as nurses turn to any and everyone except for attorneys for legal advice and counseling.

My son is 18 years old and my estate planning documents needed to be revised. I can't imagine if I passed suddenly what my son (who lives at home, sleeps until 2pm, and is underemployed) would do with the insurance money. Can you say trustee? I contacted an attorney and retained an attorney to revise these documents. I am not an estate planning lawyer. Of course I would rather have spent this money on something else but it was a necessary expense.

Do you think we as nurses view attorney representation, counseling, and advising in licensure, criminal, civil, employment, business, and professional practice matters as a necessary expense?

What is the Role of a Nursing Board Investigator?

I was contacted by a nurse regarding a pending disciplinary investigation and complaint filed against her license with a State Nursing Board.

According to the nurse, a Nursing Board Investigator indicated that attorney representation was not necessary.

Magical Moment. If you have to question whether or not you need an attorney in any given situation, then you need to speak with an attorney. As a professional nurse, you shouldn't need or require an affirmative response from anyone (your nursing supervisor, law enforcement agent, drug diversion task force officer, attorney general investigator, regulatory enforcement agent, nursing board investigator, etc.) on whether or not you need to seek legal counsel to protect your nursing license and your livelihood.

Trust your instincts! If you instincts tell you need an attorney, then invoke your right to attorney representation.

I found this on the internet and its a public document. Its the State of Ohio, Department of Administrative Services (DAS), job description for a Nursing Board Enforcement Agent. See http://www.das.ohio.gov/hrd/cspecs/classpdf/2162.pdf.

Read the job description and you will know the role of a State Board of Nursing Investigator or Enforcement Agent if and when you are contacted regarding a complaint filed against your license.

January 2008 Nursing Inquiries

January 2008 was a busy month for me in my law practice. I received the following inquiries from LPNs and RNs:

1. Criminal Convictions and current Board of Nursing investigation

2. Criminal Charges pending and a current Board of Nursing investigation

3. Medicaid Fraud allegations and current investigation by the Attorney General's office

4. Patient Abuse/Neglect and Attorney General's Office investigation

5. Chemical Dependency/Impairment in Nursing Practice

6. Allegations of Drug Diversion in the Workplace

7. Revocation of RN license in State A impacting licensure in State B

8. Allegations related to the administration, documentation, and handling of narcotics

9. Unsafe Nursing Practice allegations

10. Licensure Suspensions for the failure to strictly comply with a Board of Nursing Agreed Order, Consent Agreement, or Board Alternative Program Agreement.

11. Board of Nursing Alternative Program for Chemical Dependency applications

12. Board of Nursing Alternative Program for Chemical Dependency and its effect on licensure in other states

Don't Sign a Document You Don't Understand

My law practice used to slow down around Thanksgiving and pick up again around Valentine's Day or March. I am really busy, so much in fact that I am planning to bring an assistant on board next to help me with administrative issues (invoices, scheduling face-to-face meetings and phone consultations, marketing, etc.)

One of the most common themes I have observed this year from my law practice is a trend of signing documents and not understanding or taking the time to understand the implications of your signing said document.

For example, Barry self-reports a chemical dependency to a state board of nursing and is accepted in the Board's Alternative Program for Chemical Dependency. Barry signs a 8 page Monitoring Agreement. Barry knows that he is supposed to strictly comply with the Agreement but he doesn't for whatever reason.

Another example, Sherry is a nurse and she signs a Consent Agreement that imposes temporary and permanent practice restrictions on her license and other conditions on her license. Its a 7 page document that lists the conditions. Sherry fails to comply with the Consent Agreement.

Do not under any circumstances sign a document unless you understand each and every condition, provision, and term in the document and the practical applications for your nursing license. 

Ohio Board of Nursing Disciplinary Investigations: Can it Happen to You?

RWS Education, LLC. is a company owned by Wynne Simpkins, MS, RN. Wynne was employed with the Ohio Board of Nursing for a number of years and later worked as the Executive Director of the Licensed Practical Nurse Association of Ohio. See www.lpnao.org.

Wynne's company which offers CE for nurses is sponsoring a three hour CE event for nurses in Cincinnati, Ohio. The title is Ohio Board of Nursing Disciplinary Investigations: Can It Happen to You?

Both Wynne and I are the presenters. The date is April 23, 2008 from 1pm to 4pm at the conference center at Drake Hospital. The Drake Center is located at 151 W. Galbraith Road. The application for CE is pending with the Ohio Nurses Association. The registration deadline is April 4, 2008.

The cost is:

$50.00 for RNs or LPNs

$40.00 for members of LPNAO or ONA

$25.00 for students

$35.00 for early bird registration (received by March 1, 2008).

The content includes a discussion of the investigation and discipline of a nursing license in Ohio and the legal rights and responsibilities of nurses in disciplinary investigation.

Registration is limited to 75 attendees. For additional information about the seminar contact Wynne at 937-620-2861 or bartkinswr@aol.com.

I will post additional information about the seminar as it becomes available on my website at www.nursing-jurisprudence.com and on this blog.

Are You a Perfect Nurse?

I received this comment today from a nurse:

I carry malpractice ins. against the advice of most all my RN co-workers. I believe in it.....but I was sad to hear Susie Orman on her show this past Saturday night tell a nurse, that private malpractice insurance was NOT necessary, as long as the nurse was covered under her employer & the nurse followed all policies perfectly. Thoughts?

Thank you for contacting me. I don't follow the Susie Orman show. All licensed professionals need liability insurance insurance, especially licensed healthcare professionals.

A healthcare facility insurance policy is meant to protect the facility and it may cover you as a employee of the facility. Do you have a copy of employer's liability insurance policies? Are you provided with a copy of your employer's liability insurance policy(ies) whenever changes are made to the policy? Of course not, because the policy is not meant to protect you, its meant to protect the facility.

Also I don't know of any perfect nurses who follow all policies perfectly and who practice in a perfect nursing work environment. Nurses are held to an ideal of perfection and angelic like behavior which is unrealistic.

All nurses should consider having their own professional liability insurance policy written by a major insurer that insures nurses and licensed healthcare professionals. See www.nso.com  and www.proliability.com.

Your own professional liability insurance policy will protect you in the event you are named as defendant in medical malpractice case and in the event a complaint is filed against your license with the Board of Nursing or another regulatory board. Your employer's insurance will not assist you in defending your license. Why? Most of the time its the employer reporting the nurse to the Board of Nursing and the policy is written to protect the facility.

Considering the majority of nurses practice in mandatory reporting states (see  https://www.ncsbn.org/Discipline(1).pdf at page 29) i.e. employers are required to report suspected or alleged violations of the Nurse Practice Act and/or Board of Nursing regulations to the Board of Nursing, it makes since that all NURSES consider purchasing his or her own professional liability insurance.

Most nurses don't have professional liability insurance which I think is the reason why most nurses don't retain legal counsel in Board of Nursing disciplinary investigations. Professional liability insurance for nurses is inexpensive and I pay less than $100 a year for my professional liability insurance that covers my nursing practice (as a home health RN) and my consulting practice. I have another policy that covers my law practice.

Also I can tell you as a licensure defense attorney who has represented nurses who work in a variety of settings from hospitals to home care to independent practice to nursing homes, employers don't operate from a "let's do what's best for the nurse or our nursing employees" point of view; Business decisions and judgments are made and fairness is in the eye of the beholder.  Its your role to be your own risk manager and protect your license and livelihood. Professional liability insurance should be part and parcel of your portfolio as a professional.