Don't believe the hype and what you hear on the online nursing boards, forums, and chatrooms. Multiple OVIs, DUIs, and/or DWIs can impact your nursing license. See Download DUIsmultipleandOhioNursingBoard
This nurse was convicted of OVI in Jan. 2004, July 2004, and June 2006 and therefore his/her subsequent conviction in Feb. 2010 was a fourth degree FELONY (3 prior convictions in 6 years. This is a new law in Ohio).
Did you know most states have laws where multiple DUIs convictions in a certain time period result in a felony conviction?
The Ohio Board of Nursing issued a Notice of Opportunity for a Hearing at the May 21, 2010 Board meeting against this nurse.
I am going to profile actual cases before the Ohio, Kentucky, and Indiana Nursing Board (redacting names and case information because its not necessary for this educational exercise) from time to time for my readers so you can see first hand how the State Nursing Boards review and adjudicate these cases.
What should you take from this case?
1. If you are charged with a DUI, OVI, or DWI, retain a criminal defense attorney and speak with a nurse license defense attorney.
2. If you have multiple DUIs, OVIs, or DWIs in the past and you are charged with another DUI, OVI, or DWI, retain a criminal defense attorney and retain a nurse license defense ASAP, like yesterday.
3. Criminal matters turn to licensure matters turn to employment matters for nurses. Hire an experienced nurse license defense attorney to assist you going forward. There is only so much "information" you can obtain online on blogs, websites, chatrooms, boards, and forums and this is NO SUBSTITUTE for the real "thang", i.e. retaining your own nurse license defense attorney to represent, counsel, and advise you before the State Nursing Board.
I will have 1,000 blog posts sometime in July 2010 and to celebrate I am going to offer several promotions in July because its my birthday (July 2nd) and my 1st year wedding anniversary (July 8th), and my man's birthday (July 28th). Do you really need to a reason to party likes it 1999 anyway?
I think I am going to offer two free teleseminars on legal issues and maybe a free webinar, a discount on workplace consultations for nurses across the country, and free legal consultations for nurses in Ohio, Kentucky, and Indiana for 2 days only. I may also have a drawing for "free" legal representation for a nurse facing a complaint before the Ohio, Kentucky, or Indiana Nursing Board. I have to research this, speak with my attorney and clear the "free legal representation" contest with my lawyer first and contact the attorney ethics hotline.
Speaking of retainers, do you have an attorney on retainer? My best friend works as an Ohio Independent Provider and asked me if she could retain me for regulatory compliance. My BFF isn't a nurse. I thought wow! Here is a non-nurse who works as a IP who is interested in retaining me for regulatory compliance related to her IP practice and business recognizing there are legal risks and pitfalls . I actually offered a contract for Ohio IP-RNs and Supervising RNs and sold a few several years ago.
I am going to market and offer a full range of services for Ohio IPs including RNs, LPNs, and Aides because regulatory compliance is needed. You only need to look at the number of the Ohio Nursing Board Notices of Opportunity for a Hearing and Proposed Adjudication Orders terminating a provider number issued by ODJFS (Ohio Dept. of Jobs & Family Services) to recognize there is a need.
But the $2.99 question as always is whether or not nurses are willing to pay for a risk management service (which is what regulatory compliance is as matter of fact) and having an attorney on retainer? In my experience most nurses don't hire an attorney to represent them before the State Nursing Board so why would a nurse practicing nursing in his/her own business owner retain an attorney for regulatory compliance? Also the nurse business owners who practice in their business I have encountered in my experience only hire an attorney when something happens. This is being reactive and not being proactive.
Most docs and dentists who run their practices have attorneys and other professionals assisting them with regulatory and legal compliance. Why don't nurses do this? Docs and dentists are trained in med/dental schools to run and manage their own business. Why don't nursing schools and colleges do the same for nurses?
Are nurses trained to be the future health care leaders and the business owners of tomorrow or are nurses being trained decade after decade to be the at-will employed employees of the future healthcare care leaders and business owners of tomorrow?
You can't run a business and practice nursing in your business without risk management and regulatory compliance, can you? You can of course but you are assuming alot of risk and potential liability. Willy Nilly, Hodge Podge, and the Whack a Mole approach isn't the best solution for risk management and regulatory compliance for individual nurses or a nurse owned and operated business.
Now back to my BFF. I am greedy (hence my diet) and I also like money but I wouldn't charge my BFF for counseling and advising and regulatory compliance but I have to charge you unfortunately. Damn our mortgage:)
If you run a nurse-owned business or practice as a IP and run your IP business, do you have an attorney on retainer? If you are in Ohio, Kentucky, and/or Indiana, I am of course available to assist you.
I was asked this question yesterday by a RN in Ohio.
LPNs and RNs have a different legal scope of practice based on the State Nurse Practice. The education and training of RNs is broader and more expansive than the training of LPNs which is why there is difference in the legal scopes of practice between LPNs and RNs.
See these brochures from the Ohio Board of Nursing discussing the differences.
Kentucky Board of Nursing
In general a RN functions independently and is authorized to perform in all aspects of nursing practice. The LPN has a dependent role and functions at the direction of the RN, MD, or another licensed healthcare professional as indicated in the State Nurse Practice Act.
So why the confusion? Because some employers (hint: primarily skilled nursing facilties but also home health agencies) don't craft and draft job descriptions, assign patient care, or develop nursing workflow processes which the State Nurse Practice Act and Board of Nursing regulations as the guiding principle.
If this was done, an explanation and rationale could be provided and all nurses would really understand "delegation" and the difference between the RN and LPN scope of practice and how this is applied in a particular facility, on a specific unit or floor, and/or with this patient population. This would also help ease the tension seen in some facilties between RNs, LPNs, and nursing assistive personnel like STNAs and HHAs.
In general it is outside of the scope of practice of a LPN to delegate nursing tasks to a RN. This doesn't mean a LPN can't do the scheduling and other clerical or administrative tasks because these are not NURSING tasks.
Do LPNs in some facilities delegate nursing tasks to RNs? Of course and we all know it happens and we know "management" is aware of the practice. This doesn't make it right or acceptable and IMO this is where the journey to the dark side of the force starts as it did for Young Anakin Skywalker. http://en.wikipedia.org/wiki/Anakin_Skywalker
Violations of the Nurse Practice Act which everyone assumes are "no big deal" and "an accepted practice" are tolerated and accepted which in IMO leads to additional rule bending and violations of the Nurse Practice Act (we are doing this and its accepted so why not do try this also).
All of this is "okay" until something happens and things get reported to the State Department of Health and then the State Board of Nursing. That's where the finger pointing starts. Can you say State Nursing Board complaints served hot and fresh for everyone including the LPN, the RN, the RN unit manager, and maybe the ADON and/or DON?
My nurse attorney colleagues Suzie Collins and Cynthia Mikos from Florida published an excellent article discussing State Nursing Board complaints and the impact of rule bending in the workplace. I will find the cite and publish it later.
As a nurse you are a licensed professional. Its your license not your employers and you should know the legal and professional underpinnings and regulations/rules/policies governing your nursing practice. Don't rely on your employer to interpret the State Nurse Practice Act for you. You are individually accountable and responsible and potentially liable for your nursing practice. If something doesn't feel right, ask questions and seek assistance. You shouldn't perform tasks you know violate your Nurse Practice Act and you should under no circumstances practice outside of your legal scope of practice. This isn't legal advice, its common sense. Happy Friday!!!
Some of my time as a nurse license defense attorney practicing before the Ohio, Kentucky, and Indiana Nursing Boards involves compliance: working with nurses who are probation with the Nursing Board or working with nurses whose licenses are suspended and meeting the terms/conditions for reinstatement of the RN, LPN, or APRN credentials.
Please keep the following in mind if:
1. your license is suspended and you are working on reinstatement
2. your license is probated; or
3. your license is monitored in an Alternative to Discipline program for Substance Use/Abuse:
A. Nursing Board staff are Nursing Board staff. Don't get it twisted. Again, Nursing Board staff are Nursing Board staff. Nursing Board staff function within their position and job descriptions. The role of the State Nursing Board is public protection and the job descriptions of Nursing Board are written and drafted with this premise at heart.
B. Its not the role of Nursing Board staff to counsel or advise you on your options. Just like the Nursing Board staff can't represent you before the State Nursing Board, the Nursing Board staff cannot counsel or advise you on your legal options.
C. Nursing Board staff may also be nurses but guess what? Nursing Board staff are nurse regulators. Its not the role, function, or job description of State Nursing Board staff (Board attorneys, investigators, compliance agents, monitoring agents, etc.) to advocate for ANY individual nurse. Again don't get it twisted thinking "I'm a nurse, you are a nurse, and things are all peachy and creamy." I am on a diet but I really want some ice cream, now!
D. There is thin line between general information and education about a topic and giving legal advice IMHO whenever a nurse has a regulatory, license, criminal, malpractice, or employment issue. Everyone and their momma wants to give what I think is "legal advice" and preface it by saying "I am not a laywer but..." Stop relying on the bootleg "legal advice" given to you by counselors, therapists, colleagues, friends, family members, etc. Only a state licensed attorney can you give legal advice and counseling and representation before the State Nursing Board.
E. You have an Agreed Order, Adjudication Order, Board Order, Consent Agreement, or some other legal document which resolved or adjudicated the pending complaint(s) against your license. This document is a contract. You may need assistance complying with the terms/conditions in the contract. Retain a lawyer because there is only sooo much info you can obtain on a fishing expedition (calling different attorneys and asking questions) or asking questions on the online nursing forums.
F. If you are facing discipline against your license or your license has been disciplined and you need advice and counsel, then you should retain a license defense attorney. No ifs, no ands, and no buts. Stop asking everyone what you should do and hire an attorney to assist you and guide you through this process.
G. There are alot of nurses who throw in the towel and surrender their license out of frustration dealing with the State Nursing Board related to license reinstatement, probation, and/or monitoring. Lots of my clients attend NA/AA meetings and are discouraged when they meet other nurses who tell them "its not worth it dealing with the State Nursing Board", "you might as well give up your license now because...", "I was on probation with the Board for 6 years and I didn't do anything wrong but forgot to submit a few papers and...."
I remind my clients most if not all of those nurses didn't RETAIN and have a nurse license defense attorney working with them throughout this process. Don't throw in the towel because you worked hard for your nursing license. I know I did! Before you say frack it, hire a nurse license defense attorney to assist you.
I tell my nurse clients to settle down, tuck in your shirt, and iron your skirt because we are going to be together for a few years working this out. Its just the nature of the beast in some of these State Nursing Board complaints and cases.
Like Hillary Clinton, we are in it to win it. Yes I know what she didn't "win" the first round, but there is always round 2, round 3, and round 4. That's why you need a lawyer in these cases to see the forest when you are surrounded by trees and some of the trees have only superficial roots, are weak because of the lack of water and nutrients, and are ready to fall at any given moment.
My clients know even after their Nursing Board case is resolved to call me for anything license, regulatory, career, workplace, employment, criminal, or anything indirectly, directly, or remotely related to the RN, LPN, or APRN credentials. That's just the way we roll here. You need to file a grievance against your current employer, call me. You got fired and you want to vent, call me.
As matter of fact, call me first when something happens even if its 5 years post-Nursing Board probation. My contact info is the same and I am ready and waiting for your call:)
If you have a license defense benefit on your individual professional liability insurance policy you purchased and you have a complaint filed against your license with a State Nursing Board you should consider the following:
1. Contact your liability insurance carrier and inform the insurer of the pending complaint ASAP. You are required to provide your insurer with Notice of the pending complaint. Check your policy.
2. Ask your insurance carrier for a few names of nurse license defense attorneys in your state.
3. Research the nurse license defense attorneys online.
4. Contact the nurse license defense attorney(s) and ask questions.
5. Retain an attorney or law firm to represent you before the State Nursing Board.
I am being contacted by nurses who have a license defense benefit and for whatever reason have decided not to utilize the insurance until their case "has developed." The wait and see approach works for some. What is the wait and see approach? You proceed pro se with representing yourself until you "find out" or hear something in your case which causes you alarm or panic.
What is pro se? http://en.wikipedia.org/wiki/Pro_se_legal_representation_in_the_United_States. If you are not being represented by counsel before the State Nursing Board, then you are pro se.
If you are involved in a State Nursing Board case, consider retaining an attorney immediately after you are provided Notice by the State Nursing Board of the pending complaint against your license.
I am seeing more new grads being reported to the State Nursing Board and complaints that are much more complex than 3-6 years ago.
Money is tight for most in this country now. I know alot of nurse license defense attorneys in Ohio, Kentucky, and Indiana and across the country and I don't know any attorneys who work for free or pro bono in these types of cases because the cases are long and tedious. Its administrative law and to be expected.
If you need to hire an attorney borrow the money from a friend, relative, or pull it from a retirement or savings account. Maybe you should postpone the family vacation which may be the last vacation if your license is restricted or revoked anyway because of your failure to appreciate the seriousness of the charges and allegations at hand.
We just paid an attorney to draft our estate plan. It costs money but its money well spent in the big scheme of things. So many nurses will say "I cannot afford an attorney" when the phrase should be "this is my license and my livelihood and I cannot afford not to have an attorney."
Complex and a fact pattern from a John Grisham book=attorney representation.
How do you know if your case is complex and complicated? Contact a license defense attorney. Any attorney who practices in the field should be able to give you the "skinny" on what you are facing when defending your license before the State Nursing Board.
Also if your case involves anything of the following you really need to speak with a nurse license defense attorney ASAP:
1. Substance Use and Abuse or Theft of Drugs. Anytime, I mean anytime you are stealing drugs you need a lawyer, NOW, and I mean like yesterday. Theft of drugs is a felony and this cases are long and resolve over an extended period of time; think years boo boo not days, weeks or months.
a. If you stole drugs from work and you are a nurse=retain a license defense attorney
b. If you deny stealing drugs from work and you are a nurse=retain a license defense attorney
c. I am trying to make a point here because I see so many nurses who have a substance use and abuse disorder repping themselves before the State Nursing Board, sometimes with success and alot of times with anger, frustration, and eventually leaving the profession. Spend the money and retain a lawyer. Nurses will drop several bands (that's slang for one thousand dollars) on a vacation, private school child, college for an adult child, or for a home remodel but will not in general make the same or similiar type of investment in themselves for legal representation, counseling, and advising which allows one to maintain the license, livelihood, and a career.
2. Prescription medication and suspected impairment;
3. NCLEX-RN or NCLEX-PN Applicant disclosing criminal, mental health, or substance abuse info to the State Nursing Board;
4. Misdemeanor or Felony Conviction(s) and License Renewal and Initial Application for Licensure;
a. If you are a LPN and working on your RN or if you are a RN and working on your APRN and you have a complaint pending against your license with the State Nursing Board, hire a lawyer.
5. You reportedly failed to establish and maintain professional boundaries with a client, patient, or family member;
6. Professional Sexual Misconduct;
7. Cognitive, Mental, or Behavior Impairment and Unsafe Nursing Practice Allegations;
8. Allegations of Falsfication, Destruction, or Tampering with Documentation or Falsification of a License Renewal Application;
9. You are licensed in several states by endorsement and you are facing investigation in one or more states;
10. You are a nurse practicing in Compact State and being investigated by another State Nursing Board outside of your Home State;
11. You test positive for a medication or drug and you don't have a script;
12. You allegedly practiced outside of your Scope of Practice. Scope of Practice allegations are serious and please don't blow these off;
13. You have prescriptive authority and you have prescribed outside of your legal boundaries;
a. If you are a APRN and you are reported to the State Nursing Board for anything, you need a lawyer. This includes CRNAs, CNMs, CNS, and NPs.
b. If you are a APRN, hire a lawyer because discipline can impact credentialing and privileging and has alot of consequences for your career that may not be readily apparent now.
14. Medical errors which result in patient harm or death;
15. Any action or inaction that results in patient harm or death;
16. You are being investigated by two or more State Nursing Boards or you hold licenses in several states;
17. You are charged with a felony or misdemeanor, you may plead to a lesser offense, and you don't know what it means for your license;
18. You are a dually licensed professional, meaning in addition to being a RN or LPN you are also a RT, OT, PT, MT, therapist, counselor, dentist, or you have independent provider. Action against one license impacts the other license so get an attorney involved in the beginning of the first investigation. For example if you are a RT and a RN. If you RT license is disciplined then this must be reported to the State Nursing Board and this starts another investigation.
19. You are being encouraged to "self-report" to the State Nursing Board by your employer or a former employer
20. You are a new nurse (0-3 years) and a complaint is filed against your license with the State Nursing Board.
Call my legal assistant Jaren directly at 513-328-8217 or contact my office at 888-571-1110 if you have an issue with the Ohio, Kentucky, and/or Indiana State Boards of Nursing.
Make sure you read the comments.
Skilled nursing facilities are not the best work environments for RNs. I am seeing more RN terminations, LPN terminations, State Nursing Board complaints, and other issues stemming from CNAs "double teaming" or "triple teaming" the RNs usually or sometimes the LPNs, reporting false information to the DON and Administrator which then causes licensure, workplace, or career issues for the nurses.
I will say it again, skilled nursing facilties are not the best work environments for RNs. I had to tell one of my clients from 2005 this just yesterday when she called me regarding "he say she say" issues at a nursing home in Columbus, Ohio.
Skilled nursing facilities are not the best work environments for RNs. Why?
1. The staffing at the a nursing home pits RNs against LPNs because the staffing and work assignments are not written with the State Nursing Practice Act and the principles of delegation in mind. This sets up a constant battle at some facilities between RNs and LPNs, LPNs and STNAs, and RNs and STNAs.
2. There is NEVER enough time to do what needs to be done and perform the assigned tasks in a shift for the residents. Oh but guess what the facility doesn't want its nurses to work any OT. So what do you do?
3. Nursing homes are highly regulated, for a reason I might add. Any incident needs to be reported to the "MAN" or "to the State." What this means for nurses is because we bear most of the accountability and responsibility for patient care, the buck stops with the LPN and/or the RN. The nursing home blames the nurse, fires or writes the nurse up, and reports the nurse to the State Nursing Board.
4. The turnover rates with nursing home administrators, DONs, and unit managers is comparable to the waitress/waiter turnover at your local Waffle House. There is turnover galore from the top to the bottom and from the bottom to the top in nursing homes. So as a RN you are working with different administrators, DONs, unit managers, CNA, LPNs, and other staff every couple of months. What's up with this?
5. I have drank 4 cups of coffee and I am going to say it bluntly here this morning. RNs you have alot of options for employment and unless you LOVE geriatrics you need to do a cost benefit analysis before you decide to work in a nursing home. When you interview for a position, you need to interview your employer and ask around before you jump in head first into the deep end of a concrete swimming pool with 5 inches of water.
6. Any nurse who works in a nursing home needs professional liability insurance with a license defense benefit. You need the max in coverage in baby. Working in a Skilled Nursing Facility as a LPN or RN=MAX in Professional Liability Insurance Coverage with a License Defense Protection Benefit. Go for and obtain the MAX! You may really need it.
7. If you are a RN and you just have to work in a nursing home, work part-time at the SNF and part-time elsewhere or per diem at the SNF and FT or PT elsewhere so that you are bogged down "day and night" with the drama.
8. If you are a RN and you just have to work in a nursing home, move up to management. Which may or may not be too much better because I have alot of legal consultations with nurse managers in SNFs in Ohio, Kentucky, and Indiana and you are starting to see more lawsuits where nurse managers in SNFs are being named as defendants in nursing home negligence cases.
9. If you work in a nursing home FT, develop a risk management plan for your nursing practice. Documentation is extremely important. I read in an article written by an attorney who represents nursing homes that staff in a SNF should provide care first and worry about documentation later. Excuse me? This attorney obviously does not represent nurses before the State Nursing Board.
Your license will not survive a patient care first and then documentation last attitude in a SNF and you will emerge from the State Nursing Board investigation and evidentiary hearing with scars and wounds because you "knew better." Its a do or die mentality in some of these SNFs. RNs and LPNs are being treated like fungible and at-will employed employees who can be tossed about, thrown in the air, and replaced at any time like a garbage bag on a large roll.
10. You know when its time to leave a facility. Trust your instincts. Don't let your pride get in the way or the fact that its "your hall" or "your cart." Its your license on the line and quite frankly that is the most important item on your agenda because with your license you can work ANYWHERE. You are not licensed by your SNF, thank God, you are licensed by the State and you can practice SOMEWHERE ELSE. There isn't any institutional licensure of RNs and LPNs and I think some SNF administrators need to be reminded of this.
Don't sweat the small stuff and allow the drama in a nursing home to consume you. Keep it moving because you have alot to offer. There is a reason why you see so many nurses working just a few years here, a few months there, and a couple years....
Here is part of an email I received today:
I wanted to share this exciting opportunity to recognize nurses. Sally Bixby, RN will be President of the Rose Parade. Her presidency begins in January 2012 and ends on January 1, 2013 with the world renowned Rose Parade that is viewed by millions of people around the world. We are raising funds to build and decorate a float, to honor and celebrate nurses, for the 2013 Tournament of Roses Parade.
A core group of nurses in Southern California saw this historic opportunity to put nurses and the nursing profession on the international stage with a Nurses Float. The group formed the non-profit organization Bare Root Inc., Flowers 4 the Float whose project goals are:
- To publicly honor and thank all nurses for the difference they make in the lives of patients and their families.
- To use this event as a global recruiting tool for the nursing profession.
- To generate excitement and interest in the profession of nursing and all it has to offer.
As a volunteer for the organization I would love the opportunity to work with you to raise awareness about our profession. Together we can share information about the work nurses do using knowledge, skills and expertise to care for patients. These efforts will help to lift up and empower nurses around the world. Learn more about the project on our website: www.flowers4thefloat.org. Your donations will support this unique opportunity to recognize, celebrate nurses and speak about the nursing profession through Sally Bixby’s presidency.
If each one of us reaches out to ten others soon information about this effort and our profession will reach around the world in nursing and the general communities.
Take time to smell the roses and make a difference.
Sincerely,Sara McMannus RN, BSN, MBA
If you have had more than one State Nursing Board Complaint and this isn't your first State Nursing Board investigation and you are seeking attorney representation, let your attorney know this upfront and initially. Don't hide it.
It really sours the attorney-client relationship when you speak with an investigator, staff, or an attorney from the Nursing Board and find out that a nurse has had two, three, or four State Nursing Board complaints filed against him/her and the nurse fails to disclose this information to you. You don't have to watch CSI or have forensic training to see a pattern if the allegations are similiar when a nurse has had multiple State Nursing Board complaints!
I terminate the professional relationship in these types of cases. Yes attorneys can and do fire clients, this attorney does anyway.
Why would you not tell your attorney this is your 2nd, 3rd, or 4th State Nursing Board investigation and complaint? Its deceptive because guess what if you have had that number of complaints then most of the time the Board is going to treat the pending complaint with a Priority One and Big Red status depending on the allegations. Your potato is hot!!
I have a problem with liars, but that's another story. I just feel that there are SO many other people a client can lie to like close friends, family, kids, and a spouse/partner so why lie to your attorney? This is the 2nd time a person has lied to me about previous State Nursing Board complaints this year and therefore this will be the first question I start asking when I speak with prospective clients. Is this your first State Nursing Board complaint and investigation?
I am revising my client intake form and this is the first question on the form in bold even before I ask for your name:
Have you ever in this lifetime or a previous life been reported to the State Nursing Board or any state or federal regulatory agency in this state, another state, another country, or on another planet?
I have a family member who is a RN/almost a RN who has stepped into some deep dog dudu in her personal life which will eventually impact her RN license or suitability to remain a RN here in Ohio. No, I will not handle her case but will refer it to one of my colleagues in Columbus, Ohio who practice nurse license defense.
I have three rules for my law practice:
1. Recognize red flag clients and refer out to other attorneys;
2. I don't represent child molesters or rapists before the State Nursing Board; and
3. I never, ever, ever, ever represent, counsel, or advise family members or friends on ANYTHING legal.
What is dudu? Its dog excrement. See http://www.urbandictionary.com/define.php?term=dudu
Remember the famous slogan about Las Vegas, what happens in Vegas stays in Vegas? http://www.visitlasvegas.com/vegas/index.jsp
What happens in your personal life as a nurse does not necessarily stay in your personal life when you are a state licensed professional in some states or jurisdictions! Maybe in California, but certainly not in Ohio, Kentucky, and/or Indiana where I practice law.
For example, I can name two people I would literally like to slap in the face right now. I am serious and I would like it be a nice open hand slap that sounds likes a clap not a backhand "pimp slap." http://www.urbandictionary.com/define.php?term=pimpslap
But what stops me from slapping those two people in the face are:
1. My RN license in Ohio;
2. My law license in Ohio;
3. My law license in Kentucky;
4. My law license in Indiana;
5. Its not hip to be arrested in your late thirties and I am 38 y/o;
6. I don't want a criminal conviction;
7. It would be personally and professionally humiliating for me as a license defense attorney to be involved in a criminal case, State Nursing Board investigation, and/or investigations of my law licenses;
8. I have learned to keep my hands to myself and to obey societal expectations for "normal" behavior;
9 I learned early to play nice in the sandbox; http://www.mostlymatt.com/2009/04/29/some-people-dont-play-nice-in-the-sandbox/ and
10. Actions have consequences and some consequences negate the short term benefit and "feel good" moment of the actions.
So RNs before you do something you know feels wrong or you know may be wrong, think about it? THINK. http://popup.lala.com/popup/360569449467838541
I was always told there is a thin line between love and hate http://popup.lala.com/popup/360569449464818050 but someone please sing me a song about the thin line between right and wrong.
So RNs before you do something you know or suspect is unprofessional, unethical, illegal, or just plain ornery, think about whether this action or inaction will have consequences for your nursing license, your nursing career, and your family.
My nurse license defense buddy Taralynn Mackay, RN, JD in Big Texas is also listed at http://nursingattorney.com/b.
I spoke with a nurse yesterday who voluntarily surrendered her RN license based on information provided in an online forum/board for nurses.
You cannot receive specific legal advice and counseling from an online forum, chatroom, or board for nurses. For specific advice about your situation speak with a licensed attorney who practices nursing license defense in your state or jurisdiction.
Online forums such as www.allnurses.com provide a wealth of information and are very much needed in this day and age of web 2.0. But there are limits and you should not rely on what you are being told by others in these types of forums/boards/chatrooms.
I actually had a client doubting and second-guessing the legal advice I provided to the client until it was CONFIRMED in an online chatroom/forum/board. WTF? I found it amusing but anyway.
Everyone has a different situation with the Nursing Board and no situation is exactly the same which is why it can be dangerous to rely on general advice, assumptions, and information provided in these online forums. These forums again are helpful but are not a substitute for the legal advice provided by a state-licensed nurse license defense attorney who practices before State Nursing Boards.
Lawyers are not the bad guys. A lawyer who knows the process and procedure with State Nursing Board cases can fbe your professional equivalent of a BFF when you are dealing with a State Nursing Board complaint.
Everyone wants something for free. I wish someone could have provided us with our new riding lawnmower with a cart and bagger for free and saved us $1700.00. But practically speaking if you want something from a professional or if you expect a service, item, or product, 9.9 times out of 10, there is a cost associated.
Before you voluntarily surrender your nursing license pay for a one-time consultation with a nursing license defense attorney or seek legal representation from a nurse license defense attorney.
Why? Because depending on your state or jurisdiction when you voluntarily surrender your license, that's it for you . No license, no more ability to practice nursing because a surrender is a surrender is surrender in some states or jurisdictions. Its permanent and it can't be changed six months later when you have a change of heart or two years later after your situation and outlook on your life, your career, and your mood has changed or improved.
A voluntary license surrender is a big deal and the decision to surrender should not be made based on information provided to you in an online nursing forum/board/chatroom.
I spoke with a very wonderful nurse yesterday and today about her case with a Board of Nursing. The Nursing Board case started with entry into a Board Alternative to Discipline Program for Chemical Dependency then transitioned to a Cease and Desist Order after a relapse then moved to an evidentiary hearing with a license suspension for several years. The license was reinstated several years later and the nurse was monitored by with Nursing Board probation for a period of time and lastly the probationary terms were met and the nurse was released from probation.
As I reviewed the volumes of information from the State Nursing Board case, I could see things that should have been done differently which in turn could have changed the outcome today. The nurse represented herself before the Nursing Board throughout this entire ordeal which was more like a TV saga, As the State Nursing Board Turns. http://en.wikipedia.org/wiki/As_the_World_Turns
There is an old saying "If "if" was a fifth of liquor, we would all be drunk." Or maybe I am listening to too much rap music. http://www.urbandictionary.com/define.php?term=if%20if%20was%20a%20fifth
You don't want to have "if's" when dealing with license issues with your State Nursing Board. Ifs related to general life issues are enough for me. What are my "if's"?
1. If I had known I would never ever ever ever go back to graduate school, I would have started and completed my MSN during or immediately after law school (I was being laughed at by friends for being a "professional student" anyway at that time);
2. If I had known what I know now, I may have waited to have my first child but I don't think I would be the person I am now if I didn't have my son when I was young. I had my son when I was 18 y/o. I am 38 now. I would like to have more kids but I can't find room on my calendar for pregnancy, labor and delivery, and parenting while practicing law and being self-employed in my dream job, being happily (I just love my husband) and newly married (and you know what that means:) and assisting with caring for two sets of fussy and elderly grandparents.
There are no illusions here pumpkin. I am not believing the hype and sometimes you just can't have it ALL. http://www.amazon.com/Wonder-Woman-Myth-Having-All/dp/1741144108
But if I would have waited until let's say 32 to have my first child, then I would have had 2-3 kids today and right now with my husband with no problem but where would that leave my career, my grandparents, and my law practice. What about my yard work?
I don't know about you, but if "if" was a fifth....