Nursing Law & Order

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.  

State Nursing Board Complaints and Nurses: It Can Happen to Anyone

Even the best nurses who are expert practitioners can be reported to the State Nursing Board. Nursing Board complaints don't just happen to "bad nurses" or nurses with a drug addiction. You can go to work on Monday, a situation can arise at work, and the outcome of the situation may be your termination and the filing of a State Nursing Board complaint against you for failing to practice in accordance with one of hundreds of standards for safe nursing practice or failing to act in accordance with company policy and procedure and jeopardizing patient safety.

What do you do then? Most nurses don't have professional liability insurance which would cover attorney fees before the State Nursing Board. Also employers are mandatory reporters so alot of State Nursing Board complaints are filed by hospitals, nursing homes, home care agencies, etc. against nurses.

I will say this again. Alot of State Nursing Board complaints are filed by employers. Yes, the same employers who you are depending upon for liability insurance are the same employers who will term you and report you to the State Nursing Board faster than the speed of light, sound, and smell.  

Does your employer's or former employer's insurance provide you with attorney representation before the State Nursing Board? No, of course not. Don't make me laugh.

When a nurse tells me "I am covered by my facility's policy and that's why I didn't purchase professional liability insurance" my next question turns to the retainer fee for representation.

Most attorneys want several hundred or a few thousand dollars for a retainer. I think this is why most nurses continue to represent themselves before the State Nursing Board. I also believe that most nurses think the State Nursing Board is "their friend." I am also asked does having an attorney "anger" the State Nursing Board. I continue to hear this.

I am meeting more and more nurses who simply don't have the resources or funds to hire an attorney for representation, counseling, and advising in a State Nursing Board matter. For those nurses I say the following:

1. Can you represent yourself knowing that you don't know until you know and when you know it, its usually too late?

2. Can you borrow the money from your 401K, 403B, or a relative or family friend?

3. You can represent yourself and get the best case scenario (State Nursing Board complaint is closed) or you can represent yourself and get the worst case scenario (license revocation) or anything in between. Are you comfortable with this? If so, by all means represent, counsel, and advise yourself. Again this is what the majority of nurses do when a State Nursing Board complaint is filed against their nurse.

If so, do your research and move forward. Most of these nurses I find however only see the facts and their situation from their own perspective i.e. that "I didn't do anything wrong and there is nothing that I would have done differently."

This is one of the pitfalls with self-representation. You are wearing rose tinted sunglasses and you can't see the sun no matter how bright it shines because of your perception of the situation or incident.

What are the other pitfalls to self-representation in a State Nursing Board matter?

1. You cannot be objective when you represent yourself;

2. Okay representing yourself before the Board is one thing. But how do you counsel and advise yourself if you are not familiar with the law, legalties, and legal issues that flow from State Nursing Board complaints?

3. You may not be familiar with the State Nursing Practice Act and Nursing Board regulations;

4. You may not be familiar with the process and procedure for State Nursing Board investigations;

5. You may not be familiar with the process and procedure for State Nursing Board hearings; and

6. You may underestimate or fail to appreciate the severity or seriousness of the allegations in the Complaint and therefore the rationale of any action proposed or taken against your license.

I had a nurse ask me during a legal consultation, what would I do if I was being investigated by the State Nursing Board? I responded, I would hire an attorney. I have professional liability insurance for my nursing practice.

I will also say that in the event a complaint is filed against law license (knock on wood), I will retain an attorney. I have legal malpractice insurance which covers this as well.

I Appeared before the Board without counsel and signed a Nursing Board Agreement without counsel: What Can I Do Now?

I spoke with a nurse today who was upset that she wasn't told that she could have had attorney representation before the Board.

1. Why didn't the State Nursing Board tell me I could have an attorney to represent me before the State Nursing Board?

ANSWER: You can hire an attorney to represent you in any legal proceeding. As a professional, you need to be informed of what your rights and obligations are in any matter involving your license, career, and professional nursing practice. Some State Nursing Boards will indicate in correspondence to a licensee in a pending investigation or matter "You have a right to retain an Attorney." Some State Nursing Board don't indicate this in correspondence to a licensee. Therefore as professional you need to have an awareness of what your rights, obligations, duties, and responsibilities are in any investigation, appearance, complaint, or other formal/informal matter related to your nursing practice.

2. Why didn't the Board tell me that I could have an attorney to represent me when I appeared before the State Nursing Board?

ANSWER: SEE ABOVE.

3. Why didn't the Board or/and Board Staff tell me that I could have an attorney counsel and advise me before I signed a State Nursing Board Agreement, Agreed Order, Consent Agreement, or Board Contract?

ANSWER: SEE ABOVE.  

Would You Surrender Your Nursing License? RN to the End

Would you surrender your nursing license? Have you surrendered your nursing license? If so, why?

My motto is "RN to the end" but I am questioning under what circumstances would I be willing to surrender my nursing license. I worked hard for my nursing license and even harder my law licenses but I question under what circumstances if any that I would be willing to walk away.

Would I surrender my license if its suggested or would I be the one nurse who is screaming "if you want my license you will have to take it" or "give me liberty, give me death, but I am keeping my nursing license" at a State Nursing Board hearing?  

My recovery assistant, Jack "Jackie" Stem, is a former CRNA who surrendered his nursing license and privilege to practice as a CRNA in Ohio. He will tell you that if didn't surrender his nursing license, he probably would not be alive because of his battle a decade or so ago with addiction. He is proudly clean and sober and active in the CRNA recovery community. He will tell you, you can call him and he loves to talk:) that "life doesn't stop because you no longer have a state nursing license." Call Jack at 513-328-7253. He has turned his struggle into a career assisting nurses with recovery issues. See www.jackstem.com and www.peeradvocacyforimpairednurses.com.  

RN, LPN, and the APRN titles are protected by law so if you don't have a license you can't call yourself a "nurse" but even without a title, you have the education, experience, and training. Are you still a nurse at heart even if you don't have the State Nursing Board sanctioned title of RN, LPN, CRNA, NP, CNS, or CNM?

More and more of us are voluntarily surrendering our nursing licenses, most of the time it is because of a pending State Nursing Board complaint. Would you "go out swinging and fighting" in the event of a possible revocation of your nursing license or would you surrender your license?

For those of us who did surrender, what are you doing now?

In some states, a voluntary surrender is like a suspension and at some point you can apply for reinstatement of your license. You may have to sit for the NCLEX Exam again. Its more like a non-permanent revocation.

However in some states if you surrender, you surrender your privilege to practice as a nurse in that particular state permanently. Its a permanent revocation and surrender of your privilege to practice nursing forever and always.

What are your thoughts?

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.

Can a State Nursing Board investigator give me legal advice?

What is legal advice? http://en.wikipedia.org/wiki/Legal_advice

There is a line between giving legal advice and providing legal information.

Legal representation, counseling, and advising is what attorneys provide. Everyone gets what it means to have legal representation. Legal counseling is clearer but not as clear as legal representation. Legal advice is where the water gets murky.

I spoke with a nurse recently who indicated that he relied on the "legal advice" provided to him by a State Nursing Board investigator to his detriment. FYI: State Nursing Board investigators are not attorneys. According to the nurse the State Nursing Board investigator "assured" him that this case wasn't a big deal and it would probably go away. The nurse also says he took the advice of the investigator, did what the investigator told him to do, and the nurse feels betrayed by the actions of the investigator because the Board is now proposing action against the license. 

Also betrayal is a strong word and to me denotes something of a personal nature, which is not the proper context of a State Nursing Board disciplinary investigation, hearing, or licensure matter. Although its personal to you, this is part of the position description for the investigator; its their job, what they do for a living to earn a salary, and its certainly not personal.

Without getting into a matter of he said she said (which I only like to do on the weekends when I am babysitting my nephew and niece), my comment is always the same: The role of the State Nursing Board is to protect the public, not provide legal representation, counseling, and advising to nurses in disciplinary investigations, hearings, and licensure matters.

"Well, I trusted the investigator and I feel like I tricked." The role of the State Nursing Board is to protect the public, not provide legal representation, counseling, and advising to nurses in disciplinary investigations, hearings, and licensure matters.

I say this because its pretty straightforward and really a matter of common sense because:

1. An employee of a state regulatory agency like the State Nursing Board;

2. Who is not an attorney;

3. Cannot give you legal advice; and

4. If you construe any legal information provided by the investigator as "legal advice" then you ____   _____  _____    _________. I will let you fill in the blanks.

Its the same as going to the DMV (Dept. of Motor Vehicles), IRS, or any federal or state agency or a court, even mayor's court and asking a question which is even remotely legal, they will instantly tell you "we can't answer that, we are not attorneys, you have to talk to an attorney" or "Although I am an attorney, I cannot answer that because I am not your attorney."

I contacted the IRS to schedule online estimated tax payments for 2009 earlier this summer and when I spoke with a representative on the phone and asked questions which I knew were legal questions, I was told "ma'am I can't answer those questions, you need to speak with an attorney."  :)

Reinstatement of Your Nursing License after a Suspension

I spoke with a nurse last month who has been going through the reinstatement process with her State Nursing Board for over 3 years and still has not complied with the terms and conditions for reinstatement of her RN license. This isn't legal advice but consider the following:

The first step is to always read the Board order, contract, or agreement.

The second step is to read the Board order, contract, or agreement again along with a colleague or friend who is also a nurse.

The third step is to either meet in person or by phone with your State Nursing Board contact to review the terms and conditions for reinstatement. Try to figure out where you are in the process and what you need to do to get to reinstatement.

The fourth step may be getting an attorney involved to assist you. Again its not the actual represenation that is so important here (because your license is already suspended) at this point, it is the counseling and advising you on the process and procedure for reinstatement using the experience of the attorney.

5,501 Ohio Nursing Board Complaints in FY 2009: 5501 is my Pick Four Number for Next Week

We are a large state here in Ohio (not Texas or California type large but large enough) so we have more complaints. I can remember a few years ago when the complaints were around 2,400 a fiscal year here in Ohio.

The number of the complaints filed each year in Ohio (yes, I keep up with this type of stuff) is dramatically increasing each year. Whether its NCLEX applicants with criminal convictions, mandatory reporting, punitive reporting, voluntary reportig, self-reporting, prosecutorial reporting, reporter reporting, or just more patients, family members, and others being aware that they can file a complaint against a nurse and "watch them squirm." The number of complaints filed against Ohio Board of Nursing licensees here in Ohio are increasing.

See http://www.nursing.ohio.gov/PDFS/NextMeeting/M1/2.2-2009AnnualReportDraft.pdf

I think I will play 5501 in the Pick Four next week. I don't usually play the numbers but I think I will next week. And don't try to file a complaint against me with the Ohio Board for my repeated discussions and inferences to slot machines and other forms of gambling on this blog.

I thought there was a statute of limitation in State Nursing Board cases!

You spoke with and were interviewed by a State Nursing Board investigator in 2006 regarding a complaint filed against your license. Its been 3 years so you assumed the case was resolved. You receive a certified letter from the State Nursing Board this month asking you to appear before the Board next month to respond to the formal complaint filed against your license. You are surprised to say the least!!!!

Check with the State Nurse Practice Act, State Administrative Procedure Act, and the State Nursing Board regulations to determine if there is a statute of limitations in State Nursing Board disciplinary investigations and adjudications.

What is a statute of limitation? See http://en.wikipedia.org/wiki/Statute_of_limitations

You may be surprised to learn just how different State Nursing Board investigations and adjudications are from civil cases and criminal cases. Its an entirely different process and procedure.

If you think there should be a statute of limitations in these cases in your State and there isn't one, contact your State legislator or your State Nurses Association.

You Have a Nursing License in 2 States and You are Being Investigated by the State Nursing Board...It Isn't a Piece of Cake

More and more of us are licensed in more than one state. Although, I live in Cincinnati, Ohio, I am a licensed RN in Ohio only. But I could easily apply for a license in Kentucky and Indiana because I live on the border of Ohio, Kentucky, and Indiana. I am licensed to practice law in Ohio, Kentucky, and Indiana however.

I am seeing more cases where nurses are licensed in State A, B, and sometimes C and D. Let's say you aare being investigated by State A, which is a non-Nurse License Compact State. The majority of states are non-compact States at this time but this is changing as more and more states join the Compact.

If you are being investigated by a State Nursing Board in State A and you have action taken against your license in State A, then State B, C, and D where you have a license will be informed of the action at some point. Sometimes I have seen State A file a complaint with State B, C, and D to inform the States of a pending complaint being investigated in State A.

This is why it is important to consider attorney representation if you are being investigated by the State Nursing Board and especially if you are licensed in more than one state or you live in a Compact State.

These cases are complicated and a cookie cutter approach does not work. The majority of nurses represent themselves even when licensed by multiple State Nursing Boards and rely on the advice provided in nursing forums and chatrooms online and provided by friends, family, and co-workers on how to manage their license issues. If I had $49.99 for each and every time I had someone tell me "Nurse A did this, her case was worse than mine, and she received this" I could buy five Coach purses, wallets, and matching briefcases:) Speaking of a Coach briefcase, I need to go to the new outlet mall on I-75 in Middletown.

I have spoke with numerous nurses this year with a suspended license in State A, who are practicing in State B with a unrestricted and unencumbered license, and who have a restricted nursing license in State C.

It helps to have your own professional liability insurance with a license defense benefit which should help with attorney fees and costs. Even if a complaint has not been filed with the State Nursing Board but you know its coming, pay a few dollars and talk to an administrative law or license defense attorney in your jurisdiction.

Think like an independent contractor or business owner. Picture yourself as being self-employed and your nursing practice and career is your business. You need a license to practice nursing and you may need help protecting or mitigating any proposed action against your license.

Each State Nursing Board has a different approach to the investigation and resolution of complaints. If you are going to represent, counsel, and advise yourself do the research and legwork necessary to represent, counsel, and advise yourself before multiple State Nursing Boards. It isn't a piece of cake.

My Nursing License is Suspended....I will always suggest as I always have....

I received an email from a nurse who was very upset because her nursing license was suspended and she was seeking answers.

1. I cannot provide legal advice on this blog. This is not the purpose of the blog. The blog is for informational and educational purposes only.

2. I will always suggest as I always have that nurses who are involved in State Nursing Board investigations consider legal representation. Its not just the representation that is important, its the counseling and advising on attending issues.

3. I will always suggest as I always have that nurses who have suspended license, consider legal representation to assist with the reinstatement process. Some State Nursing Boards have detailed requirements for reinstatement and having legal representation may be beneficial.

4. I will always suggest as I always have that nurses who are on probation with the State Nursing Board, consider having legal representation during the probationary process. State Nursing Board probation may be a few months to 6-7 years in some cases. You may need legal advice and counseling during this process and this is the role of an attorney, not your State Nursing Board monitor.

5. I will always suggest as I always have that nurses who are enrolling in a State Nursing Board Alternative Program for Discipline for a Chemical Dependency or Addiction consider having legal representation during this process. Most programs have a 3-5 year Agreement and you may need legal counseling and advising during this period.

6. You can contact your American Nurses Association affiliated State Nursing Association for assistance.

7. If you are a member of a nursing union, contact your union rep or labor relations specialist for assistance.

8. If you are a member of a pre-paid legal plan, contact the administrator to determine what services are available.

9. If you have professional liability insurance with a license defense benefit; contact your insurance company when you are notified a complaint is filed against your license. The insurance company may pay for your attorney representation before the State Nursing Board.

10. If you are a APRN, self-employed, or you think you may need on-going legal counseling and advice, consider retaining a nursing law attorney to counsel and advise you.

11. If you cannot afford to retain an attorney to assist you with the State Nursing Board, then you can do your own research on State Nursing Board disciplinary investigations and adjudications, discipline, and other issues and represent, counsel, and advise yourself.

There is nothing wrong with self-representation in licensure matters but if you do represent yourself (the majority of nurses do represent themselves in these matters) please don't blame others (including me because you don't like what I said on MY blog) for your actions or inactions. You decide how you want to handle your legal matters, whether you want to go solo or whether or not to seek legal counsel.  

You are an adult, you are a professional and  you are responsible and accountability for your actions and inactions in your personal and professional life. This includes whether or not you decide to hire a nurse license defense attorney or administrative law attorney to assist you in a State Nursing Board or professional nursing practice matter.

This is Why You Shouldn't Post Your Personal Stuff related to the State Nursing Board in an online forum; Your attorney may see it and know its you!

I happened to be looking at one of the many online nursing forums and chatrooms and figured out quite easily (within 10 seconds) that one of the posts was from a current client of mine with a State Nursing Board issue. The client misrepresented and downright lied about most if not all of the facts and information leading up to the client's discipline by the State Nursing Board in the online forum. 

WTF, who lies in a nursing online forum? Is this common? Or excuse me, why would you lie in a nursing chatroom or in an online forum where no one knows you personally anyway.

The nurse painted himself/herself as the victim of his/her circumstances who was being picked on by the "big and bad" State Nursing Board and the "big and bad" hospital and the nurse "just did what his/her attorney told him/her to do."

I just love it when one accepts NO responsibility or accountability for the actions, conduct, or inactions that lead to the Nursing Board discipline.

What is more shocking than the nurse outright lying about the facts and information in his/her case is the advice that he/she is provided by other nurses in the forum on how to handle his/her situation.

Damn, I love those chat rooms and online forms because those chatrooms and online forums in conjunction with bootleg attorneys and liquor store attorneys are part of the reason why my tri-state law practice focusing on nursing law and nurse license defense is booming. You talk to most license defense attorneys and they will tell you the same thing; business is up. 

What is a bootleg attorney? You know a bootleg attorney is someone or anyone who gives legal advice and is not licensed to practice law. You know the one's who say "I am not an attorney but..." or "This isn't legal advice but..."

What is a liquor store attorney? Oh you know those liquor store attorneys. Those are the folks who after a stiff drink or several rounds of beer exclaim "now this is what you should do with the State Nursing Board.." or "if I were you this is what I would do...."

Back to my client. I am assuming the nurse did this as a way to obtain attention and sympathy from other nurses regarding the nurse's plight. I can't say that I am surprised or even disappointed. The post actually explains alot of things and furthers my understanding of the rationale behind the Board's discipline. 

This isn't legal advice just information but I would say to not post this type of information in an online forum. If you must or like posting information about a pending or forthcoming State Nursing Board disciplinary investigation or Board of Nursing probation in a nursing online forum or chatroom, keep it general so you cannot be identified. I tell my clients not to post but what do I know? 

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This brings me to another point. I am seeing more cases where new nurses (new grads and nurses with less than five years of experience) are being investigated by the State Nursing Board. Some of it in my opinion stems from the following:

1. Being downright silly;

2. Being immature;

3. Being unprofessional or in the alternative not knowing what is means to act professional or be a professional;

4. Approaching a nursing position like a blue collar job; and/or 

5. Wanting a nurse-type paycheck but not being ready for the responsibilties and accountabilities associated with being a licensed nurse.

You can't go to work as a nurse and act, perform, and treat patients and co-workers the way you treated your customers and co-workers when you worked at Dairy Queen at age 17?

Which brings me to my next question. Do you think nurses are being socialized in the professional practice of nursing?

From the NCSBN: 1996-2006 Analysis of Nursys Discipline Data

See https://www.ncsbn.org/09_AnalysisofNursysData_Vol39_WEB.pdf.

Hot Damn! You received an Order for a Psychiatric, Chemical Dependency, or Physical Evaluation from the State Nursing Board

Let's discuss a hypothetical. I am a licensed attorney in Ohio, Kentucky, and Indiana. Let's say I go out to our mail box to pick up the mail at 6pm. I am walking down the driveway sipping my Bartles and James orginal cooler (I had to say something to catch your attention and I like BJ coolers).

We have alot of mail today. I receive something from the Kentucky Supreme Court saying I am being ordered to have an Evaluation. Hot damn! 

Although this is just a hypo, the point is anytime you receive this type of ORDER from a State Licensing Board you should be concerned. Lights, sirens, bells, and horns should go off in your head and you should think hot damn, this just might be serious.

If you receive an:

* Order for a Chemical Dependency Evaluation;

* Order for a Psychiatric Evaluation; and/or

* Order for a Comprehensive Physical Evaluation

from your State Nursing Board there is an accusation or complaint pending questioning your ability to practice nursing safely.  Don't get it twisted and think its no big deal because it is serious. I am always surprised (even after 8 years of license defense as an attorney) how nurses are overly confident and cocky (I am a nurse, I have years of experience, I know A&P and Psych, and I will pass this with flying colors!!) and blow off these Orders as just routine.

There is nothing common place, routine, customary, usual, and/or ordinary about receiving an Order for a Chemical Dependency, Physical, or Psychiatric Evaluation from a state licensing board.

Look at these comments related to the California Board of Registered Nursing article

http://www.latimes.com/news/local/la-me-nurse12-2009jul12-gb,0,2745582.graffitiboard

Two State Nursing Board Complaints Pending Simultaneously: Oh, and I don't Have Any Money To Pay

I was contacted by a nurse who is being investigated by two Nursing Boards and was looking for representation, counseling, and advising in both matters but could not afford to pay an attorney fees. Its becoming more common especially since I practice in Ohio, Kentucky, and Indiana to see these types of cases.

Attorneys are like nurses, we expect to be paid for the services provided. Would you work for free for a hospital, home care agency, or staffing agency? Of course not, so why would you expect your attorney to handle or assist you in your license defense case or a professional nursing practice matter for free.

I am being asked, why don't license defense attorneys take nursing license defense cases on a pro bono basis? Well let's see, pro bono services are usually provided to the low income, poor, and/or disadvantaged groups.

LPNs, RNs, and APRNs are not low income, poor, and/or traditionally disadvantaged groups in need of access to justice and pro bono services.

I am more willing to work on a reduced fee basis with a nurse with a suspended license seeking license reintatement, NCLEX-Applicant or a nursing student than I am with a licensed and practicing RN, LPN, or APRN. But that's just me and each call and case is different.

Contact The American Association of Nurse Attorneys (TAANA) at www.taana.org to see if there is a license defense or administrative law attorney in your state

http://www.probonoinst.org/

http://www.probono.net/

http://www.abanet.org/legalservices/probono/

Also I get asked, why don't you provide free legal consultations like most attorneys. If you contact my office, I will speak with you or return your email or fax. I will try to assist anyone because I like to help if I can or refer you to someone who can assist you if I cannot assist you.

I will speak with a nurse about a license defense case or a professional nursing practice, employment contract, etc. without charging a fee however, I will not provide any types of legal advice or counseling without establishing an attorney-client relationship or scheduling a legal consultation.

I have clients who pay me to represent them and I am working for them. I also have nurses who pay me for a workplace, career, or legal consultation and I am working for them. I am not working for you unless you pay me; just like you are not working a healthcare organization, unless you are being paid.

So yes, you can contact Attorney Z, who practice family law, criminal law, and zoning issues, who offers free legal consultations and receive advice on a Nursing Board matter or a professional nursing practice. I am not offended in anyway, shape, or form.

But just keep in mind when you contact an attorney today and you indicate that you needed assistance yesterday (meaning ASAP) in a Nursing Board or professional practice matter, the next statement, shouldn't be "Oh and I don't have any money to pay you."

Kentucky Board of Nursing: I just received an Order for a Chemical Dependency Evaluation

If you received an Order for a Chemical Dependency evaluation from the Kentucky Board of Nursing, chances are you have already received and been notified of a pending complaint against your license with the Kentucky Nursing Board.

Contact a nurse license defense attorney or an administrative law attorney licensed to practice law in Kentucky with experience handling Kentucky Nursing Board cases. I represent nurses before the Kentucky Nursing Board. See www.nursing-jurisprudence.com.

You can't just ignore or blow off an Order for a Chemical Dependency Evaluation. You can also contact Maureen Keenan, the Executive Director of the Kentucky Nurses Association for information and general assistance. 

I did it, I did it, I violated the Nurse Practice Act!

I presented an Ohio nursing law and rules program for VITAS this week at Drake Hospital and after the presentation I was approached by several nurses. Download CenterarticleBOARDofNursinginvestigations. Since I represent nurses before the Ohio Nursing Board and with any CE presentation, the material is presented in a balanced and neutral fashion of course.

One nurse asked about legal nurse consulting, another asked about professional liability insurance, one was involved in a pending investigaiton before the Ohio Nursing Board, and one was being monitored by the Ohio Nursing Board.

The nurse involved in the pending investigation before the Board is representing herself and not doing so well at representing, counseling, and advising herself. She has provided inconsistent statements: one to the Nursing Board and one to her employer and has taken some other actions which really cast a shadow on her credibility. She met alone with the Nursing Board investigator who really grilled her on her lack of documentation of controlled substances. A criminal charge may be forthcoming.

I think the nurse is looking at being disciplined by the Ohio Nursing Board at some point in the future and if she contacts me and schedules and pays for a consultation, I will tell her this. But what struck me from my brief conversation with the nurse was the failure to grasp the seriousness of the allegations in the pending Nursing Board matter,the impact the accusations can and will have on her nursing career, and the real possibility of a criminal indictment. You cannot play around with the documentation of controlled substances.

The nurse being monitored by the Board told me she was tricked into the signing the Ohio Nursing Board Consent Agreement. I don't know how one as a professional can be tricked into signing a document and mailing it back to the State Nursing Board (which is over 80 miles away) but I explained to her that she is a professional and as a professional, she is accountable for her practice and actions.

If she had concerns about signing the Consent Agreement, she should have considered her options and spoke with an attorney before signing the Agreement, which is a legal and binding contract. Saying she was tricked into the signing the Agreement makes what is a professional matter sound like a personal matter and is not an accurate statement in my opinion. 

You can't be tricked into signing a Consent Agreement, Agreed Order, Settlement Offer, Recovery Monitoring Agreement, etc.; either you sign it or you don't. In general, State Nursing Board staff (attorneys, compliance agents, investigators, monitoring agents, etc.) are not police officers or law enforcement officials and do not hold you a room for hours on end, questioning you in a warm and dark room with a single light bulb hanging from the ceiling until you cave in and sign an agreement and scream "I did it, I did it, I violated the Nurse Practice Act."

Hiring an Attorney before the State Nursing Board: costs of legal services and the location of the attorney

I spoke with a nurse this morning who had some concerns about an attorney the nurse retained. This is important; if you are having issues with your attorney (your attorney is not returning calls, you don't know what's going on with your case, etc.) you should address those issues with your attorney. I never comment on another attorney because that is not professional and its is not my place.

This nurse decided to retain the attorney because the attorney's fees were cheaper than the fees of other license defense attorneys the nurse intially spoke with (including my fee) and the attorney's office was closer to the nurse; the other attorneys were based in other cities (including my office).

First, don't hire an attorney based on the cost of legal services alone, cheaper isn't always better and more expensive isn't always better but you have to find an attorney that you are comfortable with and who you trust to handle your matter. Cost alone should not be the deciding factor and you also want to look at how promptly does the attorney return calls, communicate with you, how accessible is the attorney, experience of the attorney, etc.

Second, with technology and in license defense cases, its doesn't really matter whether your attorney is 5 miles away or 250 miles away for the most part. This isn't a criminal case or a civil case, it is an administrative law case. This is an important distinction. Just because your attorney lives around the corner doesn't necessarily mean you are going to see your attorney more frequently in a license or that your attorney will be more accessible in a license defense case.

Geography isn't an issue in license cases. For example, I live in Cincinnati, Ohio and I represent nurses throughout Ohio, Kentucky, and Indiana. The State Nursing Boards in Ohio, Kentucky, and Indiana are a 75 to 100 minute drive for me. I can drive to Columbus with my eyes closed and I can drive to Louisville backwards; I have to pay attention driving to Indy because of deer and patrol cars however.

I schedule in-person clients with clients and do phone meetings, emails, text, fax,  and whatever is needed to be accessible to clients. I have had client meetings as far Evansville, Indiana (we packed a lunch), Bowling Green, Kentucky (you lose cell phone reception driving there and its a different time zone), Youngstown, Ohio, Gary, Indiana, and Ashland, Kentucky (We stay in West Virginia and I meet with clients from Ashland and Ironton, Ohio). I like to play the 25 and 50 cent slot machines so if you live near a casino and you retain me, I will be coming to see you.  

I know money is tight and the majority of nurses don't have an individual professional liability insurance policy with a license defense benefit. Therefore if a complaint is filed with the Nursing Board and the nurse wants attorney representation, the nurse has to retain a private attorney and eat the costs associated with attorney representation.

Do your research before you retain any attorney and speak with more than one attorney. The cost of representation and the location of the attorney who be a consideration of course but you also want to take into account other factors.

The Center for American Nurses has information in its legal portal related to selecting an attorney. See www.centerforamericannurses.org.