Nursing Law & Order

Please Baby Please! Purchase Your Own Individual Professional Liability Insurance Policy ASAP

Happy New Year! I am running behind as usual in blog posts in 2017. I am committed to posting at least 1-3x a week in 2017 because this is RN Renewal in Ohio and Indiana and RN and LPN Renewal in Kentucky and this is going to be a very busy year for me. 

Please Baby Please, purchase your own individual professional liability insurance policy if you are a LPN, RN, or APRN and practice nursing regardless of your capacity. https://www.youtube.com/watch?v=9kBE5kSV5y0

Why? What if you are a named as defendant in an wrongful death lawsuit filed by the grieving family of a former patient? Do you have a minimum of $15,000 to $35,000.00 in a secret compartment in your minivan to pay civil defense attorney to defend you?  

Why? What if you receive a Notice of Complaint from the State Nursing Board? Do you have $2,500.00 to $15,500.00 in a in a shoe box under your bed to pay out of pocket for attorneys fees to defend you in the State Nursing Board investigation? What if you practicing as a nurse in several states and a complaint is filed against you in each of those states? 

The time is short and the days are evil, which is why you need insurance. You can always assume the best of people (I won't be sued, my patients love me or my employer wouldn't file a complaint against me), but you want to protect yourself. Insurance protects you against the risks of practicing in a highly regulated and litigious health care environment and the potential liabilities stemming from being a licensed health care professional.  

As an attorney, I maintain legal malpractice insurance which provides me with protection for legal malpractice claims as well as grievances filed against me related to my law license. I completed a nurse refresher and plan to transition back into home care; I will purchase my own individual professional liability insurance policy for my nursing practice. As one nurse to another nurse, please baby please, purchase your own individual professional liability insurance policy with a license defense protection benefit. Do it today!!!!!!!!!!

Why? Professional liability insurance is just like any other insurance, you don't need until you need it and when you need it, you really need it! Just my two cents but all nurses @ a minimum should have the following: life insurance, insurance on your real and personal property (home, car, boat, etc.), health insurance, dental insurance, disability insurance (short-term and long-term), and professional liability insurance.  Start by googling "professional liability insurance for nurses." 

 

Medical Marijuana vs. Recreational Marijuana by State Licensed Healthcare Professionals

I attended a webcast offered by the Ohio State Bar Association this afternoon titled "Is the Grass Really Greener? Workplace Implications of Medical Marijuana. The webcast was very informative as I anticipate there will be a number of issues that I see in my law practice with respect to advising, counseling, and representing nurses before the Ohio, Kentucky, and Indiana Nursing Boards.

If you are an Ohio licensed nurse and practicing for an Ohio employer and plan to use medical marijuana pursuant to the Ohio law which takes effect on September 8, 2016, you should seek the advice and counsel a nurse license defense attorney and not necessarily rely on the advice and counsel provided by your employer especially with respect to the licensure and practice implications of medical marijuana use.

The advice and counsel of your own personal counsel who specializes in nursing law and licensure issues cannot be overemphasized now because there are instances where I see RNs and APRNs relying on the advice and counsel of general healthcare attorneys of a health system which is their employment, to the detriment of the nurse. 

What am I saying? You may need to hire an attorney if you have a professional practice question but you may need a legal consultation with a lawyer who specializes in nursing law issues rather than relying on lay advice and counsel of well-meaning friends, family, and colleagues or even the legal advice of attorney who does not practice routinely in this area. 

The American Association of Nurse Attorneys is an excellent resource for finding a license defense defense attorney, nursing practice lawyer, or nurse attorney in your state. See www.taana.org. Some lawyers offer legal consultations, which is a lower cost option than full scale and traditional legal representation, counseling, and advising. Also there is a professional association, the AMERICAN CANNABIS NURSES ASSOCIATION. See http://americancannabisnursesassociation.org. 

Of course there will be a difference between medical marijuana use and the use of recreational marijuana for nurses and nurses it isn't the job, role, or responsibility of your employer to point out those distinctions. Maybe we will start to see CEs for nurses on the distinction of medical and recreational marijuana use from a federal and state perspective which mixes the licensure and workplace implications. I was joking last week when I postulated, without evidence, that Weed is Final Frontier but when you look at the implications that MM (medical marijuana) has from a federal, state, licensure, employment, professional practice, and ethical standpoints......

Maybe we will see CE for nurses and seminars for healthcare professionals on MM vs. recreational use of Marijuana offered by national, state, or specialty professional associations or even HCP unions over the next few months. If you know of any CLE or CE regarding MM or RM and use by licensed HCPs, email me at [email protected]. This is a very timely topic! See the links below for discussions in other forums:

https://ajnoffthecharts.com/marijuana-legalization-and-potential-workplace-pitfalls-for-nurses-who-partake/

http://www.medscape.com/viewarticle/846984_4

https://www.ncsbn.org/2014DCM_LKaplan.pdf

http://americancannabisnursesassociation.org/

 

 

Life, Liberty, and a License: the Parkdale Treatment Facility in Chesterton, Indiana

I visited the Parkdale Center in Chesterton, Indiana today. The Parkdale Center offers specialized substance use/abuse treatment for the highly accountable professional. See http://www.parkdale.com. 

Who is a highly accountable professional? A professional who is accountable to a regulatory Board or Agency (state or federal) for his/her practice. HAPs are physicians, attorneys, nurses, teachers, pilots, etc.  HAP or the highly accountable professional is a term coined by Parkdale. 

I really like the Parkdale Aftercare program as well as the Professional Reentry program for highly accountable professionals. As a nurse license defense attorney, these components complement the legal services provided to individual nurses. There can be a disciplinary and/or alternative program to the monitoring of a nurse by the State Nursing Board depending on the state and the interplay between the medical, treatment, mental health, licensing, criminal, employment, unemployment, clinical, return to work, and credentialing/privileging aspects are not addressed well by any one party in this process. This is why I like Parkdale because the facility is leaping ahead of the curve here and grabbing the bull by the horns.   

Substance use/abuse and the recovery process is a long-term commitment for nurses and it is refreshing to see first-hand a HAP specialized facility with low patient ratios at a reasonable cost working hand-in-hand professionals and their families. 

That type of commitment requires more than a "show me the money" and "we can't bill for this" or "we don't get paid for that service" approach. Its requires blood, sweat, and tears equity to be on the front lines working with licensed healthcare professionals in what is usually one of the most emotional and trying times of their lives. I left Parkdale today feeling invigorated to see licensed nurses and other professionals working hard to treat and help recover licensed nurses and others professionals.  

This was the boost I needed as you often get bruised on the front lines working with nurses in license defense cases. I have been bruised, burned, stabbed, and cut in my fifteen years of law practice figuratively. Solo law practice is brutal on attorneys and working with individuals is challenging. Parkdale reminded me again why I do what I do with individual nurses. 

I need to pay my water bill and buy my coffee at DD daily, but you don't practice nurse license defense because you want to strike it rich or "ball out" as a lawyer. Nurse license defense work isn't super sexy legal work as it is everyday law, working with everyday professionals. Everyday law isn't corporate law, mergers, and high dollar defense cases; it is the daily dance with individuals who do not have a "legal budget" for attorney fees and costs and it can be high stress, high emotions and high stakes on a high wire.  Life, Liberty, and a License, is how this is viewed and feels for us as state-licensed professionals: teachers, nurses, physicians, therapists, RTs, LMTs, pharmacists, lawyers, etc. Give me my license or give me....

Congratulations to Rodrigo Garcia, MBA, MSN, RN-BC, CRNA and his wife Claudia Garcia, MBA, BSN, RN as Parkdale approaches its one year mark for operation and working with everyday professionals. 

If you are a registered nurse, licensed practical nurse, APRN, nursing student, or graduate nursing student and you have a substance use/abuse disorder, you are diverting drugs, or you need help with recovery, I would highly recommend you contact the Parkdale Center in Chesterton, Indiana at 888-883-8433.

Most HAPs who have legal and license issues decide to proceed "pro se" and represent themselves before a licensing or regulatory Board. You do not have to retain an attorney to represent, counsel, or advise you as you have a right to represent yourself (self-represent) in this country however I do not recommend that any nurse any where "self-treat" a substance use/abuse disorder. 

If you need help and it makes sense to get this help at a facility which works intensely and primarily with licensed professionals. This is why I recommend the Parkdale Center for the scope of services offered to nurses regardless of your state of residence. The facility treats HAPs and nurses from around the country. 

I do not typically give recommendations on this blog but I am not typically invited to visit a substance/use treatment facility which works primarily with nurses and licensed professionals. This was the first invite for me  in 15 years of private law practice and this is my first recommendation of a substance use/abuse treatment facility. 

I am not being paid to provide this recommendation and I was not asked to write this recommendation. Anyone reading this blog should know by now, I don't say it unless I mean it and it is the ethical and right thing for me to say or do as a RN and lawyer.  

Onward and forward to the Parkdale Treatment Center and its staff! 

Medical Marijuana and the State of Ohio will be legal soon, right?

http://fox8.com/2016/08/01/local-governments-dealing-with-concerns-over-ohios-soon-to-be-legal-medical-marijuana/

http://www.cleveland.com/open/index.ssf/2016/06/ohio_medical_marijuana_law_all.html

What are your thoughts about medical marijuana? 

 

Weed is the New & Final Frontier, Not Space!

I apologize but I need to "mess up the rotation." This is line is from Friday, the cult classic movie with Chris Tucker and Ice Cube. Puff, Puff, Give is the rotation with respect to smoking marijuana in a two or more person set-up. . http://www.imdb.com/character/ch0011184/quotes. I love the movie Friday! 

I am attending a webinar in August sponsored by the Ohio State Bar Association titled "Is the Grass Really Greener? Workplace Implications of Medical Marijuana." 

https://www.ohiobar.org/NewsAndPublications/News/OSBANews/Pages/5-things-employers-should-know-about-Ohios-medical-marijuana-law.aspx

I do not smoke marijuana and even if it legal in Ohio for WHATEVER purpose and to use by WHATEVER route (eating, inhaling, injecting, etc.) I will not use marijuana. I already have enough problems and weed will not be one of my issues. We all struggle with something and if you deny having a vice, whether it is sex, drugs, alcohol, gambling, gaming, social media, electronic devices, food/gluttony, gossip, exercise/fitness, work/career, etc., you are not being honest with yourself.   

The Tabletalk magazine for August 2016 focuses on Addiction from a Christian and Calvinistic theology perspective. http://www.ligonier.org/tabletalk/. This is an excellent read. 

If you are a licensed healthcare professional and you smoke weed, please stop the rotation. All it takes is a random UDS or a pre-employment UDS..... Ask yourself why you are smoking weed, self-medicating, and get to the root of the issue with self-reflection, professional counseling, and medical treatment if needed. You know what you do and if you need help, please get help before it becomes a workplace, license, and legal matter. It is so much more easier to deal with these issues proactively before the stuff hits the fan. 

Also medical marijuana laws or casual use marijuana laws cannot provide a safe harbor for licensed nurses. You cannot come to work impaired or intoxicated from any substance/drug/medication, legal or illegal and provide safe nursing care to patients. It is a violation of professional standards of practice and your State Practice Act/Regulations.

Marijuana use/abuse is the real deal now and a positive UDS for marijuana is investigated by State Nursing Boards. Why? It is a violation of your State Nursing Practice Act to test positive for an illegal drug. If you test positive for an illicit drug, an employer or prospective employer may report to the State Nursing Board.  I am interviewing for home health RN positions in Cincinnati, Ohio and I will also have to submit to a UDS soon. I do not use illicit drugs and I take vitamins and OTC medication.  

I practice law in Ohio, Kentucky, and Indiana. If we get weed laws in Ohio, Kentucky, or Indiana, I am going to further limit my law practice to representing nurses in weed cases. Weed, not Space, I postulate without any evidence, will be the Final Frontier. https://www.youtube.com/watch?v=S6R3MiAv9ac. Can I specialize in weed law? Maybe the Ohio State Bar Association, Kentucky Bar Association, or Indiana State Bar Association will develop an attorney specialization for weed law. 

Here is general advice to all nurses in any state if you are licensed nurse, do not drink alcohol, smoke crack, inject heroin, snort cocaine, puff, puff, pass marijuana or ingest any illicit or even prescribed medication which alters your mental, physical, or cognitive capacities before reporting to work or at work.  Yes, you have to be careful taking any prescription medication before you report to work or while you are at work as a licensed nurse. Why? Are you safe to practice? You should not be at work if you are hung over, high, under the influence, groggy, dazed, dizzy, in a mental fog from meds, etc. 

Of course, there is a difference between being an allegation of reporting to work impaired/intoxicated as nurse and "just" having a substance present in your system. But let me ask you, do you really want to spend the time, money, emotional energy and mental exertion/frustration to deal with the license, workplace, and career implications of sorting between the two in a given situation? Can you say legal headache? 

Also you should see the New Star Trek movie, Start Trek Beyond. It was awesome! https://en.wikipedia.org/wiki/Star_Trek_Beyond. 

 

Please Baby Please: Purchase an Individual Professional Liability Insurance Policy with a License Defense Benefit

If you have not done so already, please baby please, purchase a professional liability insurance policy with a license defense benefit today. 

I am transitioning back into hands on nursing practice soon here in Cincinnati. I will be working part-time as a RN in home health or hospice, part-time as a solo practitioner in private law practice, and part-time at the new Freddy's Frozen Custard on Winton Road. https://freddysusa.com/store/cincinnati-winton-rd/

My goal has always been to practice law and practice nursing and I miss hands on nursing care. I have interviewed with several home health companies here in Cincinnati and I will be starting a position next month. I plan to start per diem and work a few days a week in addition to practicing law.

I have been in private practice for 15 years and I turned 45 years old this month. I am not having another mid-life crisis but just trying to transition back into the traditional workplace a few days out of the week. I am looking at doing a combination of things for the next couple of years: defending nurses, providing patient care, project legal work, etc. just to mix things up. 

I said that to say that I need to purchase my own professional liability insurance policy with a license defense benefit. Call me bias because of TAANA but I will purchase a policy with Nursing Service Organization (NSO). http://www.nso.com/

I am not getting paid to NSO, NSO, NSO but I like the benefits offered with its policies. I am not telling you to purchase NSO insurance but you should have a policy with an insurer familiar with nursing malpractice as well as Nursing Board defense claims.  

https://www.amazon.com/Please-Baby-Classic-Board-Books/dp/1416949119

Baby please baby, please purchase YOUR OWN liability insurance policy with a nurse license defense benefit. 

Board Investigators and Compliance Agents are NOT contacting you to play Pat-A-Cake!

What is Pat-a-Cake? https://en.wikipedia.org/wiki/Pat-a-cake,_pat-a-cake,_baker%27s_man

Do you know how to patty cake? If not, see https://www.youtube.com/watch?v=yULp0Vnzblc

=====================================

You receive an email from "Agent Smith" with State XY Board of Nursing who wants to speak with you immediately.

You are nervous, getting anxious and don't know how to proceed. Do you call Agent Smith now? Do you respond to Agent Smith's email? It is only 5pm, so do you meet with Agent Smith at 7am tomorrow morning at your local library as requested? https://en.wikipedia.org/wiki/Agent_Smith

If you are called, emailed, or receive written correspondence from a State Nursing Board Compliance Agent, Certified Nurse Investigator, or Investigator, you need to consider the following before you respond:

 

1. Should you speak with a license defense attorney first?
2.  Do you have professional liability insurance with a license defense protection benefit? If so, you should contact your insurance company for assistance on how to proceed?
3. Why is the investigator contacting you? What happened? Start collecting your thoughts now so that you can be prepared to speak with an attorney, your insurer, or your mother about how to proceed. 

Really put some thought into how you want to proceed instead of acting on impulse and instinct in these situations. Don't have money to retain a lawyer? Try paying for a telephone consultation with the attorney. 

A State Nursing Board Compliance Agent or Certified Investigator conversation is not the same as speaking with a cashier from the self-check out at Walmart. You are the subject of a licensing board complaint. The conversation is more formal and the process is adversarial, although you may or may not realize it! Agent Smith is not calling you to patty cake!! 

 

 

A New Frontier: Nurse License Defense in the State of Georgia, City of ATL, and Near Piedmont Park

My son is attending graduate school this fall at the University of Georgia in Athens (UGA). He is pursuing a joint MPH and MSW degree and will be there for maybe 2-3 years. 

I applied for the law license in the State of Georgia this week and I plan to reside part-time in Atlanta, which is 75 minutes (if you drive like I drive) from Athens. No, I am not moving "just" to find a man; my Aunt Julie already asked this question so don't email me about this specifically.

The Nursing Law Bandit will be practicing law in Georgia, defending nurses before the State Nursing Board in Georgia, and counseling and advise nurses in Georgia once I am licensed. Luke Skywalker and I will be living in Atlanta, GA. I am sooooooooooooooo excited about this new chapter in my personal and professional life. Thank you Lord that Your mercy endures forever. Psalm 118:1 (KJV). 

I am looking at condos within walking distance of Piedmont Park and want to live urban there as I live suburban here. I have always lived in the burbs. I opted out of renting when I saw the prices for apartment rentals in Midtown Atlanta. Trulia is my new friend and I am searching for condos based on walk-ability and bike-ability. 

I may actually need a day law practice, night RN gig, AND an evening job at Ulta (I love Ulta!) just to pay rent in Midtown Atlanta Georgia. No, seriously, the rent is expensive. Also apartments want a non-refundable deposit fees and monthly surcharges for dogs, have weight restrictions for pets, and "reserve the right to weigh" any pet. Luke Skywalker is a way north of 75 lbs. 

I plan to continue my law practice law in Ohio, Kentucky, and Indiana defending nurses. A lot of my time is also spent assisting nurses via telephone legal consultations and counseling and advising on unemployment, employment, criminal, professional practice, contractual, and advanced practice matters. I have a good friend and colleague who is licensed to practice law in Ohio and Kentucky and may come on board with the Law Office of LaTonia Denise Wright, LPA. 

I am reactivating my Ohio RN license as I did not renew it last year however I have not decided whether or not I will seek a RN license via endorsement in Georgia at this time. I need to look more closely at the endorsement conditions as I have not practiced as a staff nurse since 2007. 

I am ready like Freddy as my son and I started planning this transition almost two years ago. CJ graduated with his BS degree (Sociology) from Mt. St. Joseph University in December 2015. I sold my larger home (with the swim spa and swimming pool I didn't use anymore) in October 2015 and moved to my first home that I was using as my law office in the Village of Lincoln Heights.

My CPA told me this week that I need to spend the majority of my time in Ohio as an Ohio resident (state tax benes) therefore I will be here in Ohio at least 15-16 days out of each month and in Atlanta, the remainder. I plan to keep my home in Cincinnati, Ohio of course. 

If you would have told me 5 years ago that I would be living part-time in a major metropolitan area in another state seven hours from Cincinnati, Ohio and applying for a fourth law license, I would have laughed hysterically. For I know the plans I have for you, declares the Lord, plans to prosper you and not to harm you, plans to give you hope and a future. Jeremiah 29:11 (NIV). 

 

 

 

 

Regulatory Compliance and the Nurse Business Owner

Nurses if you are going to start your own business offering skilled nursing services, medical services, or anytime type of health care service, please consult with an attorney at some point in the process about regulatory compliance. This includes Independent Providers, RNs and LPNs, in the State of Ohio. 

(Burn +Control) Gourmet Instant Coffee from the Javita Coffee Company

If you read this blog then you know that I like coffee and I like Pepsi. I usually drink 3-4 cups of coffee per day. I am now drinking and also selling Javita Coffee. Yes, the Nursing Law Bandit sells legal products and services as well as coffee baby. 

 

My Aunt/Cousin Julie Wright from Lincoln Heights visited her son in Hawaii and brought this coffee back this month and now I am hooked. I think I have an addictive personality. Am I safe to practice nursing and law with an addictive personality? Actually I am going to post more next more on mental, medical, and emotional health issues and the ability to practice nursing safely. 

I drink the "burn + control" Javita Coffee now although I may try the other coffee soon. I like the taste and even better it is gourmet instant coffee. I can make a cup of coffee at a time instead of wasting coffee making it at home and then again when I arrive at work. 

This is my second week drinking the coffee and I have even more energy. I danced for 30 minutes last night I have lost 5 more pounds but I am not sure if it is from the coffee or from me walking again in the mornings around my neighborhood.

I usually walk for an hour every morning so if you want to reach me during my walk from 0630 to 0730 (If I drank a Daily the night before, I walk from 0730 to 0830; oh, I am sure I am not the only nurse who drinks a Daily Margarita during the week!!). http://dailyscocktails.com. 

Got problems with the Ohio, Kentucky, and/or Indiana State Nursing Board, you can call me as I am always in a good mood and so happy when I am walking. Call me at 513-655-6586.

No, you can really call me but you have to follow-up and send me an email with your information because I do not take a pen and paper with me when I walk. I usually listen to Christian audio devotionals (Joyce Meyer, Greg Laurie, Ravi Zacharias, Joel Osteen, or Chuck Swindoll) as I walk and thank the Lord for His mercy, His grace, and His kindness. I thank the Lord for calling me to Him & saving me from myself, worldly pursuits, and the pain and emotional baggage of past failures. I also praise and thank the Lord daily for staying evil (things would be worse if He did not) in this country, this state, this city, my neighborhood, and my life. 

I am already a busy bunny so the extra kick from the coffee is nice. I am moving forward with other business ventures and I certainly like the additional push. Did I also mention it reportedly helps curb your appetite and is being dubbed as assisting with weight loss? 

Interested?

See my website at www.BuyJavitaCoffee.com/NursingLaw. 

Retaining a Lawyer to Defend Your Nursing License: Do you want to hear you are a Good Girl or the Best Boy? No, Say Give It to Me Hard!

Please remove your mind from the sewer!

How do you know who is the "right" attorney to represent you before the State Nursing Board? Do you just flip a coin and hope for the best? Are you looking for a warm and fuzzy feeling from the attorney? 

My suggestion would be to research the attorney and the law firm and make an educated decision on how to proceed. You may also want to speak with the attorney at length or in-person to further discuss your case. 

If you call my office and you "slam" your previous or current "license defense attorney" chances are (9/10), I am not going to represent you. Why? Because you are probably going to slam me in the future also. Also there is 3 sides to every story (the truth being usually somewhere in the middle of two extremes) and you are providing me with just your story.

Please do not call my office and say your previous or current attorney "f*cked up your case" because I do not or will not have a response. Okay, I will have a response; I may chuckle at your candor or may say "okaaaaaaaaay" or "wow" because I am abstaining from profanity professionally and personally. 

When I work with an attorney and I have several who counsel and advise me in personal as well as professional matters, I always tell my lawyers to "give it to me hard" and to provide me with the worst case scenario and the best case scenario. If I want my hand-held, I can call one of my best girl friends; I do not want my lawyers to hold my hand. Most lawyers have cold hands anyway; no pulse. Just kidding! 

I am a counselor at law (baby) not a professional counselor or licensed mental health, marital, or chemical dependency counselor or counselor assistant; although I certainly feel, express, show, and have empathy, sympathy, and compassion for my clients, prospective clients, or any tespondent in a State Nursing Board case.  

I don't sugar coat my representation, counseling, and advising of RNs, LPNs, APRNs, nursing students, and NCLEX-Applicants and I don't want an attorney assisting me sugar-coating my situation, case, or circumstances. If I want to be placated, I can call my maternal or paternal grandmothers. They will certainly tell me "it is going to be okay" and you are still grandma's good girl. 

Defending nurses requires sometimes that you tell folks, "this is ugly" and this is what we are looking at with the State Nursing Board. Sometimes I have to tell nursing students, nursing is not for you, IMO, based on your criminal convictions because what employer is really going to hire you even if you manage to get through the background check for admission to nursing school and for entry to clinical sites.

Sometimes, I have to tell nurses who are renewing their license to "buckle their seat-belt because the road is going to be bumpy for a while." This is my job and my role as a nurse license defense attorney. 

If you want to hear you are wonderful, you followed all the policies and procedures as well as all of the nursing practice standards with your actions or inactions, you have the "perfect" nursing practice, you are the "best" nurse you can and ever will be right now, and there is "nothing" you could have done differently under the circumstances in the incident leading to your State Nursing Board complaint, then you probably should not retain me. 

You do not want an attorney to cuddle you, do you? You don't want a lawyer to slap your face with your case file but you do not want the other extreme either, do you? I am sorry (no, I am not but I like to say I am sorry now because it makes me feel good) but I don't tell you what you want hear; we are not married.

As a licensed attorney, I have ethical and legal obligations in the attorney-client relationship and most importantly I have to be true to my calling in Christ. Being true means giving my objective, gut, honest, and researched assessment and review of case and sometimes, a lot of times, it may be difficult for a client to accept depending on the facts of the case. 

For example: 

1. You are looking a suspension of your license in this state;

2. You are more than likely looking at probation and monitoring with employment restrictions;

3. You are looking at Board monitoring in an alternative program or in a disciplinary program; 

4. You committed a crime and probably will be charged and subsequently indicted for one or more felonies;

5. You are looking at permanent practice restrictions in Ohio more than likely because; or 

6. You are looking at a permanent revocation of your nursing license in Ohio. 

There is always a but, however, maybe, or moreover and THIS is why you need to retain an attorney to counsel and advise you on realistically what are your options with respect to nursing career. 

Really? You are Already Represented by Legal Counsel and You are contacting My office because........

If you are being represented by another attorney in a State Nursing Board Matter then you need to say this FIRST to any license defense attorney you contact. To not do so is rude, and shows a lack of common courtesy. 

Why?

If you have retained an attorney to represent, counsel, and advise you before the State Nursing Board why then do you need to contact and ask another attorney questions about your case, situation, facts, and circumstances anyway? Call the attorney you retained and schedule an appointment with him/her to review your questions. 

If you need a second opinion about your case, then "say so" to the second attorney upfront and compensate the second attorney for his or her time. I charge $19.95 for second opinions. Don't try to play with me on the phone because I have been doing this for a while and I can smell tire kickers.

I have been in private law practice since 2001 and there is a first time for everything. I actually had someone contact me and proceed to ask me questions about his/her case before the State Nursing Board because this nurse's legal counsel was not available to take his/her telephone call. Guess, whose number I blocked out from calling my office? Yes, I do block calls personally and professionally Sugar Cakes. 

You get paid by the hour like most attorneys. Most of my cases are flat fee however is this really an effective use of Hot Mama's time taking your call because the attorney you retained is not available to speak with you right now? 

Do you not have any self-control or the patience to leave a voice mail for your attorney and then f/u with him/her about your case? Are you Baby Chris? Baby Chris is my cute green-eyed two-year old nephew who needs everything here and right now and will fall out and scream for any and everything. 

Most attorneys or staff return calls immediately, within hours, or a day anyway. Also why do you feel the need to speak with another attorney if you are already represented by counsel? If you have an emergency and your attorney you called is not available to speak with you that day or within a few hours, this is not my emergency. 

In my office, if you have a legal emergency (IMO this is ANY Nursing Board case and the nurse is unrepresented) or if you are a client, then Tina will get you in to speak with me or meet with me. Remember I am a recovering work-a-holic who relapses daily and I go hard here at LDW Law so I have meetings as early as 6am or as late as 8pm because the nurses who I serve (this is my calling, Apple Dumpling) work 24 hours a day. 

So, Pumpkin Pie, you cannot reach your attorney or his/her staff? I am sorry and I apologize. I learned this in Divorce Rebuilding that you should apologize for any and everything even if it is not your issue, concern, matter, or planet. This is moreover, an issue for you, your attorney, and his/her staff not mine. You need to address this with the attorney you retained not me. 

If you have retained an attorney to represent you, then call that particular attorney. This is common sense; do not call around and try to get your questions answered by another license defense attorney. If you are doing this, you are wasting the time of attorneys you are contacting for a freebie.  

At least 2x week, I hear "I retained Attorney B to represent me this morning but Attorney B is not a nurse or Attorney B does not have any experience with my type of case and I want to know what you think about...."

Really? Honestly what am I supposed to do with this information? Honestly? We are willing to work with and help anyone here at LDW Law (I DO NOT take State Nursing Board cases with intentional, extreme, and double nasty-super freak sexual allegations because Sweet Mama has to be able to sleep at night) but really? 

My standard response is now "Thank you for contacting me however you need to speak with the attorney you retained and paid to represent you, not me." 

Big Veggie Special with Mayo: Ohio Nursing Board Renewal Application Representation, Counseling, and Advising

This offer expires August 31, 2013, which is the deadline for renewing your RN license in the State of Ohio. The cost of representation is $2,499.99. For additional information, please email me at [email protected]. 

How do you know if you need a lawyer? Well, if you are renewing your license and you have to make affirmative disclosures to the Ohio Nursing Board related to alcohol dependency, substance use/abuse treatment, dual diagnosis, cross addiction, mental health, criminal conviction(s), guilty pleas, and/or a disciplined license in another state, then you need to retain an attorney. This is not a buffet therefore this list is not all-inclusive however, at a minimum, if you are checking "yes", talk to an attorney even if for 10-15 minutes. 

I understand you don't want to hire me because I like to play the Buffalo slot machine at the Horseshoe Casino Cincinnati while I eat a turkey "Crunch" burger from Bobby's Burger Palace. Buf-faaa-loooooooooo.

That's fine but retain someone to represent, counsel, and advise you before the Ohio Nursing Board so that you can make informed decisions on how to proceed. Call the Ohio State Bar Association for a referral to an administrative law attorney.

Please, please, please DO NOT retain your family law, personal injury, criminal defense, or divorce lawyer to represent you before the Ohio Board of Nursing. If you are going to retain a lawyer, there are several lawyers in Ohio who "do nothing but the Board" so retain one of these folks to help you in your case.  

Are you interested in working with me? I would like to help you. Please do the following:

1. Call or email Tina 

Tina is my virtual office assistant and schedules ALL of my appointments. Virtual means Tina and I are not physically in the same office however she works at my direction. 

Please provide Tina with all of your contact information including your mailing and email address. Give her a summary of the reason why you are scheduling the legal consultation with me. Lastly tell her you want the $101.01 Veggie Delight Special.

 

Tina Thelen, Virtual Office Assistant for

LaTonia Denise Wright, RN, BSN, JD
317-721-5530 (My Business Office phone)

[email protected] (email)

2.  Appointment and Payment 

Tina will schedule the appointment, take your credit card information, and confirm the amount to be charged. I will process your credit card payment as I am the only person in my firm authorized to process credit card payments. 

You can also pay the fee on-line via my website at www.nursing-jurisprudence.com or SNAIL MAIL a check or money order to my attention. 

 

3.    Documents, Correspondence, and Forms: Oh My! 

Scan/email, fax (855-859-5079), or SNAIL MAIL your documents to me. Send me EVERYTHING. I would rather have too much information than not enough information to review prior to our appointment. 

$101.01 Ohio Nursing Board RN Renewal Application Review: A Veggie Delight

The 2013 Ohio Nursing Board Renewal is here! Yes, it is that time of the year again. If you are responding "yes" to a renewal question, as a risk management strategy for your own nursing practice, you should consult with an attorney. 

Don't you want to know what you are facing? There is always a tendency to underestimate the seriousness of your own actions, inaction, or conduct in any particular circumstances. Your mother, your husband or wife, your best friend, and your "boo" may tell you "it is no big deal" but don't believe the hype. Obtain an objective consultation and advice for a nurse license defense attorney on the completion of your 2013 Ohio Nursing Board Renewal Application. 

Do you need a nurse license defense attorney in Ohio to review your Ohio Board of Nursing Renewal Application? 

Are you disclosing a felony or misdemeanor criminal conviction?

Did you have a criminal conviction or plea expunged and you are questioning whether or not you are required to disclose the information to the Ohio Nursing Board?

Are you disclosing substance use or substance abuse treatment?

 

Are you disclosing action against your RN license in another state?

 

Are you disclosing action against another professional license or designation in the State of Ohio or another state?

Offer Expires: August 31, 2013

Are you interested in working with me? I would like to help you. Please do the following:

1. Call or email Tina 

Tina is my virtual office assistant and schedules ALL of my appointments. Virtual means Tina and I are not physically in the same office however she works at my direction. 

Please provide Tina with all of your contact information including your mailing and email address. Give her a summary of the reason why you are scheduling the legal consultation with me. Lastly tell her you want the $101.01 Veggie Delight Special.

 

Tina Thelen, Virtual Office Assistant for

LaTonia Denise Wright, RN, BSN, JD
317-721-5530 (My Business Office phone)

[email protected] (email)

2.  Appointment and Payment 

Tina will schedule the appointment, take your credit card information, and confirm the amount to be charged. I will process your credit card payment as I am the only person in my firm authorized to process credit card payments. 

You can also pay the fee on-line via my website at www.nursing-jurisprudence.com or SNAIL MAIL a check or money order to my attention. 

 

3.    Documents, Correspondence, and Forms: Oh My! 

Scan/email, fax (855-859-5079), or SNAIL MAIL your documents to me. Send me EVERYTHING. I would rather have too much information than not enough information to review prior to our appointment. 

$1,999.99: Tuna Melt Deluxe for NCLEX-Applicants needing Traditional Nursing Board Representation

This special runs until September 1, 2013. 

The Summer is here and the Nursing Law Bandit is peaceful, happy, and extremely content because I am swimming daily and enjoying myself. I didn't know being single was this fun!

I am offering a number of discounts for nursing students and the Ohio, Kentucky, and Indiana Nursing Board renewals starting now and running until October 31, 2013. This one is for nursing students who need representation, counseling, and advising before the Ohio, Kentucky, or Indiana State Nursing Board. 

Are you a nursing student, nurse school graduate, or NCLEX-Applicant and you have to appear before the Indiana Nursing Board because you responded "yes" to a question on the IN BON Application for Licensure by Examination? 

 

Did you apply for a license with the Ohio Nursing Board and you received a Consent Agreement or Notice of Opportunity for a Hearing by mail from an Adjudication Coordinator and Board Attorney? 

 

Did you apply for a license with the Kentucky Nursing Board and you have been contacted for an "investigative meeting" to meet in-person with Board staff in Louisville, Kentucky to review your application for licensure? 

Are you interested in working with me? I would like to help you. Please do the following:

1. Call or email Tina. 

Tina is my virtual office assistant and schedules ALL of my appointments and maintains my calendar. Virtual means Tina and I are not physically in the same office however she works at my direction. 

Please provide Tina with all of your contact information including your mailing and email address. Give her a summary of your case from A to Z. Lastly tell her you want the $1,999.99 Tuna Melt Deluxe for New Nurses.

 

Tina Thelen, Virtual Office Assistant for
LaTonia Denise Wright, RN, BSN, JD
317-721-5530 (My Business Office phone)

[email protected] (email)
http://tinasvirtualoffice.com (website)

 

 

2. Tina will schedule an appointment with me either in-person or by telephone and take your credit card information, and confirm the amount to be charged. I will process your credit card payment as I am the only person in my firm authorized to process your credit card payments. 

You can also pay the fee on-line via my website at www.nursing-jurisprudence.com or SNAIL MAIL a check or money order to my attention. 

 

3. Scan/email, fax (855-859-5079), or SNAIL MAIL your documents to me. Send me EVERYTHING. I would rather have too much information than not enough information to review prior to our appointment and to start preparing your defense and case strategy. 

$99.99 Legal Consultation for NCLEX-Applicants, Newly Licensed Nurses, and Nursing Students

It never fails; I speak with a nursing student, new nurse, or NCLEX-Applicant who has regrets related to the Initial Application for Licensure by Examination submitted to the Ohio, Kentucky, or Indiana State Nursing Board.

It is that time of the year again. I am offering a Tuna Melt Special for nursing students. The cost of a legal consultation to review your Application for Licensure, records to be submitted to the State Nursing Board, and speak with you by telephone is $99.99. 

Are you required to check YES and answer in the affirmative on your Application for Licensure by Examination with the State Nursing Board in Ohio, Kentucky, or Indiana? 

This special runs until September 1, 2013. 

Are you interested in working with me? I would like to help you. Please do the following:

1. Call or email Tina. 

Tina is my virtual office assistant and schedules ALL of my appointments. Virtual means Tina and I are not physically in the same office however she works at my direction. 

Please provide Tina with all of your contact information including your mailing and email address. Give her a summary of the reason why you are scheduling the legal consultation with me. Lastly tell her you want the $99.99 Tuna Melt Special.

Also you are calling a law firm; We are legally and ethically obligated to safeguard the confidences of clients and prospective clients; You are not calling the State Nursing Board office. We need your name and contact information for risk management, conflict checking, and common sense reasons. Please don't call and say you can't provide your first and last name for confidentiality concerns; it gives me something to laugh about for at least 2-3 minutes. 

Tina Thelen, Virtual Office Assistant for
LaTonia Denise Wright, RN, BSN, JD
317-721-5530 (My Business Office phone)

[email protected] (email)
http://tinasvirtualoffice.com (website)

 

2. Tina will schedule the appointment, take your credit card information, and confirm the amount to be charged. I will process your credit card payment as I am the only person in my firm authorized to process credit card payments. 

You can also pay the fee on-line via my website at www.nursing-jurisprudence.com or SNAIL MAIL a check or money order to my attention. 

 

3. Scan/email, fax (855-859-5079), or SNAIL MAIL your documents to me. Send me EVERYTHING. I would rather have too much information than not enough information to review prior to our appointment. 

DIY: Do It Yourself is for Yard Work Not a State Nursing Board Case

I am a DIYer. I work in my yard daily. I cut my grass, clean and sanitize my swimming pool, hot tub, and swim spa (I love water; I am a Cancer) and maintain my yard at my primary residence. I don't like to do the trim or use the blower but I grin and bear it. I use the self-propelled push mower on my front yard and the slopes in my back yard. I have a riding lawn mover for the remainder. It takes me about 2-3 hours to cut my front and back yard weekly but the workout is to die for and I take pride in the appearance of my yard. 

I am staining the lattice on my deck slowly but surely over the next two weeks although I had someone stain the rails, balusters, and flooring for me as well as paint the concrete around my swimming pool. I repaired my dog fence after the underground wire was cut by my fence installer last week. I pay someone $25.00 a week to cut the grass at my office. I do not open or close my swimming pool; it would take me about 6-8 hours by myself. 

However there are just somethings that I do not do because it is not efficient for me to do so (like cleaning my home and office; although I like to wash walls and scrub woodwork) or it is beyond my level of skill or common sense. I pay my cleaning lady before I pay my mortgages; it would take me at least 8-10 hours a week to clean my home and office. Just mopping and waxing the hardwood floors on two levels of the house takes about 4 to 5 hours. 

For example, I don't do my own taxes or accounting although theoretically, I could learn.  I have an accountant and bookkeeper. I don't do my own legal work; I have a civil attorney and an attorney I consult with for ethical, practice, and contractually matters. I have a financial planner and I am working on finding a local business coach. I don't have a criminal defense attorney yet, but if I need one, I know who to call to represent me. No plumbing, no sewing, no electrical work, and no premarital sex. Okay you just woke up didn't you? 

I am wearing my hair natural and therefore I wash and two strand twist my own hair because I swim almost daily; I see my stylist once a month to trim my ends and to deep condition my hair. I do as much for myself as I can as allowed by my schedule, endurance, and pocketbook. Yes, I am old school; I have several pocketbooks.

I do not wash or wax my vehicles but I do wash and wax my bike and dogs (sometimes; Luke is huge and sometimes it is easier on my back to take Luke and Leia to the groomer and also checked by their vet, Dr. Lisa. My dogs have allergies, a blood disorder, and are prone to ear infections. Most of the meds in my home belong to Luke and Leia. 

Why am I telling you this today? There is a thin line between love and hate and DIY and paying for a service. DIY is for yard work and personal chores and should not take the place of receiving professional and objective advice, counseling, coaching, and representation. 

A lot of nurses, nursing students, and NCLEX-Applicants DIY with the State Nursing Board. Sometimes it works out and sometimes it doesn't. Do you want to take a chance and gamble with your license, livelihood, and nursing career? DIY means you are representing, counseling, and advising yourself before the State Nursing Board, i.e. you are proceeding PRO SE.  

It always surprises me that nurses as educated and licensed professionals will spend tens of thousands of dollars to attend entry level and graduate nursing programs and then balk at spending a few hundred or thousand dollars on legal advice, counseling, and representation in a State Nursing Board disciplinary investigation. I always here "if I would have known I needed an attorney or IF someone would have told me I needed an attorney...."

If "if" was a Fifth (of the Wild Irish Rose) we would all be drunk.....is an slang idiom I heard someone say just the other day as I rode my bike to the post office. I love my bike. 

If I had hired a nurse license defense attorney in the beginning......

If I had consulted with a license defense attorney before I signed the Ohio Nursing Board Consent Agreement....

If I had talked to a nurse license defense attorney before I submitted my Renewal Application to the Ohio Nursing Board....

If I had retained an attorney to work with me while on probation and monitoring with the State Nursing Board.....

If I had consulted with an attorney before I submitted my Application for Licensure by Examination to the Ohio Nursing Board....

Don't DIY before the State Nursing Board; Consult with and retain an attorney with experience defending nurses before the State Nursing Board to assist you ASAP. Use your common sense; you know when you need assistance, guidance, and counseling don't you?  

Nurses Beware: There is Danger in Being Unlawyered

See this article in the Lawyerist which discusses the hazards of being unlawyered. http://lawyerist.com/defend-deposition-just-show-up/

I see the hazards of being unrepresented and unlawyered daily in my law practice.

1. Ohio Independent Providers

You are running a business and practicing in your business which means you should have an accountant, bookkeeper, and a Nursing Law attorney to assist you with regulatory compliance. 

If you don't have these as an IP, then work FOR a home health company as an employee as opposed to being a home health company. 

2. Self-Employed Nurses in Private Practice

You are running a business and practicing in your business which means you should have an accountant, book keeper, and a Nursing Law Attorney to assist you with regulatory compliance. 

You don't just start a business providing health care services and run with it without having legal advice, counseling, and coaching on your compliance with federal, state, and local laws and regulations.

This is especially true with APRNs in private practice. I actually had one APRN tell me that national and state nursing professional association dues should cover "legal advice" and "business counseling." Nursing professional associations are struggling and strapped for cash because of declining membership and dwindling interest. 

4. Representing Yourself Before the State Nursing Board during the Initial Complaint

I have seen it all in my 12 years of solo practice defending nurses before the State Nursing Boards. Being unlawyered and underlawyered (having an attorney who knows nothing about practicing before the Board) is becoming more and more of a common practice. 

There is always a tendency to minimize the complaint against one's license and rationalize the decision to "do it your way." 

4. Representing Yourself during a State Nursing Board Probation and Monitoring Period

I don't like being told what to do which is certainly why I hire professionals to do my taxes, book keeping, and legal work. I hire professionals to provide and render professional services. 

 Chances are you didn't have a lawyer during the Board investigation and case which led to discipline of your license; then do yourself a favor and retain an attorney to counsel and advise you while you are on probation for 15 years with the State Nursing Board.  

 

5. Counseling and Advising Yourself When Things "Go South" with your Employer

If your nurse manager says "this is reportable to the State Nursing Board", you need to talk to a nurse license defense attorney.  I know you have never had anything happen in your life outside of two speeding tickets, but when you hear "this is reportable to the State Nursing Board", the defecation is near the ventilation and it is time to start thinking about your nursing license, your employability, your career, and your next month's mortgage payment not you will no longer be able to chair the Facility Shared Governance Cultured &  Collaborative Cupcakes & Coffee Committee. 

6. The Criminal Stuff 

You know or you should know if what you are doing is illegal. If you don't know, ask a lawyer. For example are you

stealing narcotics from work? Criminal

stealing supplies from work? Criminal 

consistently driving while intoxicated (prescription drugs, alcohol, etc.)? Criminal

doctor shopping to maximize your ability to obtain prescription medication? Criminal

billing for healthcare services you did not provide? Criminal

putting your hands on folks (kids, spouse, parents, neighbors etc.)? Criminal

Your personal life and your professional life collide when matters turn criminal and also in domestic situations. Sh*t happens and frequently I might add; so unless you are dead; the end is not yet. Praise God!

You can use "The Force" and swim, crawl, waddle, walk, slide, run, dance, and skip from the Dark Side, Young Skywalker. Please note there is a cost and fees associated with accessing "The Force" because it is a professional service(s). Yoda isn't available. 

First remember this is not the end of the world although it may feel like it. I am a recovering drama queen so I understand the need for actions, emotions, behaviors, thoughts, and everything over the top and heavy heavy. Allow your time to process your feelings and emotions if you are a licensed nurse and you are involved in a criminal matter. However you have to come off the rollercoaster at some point. 

Practically you just need help sorting and shifting the wheat from the tares in a legal and nursing practice context of course, not spirtual. This is what a nursing law attorney does for a nurse confronted with criminal issues when addressing the nursing aspects of the criminal matter. 

 

Smell My Feet: Customer Service, Staff Nurses, and the Waffle House

My nephews used to ask me to smell their feet. They were only 3 and 4 at the time and we would play a game where I would smell their feet, which were funky of course, and then tell them it was time for a bath.  We even called one of my nephews lovingly  Phat Man "my feet" because of my nephew's focus on his feet. 

IMO making staff nurses be responsible for, be graded for, and be accountable for "excellent customer service" is like one adult asking another adult to smell their feet. It turns your stomach right? You feel indignant right? You get a little angry and wonder did this person have "any" home training or was this person reared by barbarians. 

I understand healthcare and providing nursing care is a business as well as an occupation. 

I understand patient and resident rights in the context of healthcare and providing nursing care as a business as well as an occupation. 

I understand healthcare facilities (hospitals, nursing homes, etc.) want to distinguish their organization from the other organizations providing the same services in a geographical area. 

I understand marketing, advertising, and I also understand customer service. 

But what I don't understand is the emphasis on customer service and customer service training for bedside and staff nurses. 

But I don't get the "customer-service" frenzy of healthcare management which forces staff nurses to "wait on" patients and their families in addition to providing nursing care: administering medication, following up with physicians, collaborating with other healthcare professionals, performing skilled nursing tasks, etc. 

Nurses now feel pressure to be "liked and scored well" by patients and family members who expect to treated like royalty and have water brought to them, food warmed, pillows fluffed, and feet smelled and massaged all in the context of providing excellent customer service. You have got to be kidding me! There isn't enough time in a shift to perform all of the nursing interventions required for a patient care assignment but now you add to that this customer service aspect. Really? 

It is accreditation agencies, doctors, the C-Suite, and facility administrators setting these unreasonable standards because they are not the ones providing the services. If a facility wants excellent customer service, hire "customer service" technicians to assist the nursing staff but don't require nurses to graded like preschoolers on such arbitrary nonsense. What does how fast I brought you a glass of water with lemon have to do with providing safe nursing care in the context of nursing law, rules, and standards? 

Customer service isn't patient safety and certainly isn't required by the State Nurse Practice Act and Board of Nursing regulations or the professional standards of nursing practice. Customer service is required for waitresses/waiters (I have to be PC) at the Waffle House.

Are you working the first, second, or third shift at Waffle House this week? Has the provision of nursing care with your employer with the emphasis on customer services denigrated the environment, atmosphere, and morale of the nursing staff to the point that you feel you are working in fast food?

If I walked into your facility at 3am; would I feel like I am at the Waffle House? I would like to order a sweet tea, scrambled eggs with cheese, raisin toast, grits with cheese, and a large order of hashbrowns with cheese and mushrooms? 

Nothing wrong with working fast food. I worked at Dunkin Donuts on the night shift during high school. Yes, hot mama sold donuts and coffee! Nursing care isn't fast food and if you bring the customer service aspects of fast food to nursing care, do you also bring along the ethics 

I don't know what if anything will cause "the sleeper to awaken" (this is from the movie and book Dune) and for nursing as whole to revolt and "fight the power" but maybe just maybe it might be the emphasis on "customer service." The "customer service" movement in healthcare may actually do the impossible and steer the nurse today and tomorrow to organized labor and unions.  

OBN E*News 04/11/2013 - Important OARRS Registration Information for CTP Holders

OBN E*News 04/11/2013 - Important OARRS Registration Information for CTP Holders

It is important that all Certificate to Prescribe (CTP) holders register for OARRS (Ohio Automated Rx Reporting System) to be in compliance with the legal requirements for the use of OARRS. Rule 4723-9-12, Ohio Administrative Code (OAC), requires that under certain circumstances APRN prescribers use the OARRS information in their practice when prescribing controlled substances or tramadol. You can access Rule 4723-9-12, OAC, “Standards And Procedures For Review of OARRS,” via the link below.

To register for OARRS and to obtain additional information about OARRS, go to https://www.ohiopmp.gov/Portal/Brochure.pdf. The Board encourages you to register immediately so you are in compliance with this legal requirement. Because it is important for APRN prescribers to register for OARRS, you will also be reminded to register during renewal this year.

The rule, Chapter 4723-9-12, OAC can be found on the Lawriter website …http://codes.ohio.gov/oac/4723-9