Nursing Law & Order

Notice of Opportunity for a Hearing

I attended the Ohio Board of Nursing meeting last week in Columbus, Ohio on Friday, September 22, 2006. The Board issued a Notice of Opportunity for Hearing to a number of its licensees at the July 2006 Board meeting and some nurse failed to respond to the Notice and request a Hearing.

How can a licensed nurse fail to request a hearing and respond to a complaint and disciplinary investigation pending against his or her license? If you receive correspondence or phone calls from the Board of Nursing or any other state regulatory agency, don't just ignore the correspondence or phone calls.

Remembers its your license and you have to take steps to protect yourself and be your own advocate. At mininum contact a licensed attorney in your state/jurisdiction to discuss your situation.

ANA Congress

I attended the ANA Congress on Nursing Practice & Economics meeting Sunday, September 17-Tuesday, September 19th in Silver Springs, Maryland at ANA Headquarters. I was elected to the Congress this summer at the ANA House of Delegates.

This is an exciting time for the Congress as we have over 60 elected nurse members from all over the country in different speciality areas and with varying degrees of education. I am looking forward to serving as a member for the next four years.

If you have an issue that you would like for me to bring to the Congress for discussion, please email me at [email protected]. For additional information about the ANA Congress please see www.nursingworld.org.

Its Common Sense!

You are summoned to a large conference room in your facility. You enter the room and you are greeted by your immediate nurse manager, a human resources representative, and an officer from the local sheriff's office.

You ask if you need an attorney and your nurse manager replies "we only want to ask you a few questions." What would you do?

In the American justice system, we and this we includes nurses have rights. Considering invoking your rights when confronted with this type of situation. In this situation, the law enforcement officer will not "advise" you of your rights because you are "not under arrest" or being detained. You are a professional and you should know what your rights are as a licensed professional.

Nurses, know what your rights are and regardless of whether you were involved in any criminal, unethical, unprofessional, or any type of misconduct, consider exercising those rights until you can speak with an attorney to counsel and advise you on the consequences of any investigation.

Chemical Dependency

Do you suspect that a colleague has a chemical dependency? Do you have a chemical dependency?

Regardless of whether a nurse is diverting medication intended for patient use, stealing medication, or drinking excessively prior to and after shifts, the nurse needs help immediately. Do not wait until an incident happens and you are being investigated by your employer/agency, local law enforcement, and/or the board of nursing.

Contact a nurse attorney in your state or territory who practices before the board of nursing and discuss your options. You do have options and you want to make an informed decision on your next course of action.

Criminal Charges

Nurses, I have said this more than once and I will say it again and again. If you are charged with a crime, regardless of whether its a felony or misdemeanor, retain a criminal defense attorney for your criminal matter and retain an administrative law attorney to counsel and advise you with the Board of Nursing matter. Don't wait until a criminal conviction or treatment in lieu of conviction has been entered in the criminal matter.

I say this because I speak with nurses regularly who want "free" legal advice and counseling regarding the interplay of a criminal conviction and the impact on nursing licensure. I don't provide free legal advice as an attorney just like as a home care nurse I don't provide patient care without the expectation of payment from my employer. Do you work as a nurse without an expectation of payment? I don't think so.

Attorneys can not provide with legal advice without first entering into an attorney-client relationship and this requires payment of some type of fee normally. It does in my law office anyway. Attorneys can provide you with information however you need more than "information" when you are charged with a crime and there are issues related to your nursing license.

My suggestion is to bite the bullet and retain an administrative law attorney with experience before regulatory boards to counsel and advise you on the licensure matter while the criminal matter is pending and to represent you before the Board in the event a complaint is filed.

I am sure you have other things to do with your money besides pay for legal services however considering that your license is your livelihood.....

This is just my two cents!!!

Employment Contracts

Are you working under an employment contract? Did you have an attorney with experience and expertise with nursing and health law issues review your contract prior to signing?

A contract is a legal document expressing the rights and responsiblities of the parties to the agreement. Contract terms, clauses, and provisions are subject to negotiation therefore you shouldn't just sign a contract without a clear understanding of how the contract will impact you now and in the near future.

Healthcare employers may use employment agreements with ARNPs. Staffing agencies use employment agreements with agency nurses. The agreement may be fair or the agreement may be one-sided an favor the healthcare employer.

Are you working under an employment agreement? If so, has your experience been positive or negative?

Unprofessional Conduct

What is unprofessional conduct for nurses? Do you know how your state Nurse Practice Act (NPA) and state Board of Nursing regulations define unprofessional conduct or misconduct? You should.

In my experience, I have found the majority of unprofessional conduct from nurses in the workplace stems from dsyfunctional and unhealthy work environments. This happens when unhealthy and borderline conduct is tolerated over a period of months or years until The INCIDENT happens. This INCIDENT is allegedly so offensive and degrading that the nurse(s) may be terminated and reported to the state board of nursing or other regulatory agencies for a variety of alleged offenses.

The bottom line is to keep it professional in the workplace. I am all for making work wonderful and having fun in the workplace, but there are boundaries.

How do you draw the line between joking and playful behavior in the workplace and unprofessional conduct. Please keep in mind that what is considered "normal behavior" on a particular unit, floor, wing,  or setting may not be the norm for professional nursing.

There will always be nurses who press the boundaries of normal behavior and conduct in the workplace because there will always be the "the good, the bad, and the ugly" behaving in every occupation and profession. However, you don't have to be that individual.

You are a professional, so keep it professional in the workplace, please. Tell me, are you working in an unhealthy and dysfunctional environment?