Nursing Law & Order

Additional January 2007 Inquiries

I would also like to add the following to the list of legal consultations and inquiries provided by my law firm in January 2007:

* Nurse terminated from a healthcare organization for an alleged breach of patient confidentiality and reported to the state board of nursing; and

*Nurse reported to the state board of nursing by a former employer for alleged scope of practice violation and documentation issues.

January 2007 Legal Inquiries

At the end of each month, I will provide a brief summary of the types of cases, phone calls, and inquiries, I receive in my law practice. No client identifying or state specific information is provided. I posted before that January has been a busy month for me and it has been however, I am not complaining. Below is a summary:

* Administered a medication to a co-worker without a written physician order;

* Inconsistent documentation and waste of narotics;

* Allegations of theft of narcotics;

* Allegations of chemical impairment in the workplace;

* Practice deficiencies being reported to the state board of nursing;

* Advanced Practice Registered Nurse failed to renew RN license and continued to practice and bill for services;

* Unsafe nursing practice allegations being reported to the state board of nursing;

* monitoring problems with a Board of Nursing Alternative Program for Chemical Dependency and Practice Deficiencies;

* Nurse as a lay witness in a medical malpractice case;

* Positive drug screen for marijuana while being monitored by the state board of nursing;

* Resignation from employment in an ambulatory care setting;

* Placed on corrective action plan in the workplace for medication error;

* Reported to state board of nursing for alleged chemical dependency; and

* Student nurse terminated by healthcare employer for unauthorized access of an electronic medical record.

Professional Liability Insurance

A nurse contacted me this week. Her former employer filed a complaint against her license with a state board of nursing for unsafe nursing practice allegations. The nurse has a professional liability insurance policy. She contacted the insurance company and was told the policy does not cover attorneys fees and costs related to defending her license before the state board of nursing.

If you purchase professional liability insurance, make sure it provides coverage related for professional negligence and other civil suits where you are named as a defendant and for defending your license before federal and state regulatory boards.

What Should I Do?

This has been a busy year for me already and this only the third week of January 2007. I usually receive at least 5-15 calls every week from nurses and other healthcare professionals about legal issues in practice, regulatory investigations, terminations, etc. The majority of the calls are from nurses and the majority of my practice involves representing nurses.

On average I receive one or two calls a week from nurses who are being investigated by a State Board of Nursing and who want to know "what should I do" about the complaint against my license?

First all nurses should consider purchasing a professional liability insurance policy that provides for attorneys fees and costs in the event a complaint is filed against your nursing license. The majority of nurses who contact my law office don't have insurance and therefore must pay legal fees "out of pocket."

Second, if you are reported to the State Board of Nursing, consult with a nurse attorney who practices administrative law in your state before you consent to a phone interview, provide a written statement, meet with an investigator, and submit documentation to the Board. A consultation does not mean you are retaining an attorney to represent you. It means you are seeking assistance with sorting out the issues in a privileged setting.

Third, be careful with whom you discuss the complaint and the circumstances surrounding the complaint. Why? Some nurses turn to colleagues for assistance and advice on how to handle the matter and some of these colleagues then tell stories of how someone they know handled a Board complaint and prevailed without an attorney. You may have 3 or 4 different people telling you how to handle the complaint and what's in your best interest.

Disciplinary Investigations

What a way to bring in the New Year! However, if you are being investigated by your state board of nursing, state board of pharmacy, department of health, or office of attorney general, you should consider scheduling a legal consultation with an administrative lawyer in your state.

You should consult with an attorney prior to being interviewed by a state investigator in person or via phone or providing a written statement. You are a licensed professional, so act like it! You must always consider what is in your best interest. If you don't consider what's in your best interest, what makes you think others will?

Happy New Year! Is 2007 Our Year?

Happy New Year Nursing Colleague!

1. Will this be the year that we will be "recognized" as a profession? If we are not a profession, what are we? A craft, occupation, trade, calling, etc. Does it matter? For me, regardless of whether nursing is ever recognized as a true profession, I am LaTonia Denise Wright, R.N., first and foremost.

2. Will this be a year that we will reach a consensus on the entry level to practice?

3. Is this the year that we as a profession will recognize the importance of nursing standing unified, regardless of education, practice area, or union status?

4. Will this be the year that individual nurses recognize the importance and POWER inherent in employment contracts, agency relationships, independent contractor status, and other viable alternatives to at-will employment?

5. Will this be the year that nurses start supporting our nursing professional associations (by joining and paying membership dues of course) which tirelessly advocate for nursing?

6. Will this be the year that as nurses we start following what happens in the state and federal legislatures like we follow what happens on the local evening news?

7. Will this be the year that we as as a profession stop eating our young and discouraging others from considering nursing as a career choice?

8. Will this be the year that RNs and LPNs (and associations and organizations for each) unite on the national, state, and local levels to pursue common goals and interests?

9. Will this be the year that in addition to being one of the most trusted and respected professions by the public that nursing will also be one of the most trusted and respected professions with _____________?

10. Will this be the year that the Sleeper Will Awaken? The Sleeper Must Awaken! This is a quote from Dune written by Frank Herbert.