Nursing Law & Order

Nursing Delegation

I am presenting a session on Professional Boundaries and Nursing Delegation this week at the Indiana Association of Home & Hospice Care Annual meeting in Indianapolis.

Do you delegate tasks to Nursing Assistive Personnel (NAP), formerly referred to as Unlicensed Assistive Personnel (UAP) in your workplace? What have been your experiences with nursing delegation? If you are a LPN, are you permitted to engage in nursing delegation pursuant to your State Nurse Practice Act and Board of Nursing regulations?

Ohio Nurses Foundation Luncheon

The Ohio Nurses Foundation luncheon is Wednesday, April 18, 2007 in Columbus, Ohio. For additional information, see www.ohnurses.org.

Texas LVN Charged with Arson and Murder

Misty Weaver, an LVN in Houston, Texas was charged with arson and three counts of felony murder for allegedly starting a fire on March 28, 2007 in a building that caused the death of three people. She allegedly started the fire because she was afraid of losing her job after not completing paperwork on time. See the Arrest Warrant at http://www.khou.com/images/0704/nursepdf.pdf.

According a news report, Ms. Weaver worked for Dr. Robert Capriotti, a cosmetic surgeon. Dr. Capriotti told the Houston Chronicle that Weaver was a star employee who had no reason to be afraid of losing her job over a "routine" task.  Ms. Weaver was responsible for the audit paperwork for an accreditation survey. She reportedly had not completed the paperwork and set the fire in the hopes that the damage that the fire would cause would cancel the accreditation surveyors from coming to the building. See http://www.khou.com/news/local/houstonmetro/stories/khou070410_ac_nursefire.acb5a9b.html

LPNAO Student Convention

The Licensed Practical Nurse Association of Ohio student nurse Convention is Tuesday, April 17, 2006 in Columbus, Ohio. For additional information, see www.lpnao.org.

Kentucky Nurse Licensure Compact

The Commonwealth of Kentucky is joining the Nurse Licensure Compact (NLC) on June 1, 2007. The Kentucky Board of Nursing 2007 Conference is June 1, 2007 at the Kentucky Fair & Exposition Center in Louisville, Kentucky. Discussions on the NLC will occur in the afternoon.

I am making plans to attend the afternoon session.

For additional information, see the Board's website at www.kbn.ky.gov or see the Winter 2006-2007 Edition of the KBNursing Connection, the Board's newsletter.

American Academy of Nurse Practitioners

The AANP Annual Conference takes place this year in Indianapolis, Indiana from June 20-June 24, 2007. I am presenting a poster at the conference this year and I am looking forward to attending the educational sessions offered. If you are attending and would like to get together for dinner, please email me at [email protected]. This is my first AANP Conference. Although, I am not a NP,  I represent, counsel, and advise NPs and I am excited about attending the conference.

For additional information about the Conference, see www.aanp.org.

2007 Kentucky Coalition of NP & NM Conference

The KCNPNM Conference takes place again this year at the Northern Kentucky Convention Center in Covington, Kentucky. The Conference runs April 24-28, 2007. For additional information see, www.kcnpnm.org.

Plea to a Lesser Charge

As a nurse, you are a licensed healthcare professional. Having a license issued to you by a state regulatory agency, has benefits and burdens. The obvious benefits for nurses are the pay, flexibility of hours, ease of obtaining employment, career mobility, etc. One burden is meeting and maintaining the conditions for licensure and the scrutiny that comes along with licensure. Its not just for nurses but also attorneys, doctors, dentists, respiratory therapists, etc.

The scrutiny is ever present with criminal cases involving licensed nurses. DO NOT understand any circumstances agree to a conviction on a lesser charge (for example you are indicted for felonious assault however you plead no-contest or guilty to a lesser charge of misdemeanor assault) until you consult with an ADMINISTRATIVE law attorney who regularly practices before your state licensing board.

Your license is your livelihood and its role to advocate for yourself. You can't assume that your criminal defense attorney is examing the case from a licensure perspective. Your criminal defense attorney is focused on the criminal case at hand and you should consult with a licensure defense or administrative law attorney regarding the implications of any criminal conviction or potential plea on your license(s). Do this immediately after you are indicted or charged with a criminal offense (besides minor traffic offenses; but this includes DUIs ).

Many of us hold multiple licenses. I am a licensed RN in Ohio and a licensed attorney in Ohio, Kentucky, and Indiana. I live in Cincinnati, Ohio which is on the border of Kentucky and Indiana and lots of nurses in this area are licensed in a combination of Ohio, Kentucky, and Indiana. I also meet nurses who are also licensed respiratory therapists, massage therapists, and social workers.

A plea to a lesser charge may be "good" for your criminal case but you want to know beforehand the potential and possible ramifications related to licensure. This is Just My Two Cents!