Nursing Law & Order

Respiratory Therapist Molesting Pediatric Patients

Here is a link for the story. http://hosted.ap.org/dynamic/stories/T/THERAPIST_PATIENT_MOLESTATION?SITE=OHCIN&SECTION=AMERICAS&TEMPLATE=DEFAULT

As part of a plea deal,Respiratory Therapist Walter Albert Bleyle, 56, was sentenced to 45 years and eight months in prison for molesting five of his young, disabled patients and for taking pornographic photographs of others. Prosecutors said he targeted those who were comatose, brain-damaged or too disabled to talk.

Increase in Board of Nursing Action Against Nurses

A fellow Nurse Attorney, Connie Morrison http://www.camorrison.com/ has the following posted on the front page of her website:

Did you know:
An alarming trend is that the numbers of state board of nursing actions against nurses has been steadily increasing since the 0.2-0.3 percent of all United States registered nurses who were annually disciplined at the turn of the twenty-first century (Benner et al., 2002). At the same time, the numbers of nurses who have had increased responsibility and accountability in their scope of practice have also faced intensified scrutiny by these same boards of nursing. With the national trend of increased litigation, increased malpractice premiums, and increased civil, criminal, and board of nursing action, Continuing Legal Education Programming (CLEP) is vital.

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This is an alarming trend especially considering there is a documented need for more nurses across the country to practice in a variety of settings. Maybe Congress and the state legislatures when considering studies and funding for nursing schools/colleges, centers of nursing, and the lack of nursing faculty should also consider the following: Are we recruiting potential nurses only to have these nurses disciplined at some point in their career by a state Board of Nursing?

This does not even take into account criminal convictions (misdemeanor and/or felony) and the legal headaches faced by nursing students who have criminal convictions and then apply for initial licensure in a particular state. Or licensed nurses who face disciplinary investigations for a criminal conviction (misdemeanor or felony) even if unrelated to nursing practice in some states.

I had a family member of mine inquire about nursing school last week. She has several misdemeanor convictions from several years ago but no felony convictions. I advised her if she does enroll in nursing school and complete her education that depending on the state where she seeks initial RN or LPN licensure, she may need legal representation, counseling, and advising. I don't think she plans to apply now and if she does I will counsel her to seek initial nursing licensure in an appropriate state.

Should a new graduate and newly minted nurses start his/her career on probation with a Board of Nursing (depending on the Board of Nursing, this is akin to being "on criminal probation" or "on criminal parole") or with "action" against his/her license prior to the first day at work?

What a way to welcome new nurses to the practice of professional nursing!

Collective Bargaining for Ohio Home Health Workers

Ohio Governor Ted Strickland via  Executive Order has paved the way for collective bargaining for Ohio's independent home health care providers, which includes RNs and LPNs. See http://governor.ohio.gov/News/July2007/News71707/tabid/328/Default.aspx. 

There are 7,000 independent home healthcare providers in the State of Ohio and this includes self-employed RNs, LPNs, home health aides, etc. who are independent contractors (not employees of the State) and who bill the State for home health care related services provided under State programs. For additional information see, http://jfs.ohio.gov/OHP/ohc/ohc_providers.stm.

What is your opinion? Is collective bargaining needed for nurses working as independent providers in the state of Ohio?

Allegations of Nurse Drug-Diversion in LTC

The State of Ohio Office of Attorney General in correspondence dated June 12, 2007 addressed to the Compliance Manager at the Ohio Board of Nursing proposed that the Medicaid Fraud Control Unit-Health Care Fraud Section of the Ohio Attorney General's Office and the Ohio Board of Nursing work together in coordinating both the administrative and criminal investigations of drug diversion cases in long-term care involving nurses. To view the memo, see the Ohio Board of Nursing website at http://www.nursing.ohio.gov/PDFS/NextMeeting/M2/4.11.2Covmemo.pdf.

What does this mean for Ohio nurses working in the LTC facilities?

1. Administer and document all medications in accordance with the Ohio Nurse Practice Act, Ohio Board of Nursing regulations, and your facility policies and procedures. No exceptions.

2. If allegations related to drug diversion, inappropriate documentation of medication administration, etc. arise, consider consult with a licensure attorney immediately (before you provide a oral/written statement to your employer or a regulatory investigator, meet with investigators, etc.) so that you can make informed decisions related to the forthcoming ADMINISTRATIVE and CRIMINAL investigations.