I appeared with a nurse client yesterday before the Indiana Board of Nursing. What struck me after listening to the appearances for applicants for initial licensure and applicants for endorsement was not that the nurses didn't have legal counsel. That's no surprise because the majority of nurses involved in a licensure matter don't have legal representation.
What about at a minimum seeking legal counseling and advising even if you don't formally retain an attorney? What struck me was in a few cases the nurses or nursing school graduate did not even attempt to seek legal counseling or advise in regards to their particular situation whether it was disciplinary action (probation, suspension, or practice restrictions) in another state or the impact of criminal convictions. Two of the appearances (both nurses seeking licensure via endorsement) obviously didn't have a clue as to the impact of Board of Nursing action against a license in the state where you endorsing from. Several nurses had previously signed legal documents (Consent Agreements, Agreed Orders, etc.) allowing action against their license without understanding the implications of the legal documents.
Even if you decide not to formally retain an attorney to represent you, at least consider scheduling a legal consultation with an attorney to review the facts and circumstances surrounding YOUR situation. You can't obtain this type of advice from collegues or online nursing chat rooms. You want legal advice from an attorney with experience in nursing licensure matters. Have an attorney review ANY legal document that pertains to your nursing practice before you sign it whether its an employment contract, Consent Agreement, Agreed Order, etc.
As nurses we must start protecting ourselves and that includes knowing when to seek a legal consultation or assistance in a licensure matter. Your license is your livelihood and its YOUR job, role, and obligation to protect yourself. To find a nurse attorney in your area, see www.taana.org, the website for The American Association of Nurse Attorneys (TAANA).
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