Nursing Law & Order

Let the Litigation Begin!

Thank you Pat Kane, a fellow RN and member of the New York State Nurses Association for this information. Three New York nurses filed a lawsuit against the New York State Nurses Association in federal court. See http://www.nysun.com/article/69954?page_no=4. The lawsuit was filed in Federal District court in NYC on Jan 10, 2008. 

According to the article, Patricia Leo Holloman, Lorna Samuels, and Judy Sheridan-Gonzalez claim that the New York State Nurses Association has prevented them from taking part in membership activities because the nurses opposed the New York State Nurses Association's disaffiliation from the United American Nurses. In a complaint, the nurses said the union punished them for forming a group that campaigned against the disassociation, called the NYSNA Nurses for Unity. The lawsuit seeks the restoration of their membership and leadership positions within the union.

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The saga continues and surely there will be additional lawsuits filed in the future regarding the ANA, UAN, and Ohio, Oregon, Washington, and New York Nurses Association debacle. Litigation serves many purposes in our society and I hope what emerges is a stronger and more united nursing profession.

What do you think? Are we moving closer to a more unified profession or are we as nurses more divided and polarized than ever before?

State Nursing Associations-UNA-ANA

I found this post today on the Union Democracy Review regarding the UAN, ANA, and the four state nursing associations (Ohio, New York, Oregon, and Washington) that withdrew from the United American Nurses.

See http://www.uniondemocracy.org/UDR/161-Four_state_nurses_associations_quit_AFL-CIO_union.htm.

I am Special Agent.....

You just finished working 5 twelve hour shifts from 7pm to 7am and you are really exhausted. You sleep until 4pm that evening and jump up refreshed thinking of all the plans you have made for the next 6 days. That's right you have 6 days off from work and you have been looking forward to this.

The door bell rings and you answer the door. Its Special Agent A from State B Attorney General's office. Special Agent A wants to speak you regarding Situation C that occurred when you worked for Nursing Employer D.

What do you do? I don't know what YOU would do but I will tell you how the majority of nurses who contact my office handle this particular scenario.

1. Nurse E invites the Special Agent A into his and her room and agrees to be interviewed.

2. Nurse E agrees to be interviewed and also provides a written statement. Nurse E does not request or receive a copy of this written statement.

3. Nurse E does not inquire about the particulars surrounding the investigation. What is a special agent? What are you investigating? Am I the subject of the investigation? Is this a criminal investigation? Has a complaint been filed against with the State Board of Nursing? Will a complaint be filed against me?

4. Nurse E does not realize the implications of the meeting. Attorney General Office investigations can be administrative and/or criminal. The information provided at the meeting may be filed with the State of F Board of Nursing. Nurse E make incriminating statements (both verbally and in writing) that will most certainly be used against her in the future.

So the next time someone appears at your workplace or home and says I am Special Agent A, I am Investigator G, or I am Detective H; think before you speak. Think about your job, your license, your career, your freedom, and your family (and not necessarily in that particular order) before you speak. You are a licensed professional.

Oh and by the way, you may want to consider invoking your right to counsel, i.e., I'd be happy to meet with you regarding this situation however I need to speak with my attorney, "I" first.

Trust Your Instincts

I received a frantic call over the weekend from a nurse. The nurse was being asked to violate the Nurse Practice Act and Board of Nursing regulations.

As a nurse you should always trust your instincts and practice in accordance with the law and rules. Don't take a shortcut that doesn't feel right to you. You are accountable for your actions and its your nursing license.

Big Brother Nursing Employers: Potential Misuse of RFID Devices

The January 2008 edition of the ABA Journal, the official journal of the American Bar Association, quotes Rachel Minter, a solo practitioner in New York City who represents employees and unions. Minter stated she has fielded questios from nursing union members regarding a hospital's use of identification badges embedded with RFID (radio frequency identification).

According to Minter, Hospital management justified RFID as a way to find nurses without using noisy intercom systems. The Nursing union argues it amounts to an invasion of privacy for the nurses because mangement is able to track the every move of a nurse at the hospital.

Minter pondered "Do you have a reasonable expectation of privacy if you are a nurse going from room to room?" Your supervisor could follow you into patient rooms/ But what about following you in the break room?"

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What's your opinion? Language in a collective bargaining agreement stipulating the parameters of use of said data and excluding the use of any data gathered by the RFID in workplace investigations and disciplinary action of nurses would be a start.

For nurses who work in non-collective bargaining settings, which happens to be the largest percentage of RNs and LPNs in the United States, the options are limited in this area.

Safeguarding Your License: Dodging Legal Minefields

I may be coming to area near you soon! I am presenting a 6.0 contact hour course for Cross Country Education. The title is Safegaurding your License: How to Avoid Legal Minefields in Nursing Practice. See the attached brochure. Download cceseminarbrochuremarch08.pdf

Schaumburg, IL- March 11

Bloomington, IL- March 12

Chicago, IL- March 13

Madison, WI- March 25

Appleton, WI- March 26

Milwaukee, WI- March 27

Regional Forensic Conference in Cincinnati, Ohio

What: Regional Forensic Council's 4th Annual Educational Conference

When: Thursday, March 13, 2008

Where: Cincinnati, Ohio

See the attached brochure for additional information. Download RegionallForensicCouncil2008.pdf

CNA Speaks Out Against OHA-Supported Nurse Staffing Bill

Four nurses from the California Nurses Association and the NNOC (National Nurses Organizing Committee) spoke appeared before a legislative panel, slamming OHA, Ohio hospitals’ commitment to patient safety and an OHA-supported bill requiring hospitals to ensure a voice for direct care nurses when establishing staffing plans. See http://www.ohanet.org/healthenews/default.asp#Wednesday. 

ANA Terminating its Affiliation with the Center and the UAN

Its official, the American Nurses Association is terminating its affiliation agreements with the Center for American Nurses and the United American Nurses.

An email on behalf of the President and the CEO of American Nurses Association to the members of its House of Delegates today. I am a ANA-Delegate from the Ohio Nurses Association. The ANA House of Delegates will be hot this year with debate!

Absent affiliation agreement between ANA and the Center and the UAN, CMAs (state nursing associations) can 1. continue with direct relationships with the Center for American Nurses or the United American Nurses or 2. initiate their own labor and workforce advocacy programs. The CMAs may receive a grant from the ANA and these funds can be used to 1. pay for memberships with the Center and the UAN or 2. initiate state specific labor and workforce advocacy program.

WOW! The majority of RNs don't belong to professional associations or unions. Is this the reason why we as a profession don't support our professional associations?

Change is never easy and some of the changes that we will see coming in the next few years with national and state nursing associations, some will argue should have been made years or decades ago. You can compare and contrast the pull and tug between the federal government and individual state governments with the current issues involving national and state nursing associations/unions.

The demographics of nursing is changing and nursing professional associations should adapt and evolve as the profession does.

Which model do you prefer for professional association goverance? Should it be driven at the national, state, or local level? How do you strike a balance between these three levels with the goal being to advocate for individual nurses and patients in the healthcare system?

Jan Lanier, RN, JD running for Ohio House

Jan Lanier is running for the Ohio House of Representatives, 2nd District serving Delaware County. Jan is a nurse attorney and she is employed by the Ohio Nurses Association and was the director of its health policy department. See www.ohnurses.org. Jan also worked for several years as an executive at the Ohio Board of Nursing. Jan is a member of the American Nurses Association, Ohio Nurses Association, and the Ohio Democratic Nurses Caucus. http://www.ohiodemocraticnurses.org/mambo/

Her website address is www.janlanier.com.

Winning will not be possible without financial support. Jan has an opponent for the March 4th primary. Contributions should be sent to:

Citizens to Elect Jan Lanier, 35 Berkshire Commons Drive, Westerville, OH 43082.

I know funds are tight for most of us after the Holidays however, please consider making a financial contribution to Jan's campaign.

M.S. in Nursing Anyone?

The Greater Cincinnati Health Council is sponsoring an informational session on Becoming a Nurse Educator, Your Second Career. It takes place on February 12, 2008 at the Scarlet Oaks Training Facility in Cincinnati, Ohio. See the attached brochure for additional information and to rsvp. Download Nurseeducatorcvg.pdf

Yours truly is planning to attend. Why? I always wanted to teach a course on nursing regulation and legal issues in nursing at a nursing college or school. I have also planned for sometime to pursue a M.S. in Nursing. Now wanting and planning and actually taking steps to matriculate are distinct matters.

To my knowledge, I am not planning to enroll in graduate school; its just an informational session. If I can earn a M.S. in Nursing without accumulating an additional student loan debt; I would consider it! Wouldn't You?

Nurses are More Likely to Reported to the Board of Nursing, Than Named as A Defendant in a Med Mal Case

Wynne Simpkins,a dear nursing colleague of mine, and I are presenting a seminar sponsored her company, RWS Education, LLC. Wynne is a former Ohio Board of Nursing employee and the former Executive Director of the Licensed Practical Nurse Association of Ohio (LPNAO). See www.lpnao.org.

Ohio Board of Nursing Disciplinary Investigations: Can It Happen to You?

The seminar is scheduled for April 23, 2008 in Cincinnati, Ohio. Registration is limited to the 75 attendees. See the attached brochure for additional information. Download RWSeducationbrochure.pdf

I won't jump up on my soapbox (I am very clumsy and I may just fall again), but all nurses should be familiar with the legal and professional regulation of nursing practice and use those foundations to establish personal guidelines for self-regulation.

Does it surprise you that you as a nurse are more likely to be reported to the state board of nursing at some point in your career than you are to be sued and named as a defendant in a medical malpractice or nursing negligence case?

Why then, is there so much fuss about nursing malpractice and nursing negligence? Why is there an emphasis on negligence and malpractice as opposed to board of nursing disciplinary investigations and licensure matters?

Who can we as nurses blame for our misplaced focus on the potential civil liability, when we are much more likely to be facing administrative liability before a state board of nursing or someother healthcare licensing board than being named and sued for negligence or malpractice?

RN Independent Contractor Needed

Cincinnati, Ohio based law firm focusing on nursing licensure and professional practice matters in Ohio, Kentucky, and Indiana is seeking a RN, BSN (MS preferred) for a very unique home-based part-time position. Work between 5-10 hours week. Must be able to work independently. Occasional travel may be required. Proficient with Word, Adobe, Excel, Powerpoint, Outlook, Publisher and internet-based applications and research.

Clinically diverse nursing background and familiarity with nursing regulation is required. Membership(s) and activity with national, state, local, or specialty nursing professional associations is a plus. Submit salary requirements, one page writing sample, and CV listing publications, speaking engagements, poster presentations, etc. to [email protected] or 11427 Reed Hartman Highway, Suite 205, Cincinnati, Ohio 45241. No phone inquiries.

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I am seeking an RN independent contractor to assist me with project-based work for my firms. If you or someone you know has these qualifications, consider submitting your CV.

Major Changes with the ANA and You Know Change is Never Easy

Below is a message from the ANA regarding the UAN disaffiliation: See http://www.ohnurses.org/displaycommon.cfm?an=1&subarticlenbr=259.

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"As you know, the ANA Board is committed to transparency in all its dealings on behalf of the association's members. To that end, attached are copies of letters ANA has sent to our two major workforce-related Associate Organizational Members (AOMs): United American Nurses (UAN) and the Center for American Nurses (The Center).

These letters make clear that the ANA is poised to explore new and potentially promising business relationships with UAN and The Center.  In taking this action, the Board reaffirms its avid support for and belief in ANA’s diverse membership having the freedom to choose collective bargaining or other approaches to workforce advocacy.

The ANA Board strongly believes the association and Constituent Member Associations (CMAs) would be better served and strengthened if the relationships between the CMAs and the UAN and the CMAs and the Center were made by the state associations, without unneeded references to Associate Organizational Members in ANA’s bylaws, agreements or policies.  Further, the ANA Board has trust and confidence in the CMAs being best positioned to evaluate the value of their relationships with the UAN or the Center. Lastly, further potential bylaw changes regarding our structure have been submitted to the Committee on Bylaws by the board with the desired outcome to strengthen the ANA and CMA’s. 

If you have any questions, please contact me at (301) 628-5011 or ANA CEO Linda J. Stierle, MSN, RN, CNAA,BC, at (301) 628-5012."

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State nursing associations (which may be strictly a state nursing association or a state nursing association and a union) are being given the power and authority to decide what's best for its membership. Major things are happening in nursing professional associations; this promises to be a lively year in nursing yet again! I pondered several posts ago what would 2008 hold for the nursing profession and its unfolding now!

I am an Ohio Nurses Association delegate to the ANA House of Delegates, which takes place in June 2008 in Washington, D.C. I am looking forward to the discussions that will take place at the House this summer regarding the structure of the American Nurses Association.

ANA terminates its affiliation with the UAN

The American Nurses Association is terminating its affiliation agreement with the United American Nurses effective June 30, 2008. See the attached correspondence. Download 01020820uan20letter20.pdf

Four state nurses associations affliated with the ANA disaffiliated from the United American Nurses last month. The Ohio, Washington, New York, and Oregon state nurses association union are no longer affiliated with the UAN. See http://www.uannurse.org/media/hot_issues.html?view=press_release&press_id=302

The American Association of Nurse Attorneys (TAANA) Board of Directors

TAANA Welcomes 2008 Board of Directors

TAANA elected its 2008 Board of Directors. For additional information about TAANA, see its website at www.taana.org. The 2008 officers and board members are:

President	Daneil McAuliffe
President Elect	Rosemary McCarthy
Treasurer	Kathleen McCormac
Recording Secretary	Randi Kopf
Corresponding Secretary	Suzanne Collins
Immediate Past President	Janet Feldkamp
Directors	Tonia Aiken
	Elizabeth Beall
	Edie Brous
	Diane Warlick
	Bridget Neuson
	Lara Engelking

Health Hazards Adding to the Nursing Shortage

An article in the Maryland Community online newspapers at http://www.gazette.net/stories/010208/potonew175412_32381.shtml notes that health hazards are adding to the nursing shortage in Maryland.

Nurses around the nation are getting seriously ill from constant exposure to hazardous chemicals and are forced to quit, according to a new report.....

‘‘It is not that we don’t have enough nurses,” said Nancy Hughes, director of the Center for Occupational and Environmental Health at the American Nurses Association. ‘‘While part of it is that we have too many patients, we know there are a lot of disease-environment exposures to nurses who leave, so it adds to the shortage.”

Maryland hospitals reported a nurse vacancy rate of 13 percent last year, according to the state hospital association, which last month proposed a $59 million program to train more nurses.

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In your opinion, what's really the root cause of the shortage of nurses? Would you encourage your 18 y/o son or daughter to become a nurse?

Managing the Risk of Retirement

Start the year off right and think about your retirement planning. This applies to you regardless of whether you are a student nurse or a seasoned and expert clinician. This article was specifically written by WISER Women for the Center for American Nurses. See the Center's website at www.centerforamericannurses.org.

The article is titled Managing the Risks of Retirement. Download wiserjan08.pdf

Advocacy for Nurses and the Nursing Profession

Please see the attachment that was sent to the Ohio Board of Nursing from a retired nurse. Download NNOCletterOBN.pdf . This document was mailed to the Ohio Board of Nursing and therefore was made available as an attachment to Board Members materials available to the public.

In the November 15, 2006 correspondence addressed to the NNOC/CNA (National Nurse Organizing Committee and California Nurses Association) and copied to the Ohio Board of Nursing, the nurse states:

If nurses have concerns regarding patient staffing ratios, they have a responsibility to work with their employer and ultimately with our existing organization, the Ohio Board of Nursing. That organization has served us well in the past and I'm sure will continue to advocate for and monitor all aspects of the nursing profession.

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Boards of Nursing do not advocate for the nurses and the profession of nursing. Boards of Nursing as state regulatory agencies exist to protect the public from unsafe nursing care. State nursing associations advocate for nurses and the professional practice of nursing. A state board of nursing is not "our" organization; its the state's organization. "Our" organizations are national and state nursing professional associations.

I think there are alot of us who assume that the state board of nursing advocates for and protects nurses. I think this also explains why nurses involved in disciplinary investigations before a state board of nursing don't realize, perceive, or understand that the process is adverserial. 

There are almost 3 million RNs in the United States and less than 150,000 belong to ANA, which is recognized as the national professional association of RNs in the United States. The majority of the 3 million RNs in the United States don't belong to any specialty nursing association either like the Infusion Nurses Society, Emergency Nurses Association, American Association of Critical Care Nurses, Oncology Nurses Society, etc.

Why don't we as a profession of 3 million RNs belong to and support our professional associations?

If you don't like, can't, or absolutely will not support any of the existing national, state, or specialty nursing professional associations out there, start your own professional association and market it to nurses. We need a professional association were all nurses, RNs, LPNs, and Student Nurses feel comfortable joining and perceive value in paying dues.

What would this nursing professional association "look like" in your eyes? How would you market your association? What would its structure be?

HAPPY NEW YEAR!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!