Nursing Law & Order

I Didn't Think the Nursing Board Would Revoke My License for THIS!

The Nursing Board has the authority to permanently revoke a license.

This is only the 7th month of the year and I have heard this from 4 nurses. I didn't think the Nursing Board would revoke my license for this!

Don't flame me for this remark but there is a tendency in licensure matters for nurses to downplay and downgrade their situation and the substance of the Nursing Board Complaint.

"I did this, but as least I am not one of those nurses stealing drugs"

"This is nothing compared to the nurse who slapped the patient last year"

"I can't believe the Board is coming after me when the nurses upstairs adminster medications without orders"

"This is silly that I am being investigated when I know nurses who snort cocaine and smoke marijuana on the regular"

Its human to downplay our problems. Its a coping mechanism. Talk to a licensure defense attorney in your state if you are being investigated by the Nursing Board.

Why Didn't I Learn About This in Nursing School?

I met with a nurse last week who was upset about her Nursing Board case. Her license has been permanently revoked. She retained an attorney who told her he understood nursing issues when in fact this was the attorney's first Nursing Board matter.

The nurse remarked that she didn't learn much about legal issues in nursing school.

What about you? Did you receive a well-rounded education in nursing school about the law, legalities, and legal issues in nursing?

I remember a catch all ethics course that included a discussion on the Nurse Practice Act.

Ohio Nurses Association Open Meeting for Members Regarding Dues Structure

Open Meeting for All ONA Members to be held on Saturday, August 9 at 1:00 pm at ONA Headquarters, 4000 East Main Street, Columbus, OH 43213.

Agenda: The first 7 months implementation of new dues structure.

Please RSVP to Nancy Johnson at [email protected] or 614-462-1034 by 12 noon on Friday August 8.

See ONA's website at www.ohnurses.org.

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I See Why Nurses Represent Themselves

This was a busy week for me with inquires about representation.

I had a nurse say to me after I quoted him a flat fee for representation "I've spoke with three attorneys about representing me before the Board. The fees are too high and I see why nurses represent themselves in these cases." See this article/CE. http://www.wildirismedicaleducation.com/courses/147/index_nceu.html

My response was that is your choice. You as a professional have to decide whether to represent yourself or retain an attorney to represent you in a Nursing Board investigation.

Flip a coin, heads you represent yourself and tails you retain a licensure defense attorney. Maybe that is the better way to decide.

Short Staffing is a Facility Issue

Short staffing is a facility issue that directly impacts your nursing practice. If you are going to work everyday its the same thing call offs, floating, playing musical chairs with patients and residents, you have to ask yourself is this a healthy environment?

I am not saying you should quit on Monday, but you are a professional. Evaluate your options. How can you better manage your nursing practice and your sanity and still make the money you need? Maybe transfer to a less acute and better staffed unit. Maybe go from a .9 to a .5 and work part-time as a agency nurse. Do what you need to do to protect your nursing license, your nursing practice, your income, and your sanity.

There is nothing wrong with standing strong and fighting a good fight, just remember why you are fighting and what you stand to lose and gain when the fight escalates to a war.

Positive Drug Screen and You Don't Have a Script!

I was contacted this week by a nurse who tested positive for a medication and he doesn't have a prescription for the medication.

His employer is investigation and told him the employer is required by law to report this information to the Nursing Board.

What are the issues here?

UAN Hires a New Executive Director: Walter Frederickson, RN

See http://www.uannurse.org/media/press.html?view=press_release&press_id=363&year=2008.

FOR IMMEDIATE RELEASE: July 22nd 2008
CONTACT:
Suzanne Martin, 240-821-1825

UAN Welcomes Frederickson as Executive Director

Silver Spring, MD – Executive Council members of the United American Nurses, AFL-CIO, announced today the appointment of Walter Frederickson, RN, to the position of executive director of the UAN.

“We are very fortunate to have gained someone not only with Walt’s organizational experience and knowledge of UAN’s history, but also his strong labor and nursing background,” said UAN President Ann Converso, RN. “I believe he will be a tremendous asset as we look to grow our union and improve conditions for nurses and their patients.”

An RN for more than 30 years, Frederickson comes to the UAN from the Minnesota Nurses Association, UAN’s largest affiliate with 20,000 members. He previously was a member of UAN’s Continuing Advisory Committee to the Executive Council and served as a UAN director-at-large on the UAN Executive Council from 1999-2001.

In his twelve years with MNA, Frederickson held many positions, from organizer to director of labor relations to executive director. He currently serves on the Minnesota State AFL-CIO Board of Directors, as a trustee of the Minneapolis Central Labor Union Council, AFL-CIO, and as a trustee on the Minneapolis Regional Labor Federation, AFL-CIO.

“Walt has dedicated his professional life to working with union nurses and shares our vision for organizing staff nurses around the country who don’t yet enjoy the benefits of union membership,” added Converso. “We have seen the good work he has done to strengthen MNA/UAN members in Minnesota, and I look forward to working with him to build on that success at the national level.”

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The United American Nurses, AFL-CIO, is the only national nurses union by and for RNs, representing thousands of registered nurses and including state nurses association or collective bargaining program affiliates from coast to coast.

NCLEX Applicants and the Nursing Board Application for Licensure by Examination

I spoke with a NCLEX applicant this week who failed to disclose a criminal conviction on the Nursing Board Application for Licensure by Examination.

If you have questions about a Nursing Board Application for Licensure, contact the Nursing Board for information.

Contact your State Nurses Association.

Contact a licensure defense attorney.

Do not rely on the advice and information provided by your friends and family. It may be inaccurate. Don't rely on the advice provided by your nursing instructors and professors. It may be inaccurate.

Don't just complete the application, cross your fingers, and hope for the best.

Contact the Nursing Board, your State Nurses Association, or a licensure defense attorney.

Nursing Students, Criminal Convictions, and Clinical Sites

I am glad to see that more and more nursing students and future nursing students are researching their options before applying to nursing school when the nursing student has criminal convictions.

A nursing student to be (Jane) informed that her friend (Sally) has an assault conviction and was admitted into nursing school however a pediatric hospital would not allow her to do clinicals at the hospital because of the assault conviction.

Jane is concerned. Jane has several misdemeanor convictions some more than 5 years old. One is for assault and one is for possession of marijuana. Jane wanted to know will her criminal convictions impact her ability to enter nursing school, her ability to complete clinical rotations, and her ability to obtain a license. All perfectly legitimate questions and concerns.

Have you been admitted into nursing school, fully disclosed your criminal convictions, but you are having problems with clinicals?

Your Nursing Board Monitoring Agent is Not Your Friend; Its a Professional Relationship

I spoke with a nurse this weekend. She is on probation with a Nursing Board for practice issues. The nurse was upset because she didn't understand why the Nursing Board staff were so "cut and dry" and wanted "just the facts" when she contacted the Board. She remarked "we are all nurses and we have to have common interests and concerns." She asked her monitoring agent personal questions like how many kids do you have, how long have you been a nurse, etc. The Nursing Board monitoring agent became defensive and clarified the nature of the relationship between the nurse and monitoring agent.

We are all nurses whether you are a staff nurse, nurse educator, nurse regulatory, nurse attorney, nurse manager, etc. Whenever I meet someone who is a nurse, I feel there is an instant connection because we are nurses.

I reminded the nurse that Nursing Board staff have a job to do and function in accordance with a position description. When you are being monitored by the Nursing Board you have a professional relationship with the Board staff. There should be boundaries in this relationship just like in the nurse-patient relationship.

Making nice and establishing a personal relationship with every nurse who is being monitored by the Board would without a doubt cloud the professional relationship and make it more difficult for the Nursing Board staff to do their job. Don't take offense because the person is just "doing their job" because you too need to be doing your job and doing what is necessary to complete the probation.

Ohio Democratic Women's Caucus: Events in Cincinnati, Ohio

I received this yesterday if any fellow Democratic nurses in the Greater Cincinnati, Ohio area are interested.

Download women4change081.pdf

Ohio Board of Nursing Meeting Yesterday and $100.00

I drive a boat (its a Yukon Denali) and its costs me $100.00 to drive and from Columbus, Ohio from Cincinnati, Ohio with the escalating gas prices. However I like to attend the Ohio Board of Nursing Meetings. I attend at least one day out of two to obtain an update on my active cases from the Board attorney, observe the Board of Nursing Meeting, and catch up with colleagues like Jan Lanier with the Ohio Nurses Association (www.ohnurses.org), Wynne Simpkins with RWS Education (www.rwseducation.com) and Pam Dickerson with PRN Education (www.prnce.com).

The first day of the Ohio Board of Nursing meeting is always on the same day as the Indiana Board of Nursing meeting so I have to pick one. I will be at the Kentucky Board of Nursing office one day next week ($100.00) and one day the following week ($100.00). I also have to drive to Columbus, Ohio sometime this month again for a meeting with Ohio Board of Nursing staff regarding one of client's who is on probation ($100.00).

Its cost me about $100.00 in gas to drive from Cincinnati, Ohio to Louisville, Kentucky. The same to drive from Cincinnati, Ohio to Indianapolis, Indiana for the Indiana Board of Nursing meetings. I am not complaining because living in Cincinnati, Ohio facilitates a tri-state legal practice for me. And don't tell me to downsize to a smaller vehicle because I do alot of highway driving and I don't want to be swept off the road by a semi and I don't want to turn the AC off to pass another vehicle.

I would suggest that you attend your state board of nursing meeting at least once a year. Its informative and I am sure you will learn something that you didn't know about the regulation of nursing practice in your state. Hopefully attending a Boarde of Nursing meeting will not cost you $100.00 in gas!

If You are a Nurse in a Nursing Home: Be Careful! STNAs may be out to get you

Do you work in a nursing home or assisted living as a nurse? If so I am sure you work with CNAs, STNAS, and other nursing assistants.

Be Careful! I have spoke with four nurses this year (two in the last month and half) who disciplined (informally) STNAs or who were perceived as "being hard" on STNAs by encouraging the STNAs "do to their job" and all 4 nurses have been accused of patient abuse or neglect by the STNAs later down the road.

Guess what? STNAs for the most part are not licensed by the State Board of Nursing and even if they are licensed, STNAS and CNAs do not have "as much to lose" as a nurse who is terminated, reported to the State Department of Health or another agency and investigated, and also reported to the State Board of Nursing or Attorney General's office and investigated.

Why don't DONs and ADONs and Administrator give nurses the benefit of doubt in these types of matters and internal investigations? I mean at-will employment is one thing, but what happened to treating a fellow colleague with respect and fairness? Is it too much to ask to be treated fairly if you are a nurse and you work in long-term care?

 I don't know but if you are a nurse and you work in a nursing home you know the politics and the complaining that is involved in a typical day of work. Protect yourself and your license. If the environment is too toxic, go per diem and find employment elsewhere or consider working part-time at the nursing home and part-time elsewhere.

Don't sweat the small stuff because as a nurse you can find a position anywhere! You are not licensed by the facility and you have employment options that CNAs and STNAs don't have and will never have.

Don't become so attached to a facility and the residents that you can't see that it is time to move on until its too late. I know you love the residents but you should love your unrestricted nursing license, your livelihood, and yourself even more.

Consensus Model for APRN Regulation

http://www.indiananurses.org/pdf_files/071208_APRN_JointDialogueReport.pdf

Let me know what you think.

Requesting a Hearing before the State Board of Nursing

If you receive correspondence from the State Board of Nursing stating you have __days to request a hearing, don't try to compute the time period and figure out the last day to file your request for a hearing. Request a hearing asap.

It is _days from receipt of the letter or from the date on the letter? Does it have to be mailed to the Board of Nursing in __days or does it have to be received by the Board of Nursing within __days?

This is just common sense, not legal advice.

You may not count the days correctly or compute the time period accurately and thereby forego your right to a hearing.

1. If you receive a correspondence from the State Board of Nursing about an investigation, consider contacting a licensure defense attorney. You can represent, counsel, and advise yourself or you can hire an attorney to represent, counsel, and advise you.

2. If you receive correspondence from the State Board of Nursing about requesting a hearing and formal charges being filed against your license, contact a licensure defense attorney immediately. You can represent, counsel, and advise yourself or you can hire an attorney to represent, counsel, and advise you.

If I Hear "I only signed the Nursing Board Agreement because I didn't have a choice" Again

In a democratic society, you always have a choice. You may not like your options and choices but you have a choice. Wars have been fought and blood has been shed so that we as Americans have a choice in deciding how we live, work, raise our children, vote, etc.

If I had $19.99 for every time a nurse told me this I could afford to send my five dogs to therapy with a expensive shrink.

"I only signed the Nursing Board Agreement because I didn't have a choice"

Last time I checked, State Boards of Nursing are regulatory agencies of a State and are required to afford licensees with procedural due process before "taking action" against a license. You have choices in a Board of Nursing investigation whether or not you know you have rights, choices, and options. You have options although depending how far along in the process you are, you may not like your options and choices. But you still have a choice, rights, and options.

You also have a choice to determine whether or not you want to be informed of what your options are before you sign a document that impacts the remainder of your nursing career. Its your decision whether you decide to contact a licensure defense attorney or sign an agreement offered by the Board of Nursing to resolve your complaint. Its your choice whether or not you proceed to a hearing. Its your choice whether or not you speak with a Board of Nursing investigator. Its your choice whether or not you submit a formal response to the Complaint. Its your choice whether or not you agree to an investigative meeting to further discuss the complaint with an investigator.

Do you know what your rights, options, and choices are in a Nursing Board investigation?

Should you know what your rights, options, and choices are in a Nursing Board investigation?

What do you do if you don't know what your rights, options, and choices are in a Nursing Board investigation?

Registered Nurse Association (RNA) and a Group of Very Concerned Ohio Nurses Association Members

My new scanner was delivered yesterday. As promised attached are the documents I have received related to the RNA concerns with ONA and the concerns of a Group of Very Concerned ONA Members.

I don't know who is sending the correspondence as the "Group of Very Concerned ONA Members" are not identified. I don't think the correspondence is being mailed to all ONA members. I do know that although I too am a concerned ONA member, I am not part of the Group of Very Concerned ONA Members referenced in these mailings to Gingy Harshey-Meade, CEO of ONA, the ONA Board of Directors, and the Economic & General Welfare Commission.

Also attached is correspondence from one of ONAs largest bargaining units, the Registered Nurse Association (RNA) at University Hospital (Cincinnati) that I received in addition to the correspondence from the "Group of Very Concerned ONA Members."

Download ONAblogdocuments.pdf

Download ONAblogdocument2.pdf

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Ohio Case involving a Pharmacist, Office of Inspector General and Intervention in Lieu of Conviction

See this recent case. http://www.hhs.gov/dab/decisions/CR1752.pdf.

In my opinion, the cards are unfairly stacked against licensed healthcare professionals with a chemical dependence who steal drugs.

You are terminated from your employment, you are criminally prosecuted, you have your license suspended, and you may be unable to work for 5 years in any facility receiving federal and state funds for healthcare. The OIG exclusion is expansive.

There is a reason why some licensed healthcare professionals opt to say "Welcome to Walmart" or proceed in another employment direction all together rather than the jump the hoops and do the "song and dance" imposed on licensed healthcare professionals with a chemical dependency.

Full Day Seminar on Chemical Dependency in Nursing: Now That's What I am Talking About!

I am planning to attend this conference. Hats off to the Indiana State Nurses Association and its Alternative Program for Chemical Dependency (ISNAP) for its annual conference focused on chemically dependent nurses and recovery.

See http://www.indiananurses.org/events/2008%20ISNAP%20agenda.pdf

Give me a full day conference with meaty topics (although I am a veggie) and I will drive an two hours and pay a hundred dollars with no problem. Where do I send the check?

Ohio Board of Nursing Action Against a License is Available on the Internet

If you are an Ohio nurse and action is taken against your license with the Ohio Board of Nursing the "Board of Nursing Action against your license"  (the actual Consent Agreement or Board Order) can be or will be in the future accessible online via the State of Ohio license verification website. See https://license.ohio.gov/lookup/default.asp?division=86.