Nursing Law & Order

Action Against Your Nursing Licensure and a Medicare and Medicaid Exclusion

See this case:

http://www.hhs.gov/dab/decisions/CR1615.htm

What do you think? Do you consider this harsh? A second bite at the same apple? Necessary.

What Happens After "Board of Nursing Action" Against Your License?

This has been a very stressful week for me with my nephew being hospitalized for his ASD Repair. His ASD Repair is complicated by his pulmonary hypertension. We were really concerned that he may have to go on Flolan after his surgery. However no Flolan just his usual regimen of Digoxin, Lasix, Vasotec, Viagra, and Tracleer for now. His pulmonary pressure prehospitalization was just as high as his systemic blood pressure. Post-surgery his pulmonary pressure is still running higher than normal but lower than it ever has. We were praying that his pulmonary hypertension was secondary to his ASD and other cardiac defects.....but we are so happy the surgery was successful and that he is recovering.

I had a nurse practitioner contact me this week. She agreed to action against her license and now she can't find a job. I have a consultation scheduled with her this week to discuss her options.

1. Before you "agree" to action against your license, consult with a licensure defense attorney. You want to know what are chances for employment if you agree to action against your license and you want to know what your options are in the licensure matter before you sign a legal document. Talk to a nurse attorney who repesents nurses before the Nursing Board. You want someone who can give you the "skinny" fairly quickly. An attorney who represents nurses should be able to review your Agreement and have a discussion with you about what happens after Board of Nursing action against your license.  

2. Contact your state nurses association or the local chapter of the specialty nurses association. Lots of professional associations offer workplace consultations and counseling services.

Update: My Nephew is Recovering

My nephew is doing well. Thank you for the emails and notes of prayer I received.

His surgery was successful. His ASD was closed and he is recovering.

My Nephew is Having Surgery Today

My 7 y/o nephew is having open heart surgery today at Cincinnati Children's Hospital to repair his Atrial Septal Defect. He also has pulmonary hypertension.

Please keep us in your prayers.

A Group of Very Concerned ONA Members: Please Identify Yourselves

I am a member of the American Nurses Association and the Ohio Nurses Association. Not because I agree with or support 100% what these organizations do but because its the only way that I can remain a delegate of the Center for American Nurses. I won't bore you with the details but if you want to know more read my posts under professional association news and professional association drama.

As a ONA member I have received copies of correspondence ( 3 letters) this month and last month addressed to Gingy Harshey-Meade, CEO of ONA, the ONA Board of Directors and the E&GW Commission. I ordered a new scanner and I will post this correspondence on my blog sometime this month.

The latest piece of correspondence dated June 20th, references the May 16th correspondence. The group is essentially calling for Gingy's resignation as CEO and demanding an accounting of the UAN mobilization fund monies. See http://www.mnnurses.org/index.asp?Type=B_BASIC&SEC={B8180AA1-EB52-42D2-8ADB-BF1F692B4644} for a nice summary of the issues associated with the ANA, UAN, Center, and State Nursing Associations. You can also search "ANA" on www.allnurses.com.

This is addressed to the Group of Very Concerned ONA Members. Please identify  yourselves. Your correspondence would carry alot more weight and credence if it was signed by this Group of Very Concerned ONA Members.

I am a ONA member and I am very concerned about the future of ONA and the need for workforce advocacy efforts and services for nurses here in Ohio. To be frank, oh I have to watch what I say now.....

I am not a party to the group sending the correspondence to the ONA Board, CEO, and EGW however I am willing to identify myself and state my concerns.

Dear, Group of Very Concerned ONA Members, I too am concerned about the future of ONA.

Dear Group of Very Concerned ONA Members, please identify yourselves because who you are and what you have to say is important.

Bermuda Triangle of Nursing Practice: Application of Nursing Law, Ethics, and Professional Practice Standards

This article was published in the Kentucky Nurse, the official publication of the Kentucky Nurses Association.

See the Kentucky Nurse, page 6 of the April, May, June 2008 edition here.

Download kentuckynurseblog.pdf

Do you agree, disagree, or have any comments you would like to share?

What is Missing in Nursing Education?

See this Nursing Education Redesign proposed for the State of California:

http://www.cinhc.org/programs/documents/NERCWP_FINAL.pdf.

What do you think? Do you think changes are needed in nursing education?

Why Do We Like to Play the Victim?

This has been a long week or it seems long anyway.

I spoke with a nurse this week who is having licensure issues with a nursing board. The nurse is upset because of the proposed discipline against her license offered by the state nursing board to resolve a pending complaint.

1. The nurse insisted that she was tricked by the State Nursing Board and never told she could retain an attorney during the investigation. She didn't know there were attorneys who represent nurses before the Nursing Board. She feels victimized and cheated.

Comment: Nurses are educated professionals. As a professional don't depend on anyone to inform you of what your rights are in a particular investigation whether its internally in the workplace, criminal, licensure, etc.

Its your license, do some initial research into your options. Trust your instincts; if your gut is saying "hey I am not comfortable" or "I need to speak with someone" get online, contact your state nurses association, or contact an attorney.

You worked hard for your education and license; work just as hard to keep it! We have to stop playing the victim role, meaning here that we blindly assume and trust that "everyone" whether its nursing management, human resources, law enforcement, regulatory agent, Board investigator, etc. has our "best interest" at heart. Its your job to have your own best interests at heart at all times. Then when things don't go as planned we can say "I didn't know" "no one told me" "how would I know".

Why do we as nurses like to play the victim role? 

Center for American Nurses: Workforce Advocacy for Today's Nurses

I am pleased to announce that I have been retained as a consultant to work with the Center for American Nurses on legal projects. Onward and Forward!!

See the Center's new website at http://www.centerforamericannurses.org.  

Chances are if you are reading this post, that you are a nurse and you are not a member of any nursing professional association.

Howeve I would encourage you to review the Center's website and considering joining the Center for American Nurses.

Oh and its my birthday today. I am 37 years young. http://www.youtube.com/watch?v=UeypOvsY91Q.

Two Ohio LPNs indicted for Allegedly Stealing Pain Medication in a Nursing Home

Imagine my surprise today (not really) when I click on the Cincinnati Enquirer website www.enquirer.com and see the following article about two LPNS indicted for  stealing drugs. These nurses will be facing not only criminal investigations but also Ohio Board of Nursing disciplinary investigations for the allegations.

http://news.cincinnati.com/apps/pbcs.dll/article?AID=/20080701/NEWS0107/307010014

Here is the cut and paste of the article:

Two nurses have been indicted on charges they stole pain medication intended for residents of the retirement community where they worked.

It’s a mean thing to do for mom or grandmom that needs the pain medication,” Warren County Prosecutor Rachel Hutzel said this morning.

The two LPNs, both in their 20s, worked at the Otterbein Lebanon retirement living community, Hutzel said. The alleged incidents occurred in May, and were investigated and reported to authorities by Otterbein staff, the prosecutor said.

The indictments were returned by the county grand jury Monday.

Roxie Adrienne Luff was indicted on five counts of theft of drugs, two counts of possession of dangerous drugs, two counts of aggravated possession of drugs and two counts of illegal processing of drug documents.

Jennifer Faulkner was indicted on three counts of illegal processing of drug documents and three counts of theft of drugs.

Both nurses are accused of entering into Otterbein records that they had given specific doses of pain medication to retirement community residents, Hutzel said.

“In both cases they (the medications) were stolen for personal use” by the nurses, the prosecutor said.

Faulkner is accused of stealing Oxycodone, and Luff is accused of taking Oxycodone and Hydrocodone, Hutzel said.

The two nurses did not know each other and were not aware of what the other was doing, the prosecutor said.

Don Gilmore, president of Otterbein Homes, said the two indicted employees have been fired.

“The system works,” Gilmore said of how the facility’s own internal safeguards uncovered the alleged falsification.

A check of the records showed that certain pain medications were given to specific patients only when the two nurses were on duty, he said.

No retirement community residents actually suffered because of the alleged thefts, Gilmore said.

The medications involved were available to the patients as needed, but not given out on a regular basis, Gilmore said.

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United American Nurses (UAN) press release about the Michigan Nurses Association

See this press release from the UAN President Ann Converso regarding the Michigan Nurses Association's withdrawl from the American Nurses Association.

http://www.uannurse.org/media/press.html?view=press_release&press_id=356&year=2008.

Statement by UAN President on Disaffiliation of the Michigan Nurses Association from the American Nurses Association

Silver Spring, MD – UAN President Ann Converso, RN, today commended the members of the Michigan Nurses Association for their longstanding commitment to staff nurses, the union movement and the important work of the United American Nurses, AFL-CIO:

“In their recent decision to withdraw from the American Nurses Association, the Michigan Nurses Association again demonstrates that their first and foremost priority is to champion the cause of staff nurses. By comparison, actions by the American Nurses Association at their House of Delegates made it clear that staff nurses are an afterthought or even an annoyance on the ANA priority list.

“On behalf of the UAN Executive Council, I salute MNA for taking this courageous stand for staff nurses, our patients and our profession. Despite the decisions by the ANA House to once again relegate staff nurses to second-class citizens within their organization, UAN remains steadfast in our mission to have staff nurses driving our organization—in our fight for safe staffing ratios, safe patient handling legislation, the right to choose a union, organizing unorganized nurses and more. I know we will be successful because we are building on the powerful work undertaken by MNA and other strong UAN Affiliates in their own states.”

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I posted about this mess starting months ago and the crap is hitting the fan now that the ANA House of Delegates is over. This is the reason why the majority of nurses don't join and support the ANA Enterprise unless its mandated.

Common Theme from June 2008: Failing to Appreciate the Adversarial Nature of Nursing Board Investigations

June was a very interesting month as far as law office phone meetings, inquiries and consults.

One common theme was failing to appreciate the adversarial nature of Nursing Board investigations. Common remarks from nurses were:

"I thought the Nursing Board was on my side"

"I didn't know I could hire an attorney"

"I didn't think this was THIS serious"

"I only did what I told to do by the Board and this is where I am"

"I dont' have money to hire an attorney"

"Why should I hire an attorney, I didn't do anything wrong"

"Hiring an attorney, makes me look guilty"

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