Nursing Law & Order

Nursing Spectrum's Digital Magazine: This is the future of nursing publications

See http://www.nxtbook.com/nxtbooks/gannetthg/nursingspectrum_200907/#/0.

Online nursing journals and digital magazines are the future and it is good to see that Nursing Spectrum is taking the lead on this in nursing. I lke the format and the feel of this digital magazine and it can be stored electronically and accessed easily for future reference.

The future of nursing publications is online and its unfortunate that some many journals are still cranking out the hard copies of magazines and journals.

Frankly I don't have the urge to write and publish like I used to years ago because the internet and blogs have changed the playing field for a hands on practitioner such as myself. While it nice to see your name in print in a publication that maybe a few thousand may read, its even better for branding, marketing, and advertising purposes to have your materials available and accessible to ANY nurse on the internet.

Don't get me wrong there is a time and place for publishing for nurses depending on your title, experience, education, goals, and career plan. But for me, publication of an article here and there in a nursing journal is okay and being a Blog Master is my golden ticket to accessing potential clients and providing information ALL nurses who access my sites.

Kentucky Board of Nursing: I just received an Order for a Chemical Dependency Evaluation

If you received an Order for a Chemical Dependency evaluation from the Kentucky Board of Nursing, chances are you have already received and been notified of a pending complaint against your license with the Kentucky Nursing Board.

Contact a nurse license defense attorney or an administrative law attorney licensed to practice law in Kentucky with experience handling Kentucky Nursing Board cases. I represent nurses before the Kentucky Nursing Board. See www.nursing-jurisprudence.com.

You can't just ignore or blow off an Order for a Chemical Dependency Evaluation. You can also contact Maureen Keenan, the Executive Director of the Kentucky Nurses Association for information and general assistance. 

Kentucky Board of Nursing Complaint and You Have 15 days to Respond: Don't Go Willy Nilly

I received a phone call from a nurse this week who received notice of a complaint from the Kentucky Board of Nursing. Its on and popping in Commonwealth of Kentucky (and not just because of the possibility of casino gambling) because I have received several phone inquiries in the last two weeks from nurses in Kentucky with pending complaints.

The nurse wrote out a 36 page response (I am not kidding and this was the first red flag) to the Complaint and asked me if I would review the response. I informed the nurse that she/he could schedule a legal consultation with me and I could review the response and provide suggestions on the response after reviewing the complaint. I also informed the nurse that I was available to represent him/her before the Nursing Board.

Most nurses even in these tight economic times refuse to purchase professional liability insurance with a license defense benefit. Therefore whenever a complaint is filed with the State Nursing Board, if you want attorney involvement, you have to pay out of pocket for legal fees.

The nurse became upset because she/he was told to hire me by another nurse (thank you for referral) however the nurse has money to pay for my services, but wants to negotiate my fee or if I am willing to barter my services because the spouse of the nurse does website/blog design. Second red flag.

I am sorry that I cannot handle pro bono cases because we have a mortgage (actually two mortgage including our rental property) and bills just like everyone else. I really feel bad for some of the nurses who contact my office and who need legal assistance because as a license defense attorney, I know what is involved.

Maybe you can borrow the money, tap into your 401K or 403B. I had someone tell me jokingly several weeks ago in another matter that she was going to retain me even if she had to rob a bank. She then said she was just kidding and I am glad she did because I was going to have to contact State Bar Association ethics hotline to determine how to handle a prospective client who is threatening to commit an illegal act to retain my services. You can't tell an attorney you are planning to commit an illegal or criminal act in the future; we are officers of the court and we have codes of professional conduct and ethical canons, you know.

Okay now what? If a complaint is filed against your license with the Kentucky Nursing Board and you have 15 days to respond you can:

1. Retain a license defense attorney;

2. Seek assistance from a colleague to formulate your response, which is what I am told lots of nurses do anyway. I think this is a scope of practice issues but that's just me.

I was actually contacted by a nurse in Kentucky who was issue spotting for another another nurse involved in a Nursing Board complaint. WTF, do you think as a license defense attorney I am going to assist you in the unauthorized practice of law and practicing outside of the nursing scope of practice. This nurse also told me that she is very successful in drafting these responses and has had several cases closed.

Damn, I guess I didn't need my law degree to do this type of work after all;

3. You can draft your own response and submit all 36 pages of your response to the Board;

4. You can not respond;  or

5. You can consult with an attorney before submitting your response and seek limited legal counseling.

See www.nursing-jurisprudence.com for information about my law practice if you are involved in a matter before the Kentucky Nursing Board.

You are a professional and you can do anything of the above.

I can't tell you what to do however I would not advise you to contact a license defense attorney and/or the Board, swear and curse at the Board staff and/or the attorney about the complaint being filed, state you are going to sue everyone and their momma in the Nursing Board office including Board members for defamation and libel, and/or how you are NOT going take this anymore. http://www.youtube.com/watch?v=wJX1fEINRvs 

Don't do this to a license defense attorney; the attorney may not want to work with you. Imagine that? Third red flag, the nurse started yelling at me.

I just calmed the person down  and said I am unavailable and referred the nurse to the State Bar Association. I woudn't dare refer this type of prospective client to another license defense attorney.

If you don't know how to talk to me or my staff, then don't call my office or have someone else call for you. I am here to help you. Years of experience however has taught me to avoid some cases and prospective clients like a bride trying to avoid sweets and Pepsi days before her wedding. Yes, that's me baby!!!! 

Can you tell a nurse contacted my office really out of control this week?

Sometime I feel as if I am a criminal defense attorney or a family law attorney because emotions run high also in license defense cases; you are walking a tight rope without a net sometimes in these cases.

The Nursing Board deals with all types and personalities with nurses being investigated and the Boards are extremely cautious and rightfully so in these matters. You don't want to go there with the Nursing Board by losing your cool, making threats or what could be perceived to be threats, and going all willy nilly.

Again, if you cannot maintain your composure or objectivity in a Nursing Board matter, hire an attorney. If you cannot maintain your composure long enough for the Law Office of LaTonia Denise Wright, LLC to assist you, please do the following:

A. Move on to the next license defense attorney on your list; 

B. Don't contact the Law Office of LaTonia Denise Wright, LLC ever again in your natural life; and 

C. Take a chill pill; you are going to stroke out before the Nursing Board investigative process unfolds at the rate you are going.

Go LaTonia, its your birthday and your blog is listed on the Top 50 Blogs for Nurse Practitioners

From 50 Cent of course. Don't click on the link unless you handle the language. http://www.youtube.com/watch?v=mZ72C3tjoPY

Happy Birthday to Me. I turned 38 y/o's old today and I am getting too damn close to 40 for my own liking. I remember turning 30 and thinking the world was ending because I could no longer say I was in my twenties. My son is dealing with this himself as he will be 20 this year and will not longer be in his "teens." Don't frown.

What a treat I received this morning already. I was notified this blog, Nursing Law & Order is No. 27 on the Top 50 blogs for Nurse Practitioners and is listed under Nurse Industry Goodies. http://www.youtube.com/watch?v=teB9twb5su4

The Top 50 blogs for Nurse Practitioners notes that Nursing Law and Order "focuses on the legal aspects of nursing, this site offers concise updates that are ideal for reading over breakfast before beginning your day." http://onlinenursepractitionerschools.com/?page_id=17

Now that's what I am talking about, eat your oatmeal, drink your coffee or Pepsi, and kick the day of with me on Nursing Law & Order!

Ohio Medicaid Waiver Program-OHPCAN Alert

July 02, 2009   Help Save Ohio's Waiver Programs   While state programs adjust to the 70% funding levels of the 7-day interim budget, lawmakers turn their attention back to figuring out where they can find dollars to fill the $3 billion hole in the biennial budget. Waiver programs, considered optional under Medicaid, are being eyed as possible sources of revenue.  You heard that right-legislators are looking heave the budget burden onto the shoulders of Ohio's disabled and elderly citizens. CALL YOUR LEGISLATOR TODAY AND TELL HIM/HER  THAT WAIVER PROGRAMS, LIKE PASSPORT AND THE OHIO HOMECARE PROGRAM, ARE VITAL TO THE HEALTH OF VULNERABLE OHIOANS. Mention that: ·         Home care has been shown to save tens of thousands of dollars annually per beneficiary, since home care costs only a fraction of what facility-based care costs. ·         People will still seek care if they do not receive supportive services, but they will seek it in costlier settings. This will result in higher rates of hospitalizations, increased enrollment in costlier settings such as nursing facilities, and increased reliance on already-strained informal caregivers. ·         The Ohioans most likely to be hurt by cuts to waiver programs are the most vulnerable Ohioans: those suffering chronic debilitating disease or those coping with long-term disability. Your patients need you right now to be their advocate. Call your state Representative and Senator TODAY to tell them how important waiver programs are to the most vulnerable Ohioans.  You can find your legislators' phone numbers by visiting  http://www.legislature.state.oh.us/ and using the "Locating Legislators" tool for your home address. Please call them rather than writing or emailing.   It is the only way to guarantee your message is heard by a real person who can communicate the importance of hospice to your legislator. It is particularly important if your Representative or Senator is one of the Conference Committee members, since they will have the most direct impact on the budget negotiations. Conference Committee members are: Governor Ted Strickland                614-466-3555  Senator John Carey                        614-466-8156  Senator Dale Miller                        614-466-5123  Senator Mark Wagoner                  614-466-8060  Senator Tom Niehaus                     614-466-8082  Representative Vernon Sykes        614-466-3100  Representative Ron Amstutz         614-466-1474  Representative Jay Goyal              614-466-5802  Representative Linda Bolan          614-466-8022 On behalf of the Ohio Home, Hospice & Palliative Care Advocacy Network, thank you in advance for your commitment and advocacy for those Ohioans facing serious illness.  Please contact Susan Wallace, Public Policy Coordinator by emailing [email protected] if you encounter any difficulties, or if you need additional information or support.  ©2009 Ohio Hospice & Palliative Care Organization Ohio Home Care Organization 555 Metro Place North, Suite 650 :: Dublin, Ohio 43017-1375 (614) 763-0036 :: 1-800-776-9513 :: fax (614) 763-0050

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OH RNs and License Renewal: Don't Panic as You still have Time

This is an email sent out to those subscribed to Ohio Nursing Board alerts:

News 06/30/2009 Online Renewal Availability Update

We have been notified that on-line renewal for nurses will not be available at this time. The state continues to work toward a resolution of the problems with the system.

 

Due to these problems, the Board will waive the late fees usually imposed in July for this licensure renewal period.

 

We are preparing paper renewal applications and will automatically mail the applications to all nurses who have not completed the renewal process. Your license and/or certificate expiration date is still August 31, 2009. As always, your renewal application must be postmarked by August 31, 2009 or your license and/or certificate will lapse.

 

Please do not contact the Board to request a renewal application, as we are dedicating all staff resources to expedite this special renewal application mailing.

 

When the Board has additional information about the status of on-line renewal and the timeframe of the mailing, we will post the information on this web site.

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Don't forget to renew your RN license, Certificate of Authority (COA), and Certificate to Prescribe (CTP).

Jack is Back! I am pleased to have Jack Stem, a colleague and a friend assisting me

I love Jack. He is such a good guy and we have worked over the last year on several projects.

I am referring to Jack Stem, of course. See http://www.peeradvocacyforimpairednurses.com/. See also http://www.selfgrowth.com/experts/jack_stem.html.

I have planned for more than a year or so to bring a nurse on board in some capacity to assist me with my law practice because I have more and more cases involving DUI/OVI/DWI, alcohol abuse, addiction, criminal convictions where drugs and/or alcohol is involved, controlled substances, dual diagnosis, prescription falsification, etc. 

I just needed to find the right person and I have found the right person to assist me in my law practice.

Chemical dependency and addiction cases with nurses are complicated and the licensure aspects can take years to resolve. These cases are not cut and dry; but maybe that's just my law practice....

Jack is in recovery as a former CRNA in Ohio. He works with the Ohio Association of Nurse Anesthetists Peer Assistance program and is "all over and on top of" addiction and dependency issues in nursing especially in the Ohio, Kentucky, and Indiana tristate area.

Jack is a recovery coach and provides services to nurses in his companies as well. Jack and I are co-presenting a series of CE events for nurses also this year.

Jack is coming on board as an independent contractor to assist me in my law practice starting in July. He will be assisting me with my clients who are in recovery as we wind through the disciplinary investigation, adjudication or settlement, post-discipline monitoring, reinstatement/monitoring, and/or State Nursing Board alternative program process.

Thank you again, Jack for all that you do and I am looking forward to working with you yet again and welcome aboard.

Jack Stem, CEO 

Peer Advocacy for Impaired Nurses, LLC

http://www.peeradvocacyforimpairednurses.com

Cincinnati, Ohio 45230

513-833-4584

[email protected]