Nursing Law & Order

Blogging Nursing Student at a Louisville, Kentucky nursing school Reinstated

See http://www.hollandharthealthcare.com/healthcare/2009/08/vulgar-myspace-bloging-nursing-student-ordered-reinstated-by-federal-court.html.

See also http://blog.ericgoldman.org/archives/2009/08/nursing_student.htm.

See the decision at Download Yodervlouisville[1].

See the complaint at http://www.pageonekentucky.com/wp-content/uploads/2009/03/yodercomplaint.pdf

Don't try this boys and girls and don't try this at home if you are in nursing school because you may not prevail depending on your nursing school's policies and procedures and how the court's interpretation. Also you should assume Big Brother and his Bad Sister are always watching when you twitter or blog.  

See also http://www.abajournal.com/news/medical_students_say_too_much_online_about_patients_and_themselves/

http://jama.ama-assn.org/cgi/content/short/302/12/1309?home

http://www.nydailynews.com/lifestyle/health/2009/09/24/2009-09-24_facebook_twitter_myspace_sites_for_big_mistakes_by_medical_students_ucla_study_f.html

This case brings up a host of issues that I will discuss later next month. Where does patient confidentiality begin and where does the First Amendment stop? Should nursing students blog about clinical experiences?

Is this something that the State Nursing Board can, will, or should consider when reviewing an application for licensure at some point in the future when a nursing student applies for the NCLEX examination in a particular state? 

"Long live the RN, BSN, JD and nurse license defense attorney in CVG who practices in Ohio, Kentucky, and Indiana" because I may have stumbled upon an additional revenue stream of cases here the way nurses and nursing students are blogging and twittering like crazy!!! I just love nursing licensure defense work and what I do for a living:)

Nurse License Compact and State Nursing Board Discipline

Nurses if you reside in a Compact state (https://www.ncsbn.org/nlc.htm) and you are practicing in one or more states other than your home state and a complaint is filed against your license; consider hiring an attorney at the beginning of the investigation. Don't wait until action is taken against your privilege to practice in one state and then reported to your home state (the state where you live).

I know times are hard and it costs money to hire an attorney but its money well spent to have someone advocating on your behalf before the Board and counseling and advising you also. You can hire an attorney at any point (the day before a hearing if necessary) but if you are going to retain someone, hire the attorney at the beginning of the investigation as opposed to the end of the process (before a hearing or after a hearing when you are considering an appeal) for the full benefit of representation, counseling, and advising.

Alot of nurses take a wait and see approach. Well let me represent myself and wait and see whether I can get this resolved on my own without the assistance of an attorney. Sometimes this approach works and sometimes it doesn't. 

As Clint Eastwood says, Do you feel lucky?

If so, then by all means represent yourself. If you are going to represent yourself then do the research and reading necessary to properly represent, counsel, and advise yourself before the State Nursing Board. I would say a mininum of 15-20 hours of research  and literature review. Please don't email me and ask me what should you review because I am going to have my assistant contact you about scheduling a consultation.

There is a tendency in these cases to minimize the seriousness of the complaint (because its you), exclaim "I didn't do ANYTHING wrong (because its you), to underestimate the adversarial nature of these cases (because its you), and to say "its the Nursing Board, I am a nurse, they are nurses", how bad can this really be? The legal regulation of nursing practice is no laughing matter.

This is a risk of practicing in a Compact State, you may have to defend yourself in a disciplinary investigation in a remote state and later in your home state. Its not a fault of the Compact because the same would be true if you had a license via endorsement in multiple states; once Nursing Board A takes action against your license, other states where you are licensed, like State Nursing Board B and C will be notified at some point. 

If you are a nurse and you are practicing in the Nurse License Compact in more than one Compact state, you needed your own professional liability insurance policy with a license defense benefit yesterday.   

You Should Attend a State Nursing Board Meeting

I attended the Ohio Board of Nursing Meeting last week and it was very informational. I would encourage all nurses to attend at least one State Nursing Board meeting a year to see what business is before your State Nursing Board.

This was one of my law practice goals for 2009, to attend the Ohio, Kentucky, and Indiana Nursing Board meetings. I am on target with attending the first day of the Ohio Nursing Board meetings bi-monthly. In 2010, my goal will be to attend both days of the Ohio Nursing Board meeting and just stay overnight in Columbus. I am sorry but even Xena the nursing law road warrior cannot handle driving from Cinti and Columbus and back for two days straight.

The Indiana Nursing Board meets monthly and I will attend the Administrative Law Judge hearings in October. I will also have my assistant attend day one of the Kentucky Nursing Board meeting in October because we will be in Louisville meeting with clients.

I bring my office with me essentially (laptop with Verizon wireless internet service and my blackberry (which really loves me and I love it!) with me so I can work. In 2010, I am going to bite the bullet and try to attend all the Ohio Nursing Board Meetings (day one and day two) and at least 50% of the Kentucky and Indiana Nursing Board meetings.

Did you make any goals this year for your nursing practice? Are you willing to share one or more of the goals on this blog?

Can a State Nursing Board investigator give me legal advice?

What is legal advice? http://en.wikipedia.org/wiki/Legal_advice

There is a line between giving legal advice and providing legal information.

Legal representation, counseling, and advising is what attorneys provide. Everyone gets what it means to have legal representation. Legal counseling is clearer but not as clear as legal representation. Legal advice is where the water gets murky.

I spoke with a nurse recently who indicated that he relied on the "legal advice" provided to him by a State Nursing Board investigator to his detriment. FYI: State Nursing Board investigators are not attorneys. According to the nurse the State Nursing Board investigator "assured" him that this case wasn't a big deal and it would probably go away. The nurse also says he took the advice of the investigator, did what the investigator told him to do, and the nurse feels betrayed by the actions of the investigator because the Board is now proposing action against the license. 

Also betrayal is a strong word and to me denotes something of a personal nature, which is not the proper context of a State Nursing Board disciplinary investigation, hearing, or licensure matter. Although its personal to you, this is part of the position description for the investigator; its their job, what they do for a living to earn a salary, and its certainly not personal.

Without getting into a matter of he said she said (which I only like to do on the weekends when I am babysitting my nephew and niece), my comment is always the same: The role of the State Nursing Board is to protect the public, not provide legal representation, counseling, and advising to nurses in disciplinary investigations, hearings, and licensure matters.

"Well, I trusted the investigator and I feel like I tricked." The role of the State Nursing Board is to protect the public, not provide legal representation, counseling, and advising to nurses in disciplinary investigations, hearings, and licensure matters.

I say this because its pretty straightforward and really a matter of common sense because:

1. An employee of a state regulatory agency like the State Nursing Board;

2. Who is not an attorney;

3. Cannot give you legal advice; and

4. If you construe any legal information provided by the investigator as "legal advice" then you ____   _____  _____    _________. I will let you fill in the blanks.

Its the same as going to the DMV (Dept. of Motor Vehicles), IRS, or any federal or state agency or a court, even mayor's court and asking a question which is even remotely legal, they will instantly tell you "we can't answer that, we are not attorneys, you have to talk to an attorney" or "Although I am an attorney, I cannot answer that because I am not your attorney."

I contacted the IRS to schedule online estimated tax payments for 2009 earlier this summer and when I spoke with a representative on the phone and asked questions which I knew were legal questions, I was told "ma'am I can't answer those questions, you need to speak with an attorney."  :)

Free Article: Nurses Perception of Conflict in the Workplace

Availble at http://www.navigatenursing.org/PDFs/Nurse%20Perceptions%20Conflict.pdf.

See also http://www.navigatenursing.org.

Ohio Board of Nursing has updated its Complaint and Supplemental Information Form for Nursing Employers

See http://www.nursing.ohio.gov/forms.htm#ComplaintForms.

The Board is also in the process of updating the style of its website.

Thus far, I like the new home page. See http://www.nursing.ohio.gov/index.htm.

I am getting older and the colors are easier on the eyes and it is visually more appealing for folks (like me) who are on the Ohio Nursing Board's website everday.

Attorney-Client Relationship Joke from an American Bar Association listserve

A guy wakes up and finds himself in a hot air balloon hovering over a big
green field about 50 feet from the air with no way to get down.  He looks
down and sees someone on the ground.  He calls out and says "Hey, where am
I? What's going on?"

The man on the grounds says:  "You're in a hot air balloon hovering over a
big green field 50 feet above ground with the wind blowing around 10 mph."

Balloon Man says with disgust "You must be a lawyer."

Ground Man says "Why do you say that?"

Balloon Man responds, "Because all you've done is tell me what I already
know and what trouble I'm in."

Ground Man responds "Well, you must be a client.  I did nothing to get you
into the situation you are in and yet somehow now I am responsible for it."

Interested in Criminal Convictions and the impact on Licensure & Employment: See the Ohio Re-Entry Coalition Five Year Strategic Plan

See http://www.nursing.ohio.gov/PDFS/NextMeeting/M2/1.3.1.1ReentryCoalition.pdf

See also Download 1.3.1.1ReentryCoalition

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If you review, please feel free to post your comments and concerns  and what this means for nurses here.

Ohio Nurses Democratic Caucus Annual Meeting in Columbus, Ohio on November 7, 2009

YOU ARE CORDIALLY INVITED TO…

The Ohio Nurses Democratic Caucus

Legislative Briefing and Annual Meeting

 

Saturday, November 7, 2009

Annual Meeting 12:30- 1:15 pm

Legislative Briefing 1:30- 4pm

 

Ohio Democratic Party Headquarters

340 East Fulton Street

Columbus, Ohio 43215

 

All Democratic nurses and students are encouraged to attend. 

 

 

The event is FREE to ONDC Members and students &

 $10.00 for non-members at the door.

Please make checks payable to ONDC.

 

Guest Speakers include Senator Sue Morano , Jan Lanier, Linda Baas, and Paulette Sheeley.  Invited guests- US Senate Campaigns of Jennifer Brunner and Lee Fisher

Program:

·        State and Federal legislation of interest to nurses

·        Responses by the Democratic US Senate candidates

·        Questions and Answer Session with candidates

(An application will be submitted to ONA for continuing education)

 

ONDC is a Caucus of the Ohio Democratic Party and membership is open to any licensed nurse or student.  Additional information about ONDC can be found on our website at www.ohdemnurses.org

 

RSVP to Paulette Sheeley at [email protected]

Please include name, address, email, phone, and county. (Confirmations will not be sent)

Nurse Liability Claims Study: Implications for Your Practice

Register to attend this free webinar on Tuesday, October 27, 2009 from 2pm to 3pm. Registration is limited to the first 1000 registrations, therefore you may want to register now. See https://www2.gotomeeting.com/register/969322523.

The objectives are as follows:

1. Describe and discuss liability risks to nurses
2. Provide data which can be used to benchmark  individual practice
3. Provide recommendations related to reducing liability risks
4. Describe the differences between historic and emerging practice  models and the related legal implications.

Can I be Mandated to Work Overtime as Nurse? Mandatory OT, Voluntary OT, and Unsafe Nursing Practice

I am receiving more comments about mandatory overtime and whether or not an employer can mandate a nurse or CNA to work overtime. There is no easy answer here because it involves a multitude of issues. I would suggest that you do and/or consider one or more of the following and this isn't legal advice pumpkin (one of my nephew's has been referring to me as pumpkin since last week; I can't figure out if its good or bad):

1. Does your state have a ban on mandatory overtime? If so, review the law and any regulations.

2. What does your employer's policies and procedures and employee handbook say about mandatory overtime?

3. If you are in a healthcare union, what does the collective bargaining agreement say about mandatory OT? Talk to your union steward or labor relations specialist.

4. Look at your State Nurse Practice and State Nursing Board regulations. Is mandatory OT mentioned?

5. Look at your State Nursing Board opinions, statement, or policies. Is mandatory OT addressed?

6. Is there any case law in your state regarding mandatory OT, patient abandoment allegations, and insubordination involving nurses?

7. Contact your State Nurses Association practice consultant for assistance. If you are in Ohio, contact Jan Lanier or Kathy Morris with the Ohio Nurses Association. Contact Maureen Keenan with the Kentucky Nurses Association. Nurses across the country, you can also contact Diane Scott with the Center for American Nurses, which is a national professional association focusing on healthy work environment for nurses.

8. Research State Nursing Association practice standards and guidelines related to mandatory OT.

9. Consider what are your duties, obligations, and potential liabilities (if any) for refusing to work mandatory OT? 

10. Consider what are employer's duties, obligations, and potential liabilities (if any) for asking you to work mandatory OT if you too tired (and unsafe) to practice?

11. What if you make a mistake or practice unsafely and a patient or resident is injured because you worked an extra 4, 6, or 8 hours? You are accountable and responsible for your actions and there will be consequences;

12. We moan and complain about mandatory overtime but what about voluntary overtime? What is the distinction between being mandated to work an extra 4 hours by an employer and being tired vs. working an extra four hours and being tired to pay your car note vs. working being tired on your second job where you work prn as nurse for 4 hours after your 8 hour gig? Yes, I said it!

Mandatory Overtime vs. Voluntary Overtime: If I had the time I would write an article. Oh, I did. See Voluntary Overtime, Unsafe Nursing Practice, and the Quest for Institutional Accountability, JONA's Healthcare Law, Ethics, and Regulation, Volume 9, Number 2, April-June 2007.

13. If you leave work and refuse to work, is it criminal? Will a State Nursing Board complaint be filed against you for patient abandonment or unsafe nursing practice? Will you be terminated for insubordination?; and last but certainly not least we get to my favorite and catch all phrase

14. If you don't have the time or energy to make these phone calls or do the research of the literature and case law, contact a nursing law attorney or license defense attorney in your state and schedule a consultation. You can't give one or two facts and expect an answer with mandatory OT questions and concerns which is why I suggest consultations so that you can be informed of your options. I personally need to know everything.

But its going to cost money, well it will if you contact my office for a legal consultation if you practice in Ohio, Kentucky, and/or Indiana. See http://www.nursing-jurisprudence.com/consultations.html.

So you make the decision when you have practice issues. Do the research yourself, contact a number of national, specialty, or state nursing associations, contact the State Nursing Board, contact someone in-house in your facility, or contact an attorney. That's why I love this country; we believe in free will and you always have a choice!

One Sided Employment Contracts from Hell: How Can You Be So Heartless?

I have been meaning to post on this for a while. I am seeing some very one-sided employment contracts and agreements that nurses are signing either as a contract nurse, APRN, independent contractor, or some other alternative work arrangement.

These agreements are so one-sided because the obligations, duties, and liability fall on the nurse and the employer can still term at will.  These agreements turn my stomach because the agreements lack any type of fundamental fairness and in my opinion prey on unsuspecting nurses who just want to start work and move forward.

Yes, we are professionals but how many of us actually hire an attorney to review an employment contract?

I am all for alternative work arrangements for nurses because frankly the traditionally employer-employee relationship and at-will employment stinks. It sucks and its not until an incident happens to you in the workplace that you realize that you essentially are "rightless." Once HR gets involved, its a wrap most of the time, magnet or no magnet.

Healthcare Facilities will term a nurse who has worked at the facility for 15 years the same as they will term a new nurse not doing well in orientation. How can you be so heartless? http://www.youtube.com/watch?v=gWzlD7Lc6w8. Okay, I know folks are mad at Kanye West, but this song is tight. 

This isn't legal advice its common sense:

1. Don't just an employment contract;

2. Pay a few hundred dollars and have your contract reviewed by a healthlaw attorney or nursing law attorney; and

3. Don't ask your supervisor to explain the contract to you. You need objective information, counsel, and advice.

License Renewal: Make Sure You Renew Your License and Certifications to Practice Nursing

The deadline for the Ohio Board of Nursing license renewal was Monday, August 31, 2009. I have already received two inquiries from RNs who did not renew their license and continued to practice.

This isn't legal advice, of course but:

1. You cannot practice nursing on a lapsed license; you must renew your license to practice ASAP;

2. Practicing on a lapsed license may subject you to a disciplinary investigation and possible action against your license by the State Nursing Board.

If you are a APRN make sure you renew your certifications also. If you are a APRN with prescriptive authority, make sure you renew (depending on the state) here also. If you have a DEA license, make sure you renew.

Regardless of the state where you practice, make sure you renew your nursing license before it lapses. The deadline for license renewal in Kentucky and Indiana is fast approaching. The deadline for Kentucky and Indiana is October 31, 2009.

If you have to make an affirmative response on your application for renewal, don't wait until the last minute to renew your license. Just a suggestion. Don't fudge on your answers either. If you are questioning whether or not to self-disclose or report, contact a nursing law, license defense, health care law, or administrative law attorney in your state.

Navigate Nursing-Where Every Nurse is a Leader

Greetings! I am pleased to announce the launch of Navigate Nursing - Where Every Nurse is a Leader.  Here you'll find the latest information, nursing news, career tips, innovative products, and an online community to assist RNs create healthy work environments.  Navigate Nursing will help you navigate Professional Success Patient Care Environments Personal Development

Stop Bullying in the Workplace:  8 Tips Before You Quit    Free Webinar September 22, 2009  2:00 pm (ET)   Bullying in the workplace (sometimes referred to as lateral violence) can be found in many organizations, however its prevalence in healthcare environments is extremely concerning.  Growing numbers of nurses are experiencing lateral violence as a daily occurrence.   This 60-minute webinar will discuss the implications of bullying in healthcare environments and offer individual and organizational strategies to eliminate bullying and lateral violence in the workplace.   Register Now! Nurses Describe Conflict in the Work Environment    A study conducted by the Center for American Nurses descibes the distress nurses are experiencing as a result of workplace conflict.  In addition,  nurses desire better work environments in which conflict can be addressed more effectively.   read more....

I invite you to explore the new Navigate Nursing website and use the valuable resources created to make your workplace healthier and happier.  Please send us your feedback at [email protected]      www.NavigateNursing.org

If I hit the lottery for 250 million dollars, FREE legal representation for ANY and ALL Nurses for License Defense in ALL 50 States before the Nursing Board

This post is part professional and part personal. I am stressing to my 20 y/o son the importance of a rainy day or emergency fund. He will spend his check down to the last $1.00 and then look to mommy for gas money, food money, or assistance. I am trying like hell not to be one of those parents. You know a helicopter parent who hovers over their adult child(ren)'s each and every move. Its a balancing act for me especially since my son is my baby, my only child. My son and I have essentially grown up together. I am a Gen-Xer and he is a Gen-Yer. Go figure! Its hard but I continue to stress to him the importance of a rainy day fund because things happen and you don't know when you will need an extra dollar or two.

Even as a single parent attending nursing school and law school, I have no shame to admit that like most college and law students, I was broke. Even then I always had a rainy day fund that I didn't touch unless it was an emergency. I keep the funds in a money market account and it took at least 3-5 days to access the money. Sometimes I would access a few hundred and after I received it a week later, I would decide that I didn't need it realy that bad. I routinely made small deposits but the account stayed out of mind and out of sight.

I still have the account and a journal of my nursing and law school days for reflection.

As a licensed professional you should always have a rainy day account because things happen in practice. Especially in the highly regulated healthcare environment of today where nurses are criminally prosecuted for unintentional medical errors which harm patients and State Nursing Board complaints are being filed against nurses by patients, plaintiff attorneys, and healthcare employers at an increasing rate.

You don't know when you may need a legal consultation or when you may have to retain an attorney. I speak with alot of nurses in the course of week who need legal representation and cannot afford legal representation. I speak with alot of nurses who would benefit from a legal consultation, workforce consultation, or a career consultation (a hundred dollars or so) and cannot afford a consultation.

The practice of law is a profession and business therefore although my heart as a RN-JD would say "take the case for free and help this nurse", our mortgage payment says NO.  Damn that mortgage payment.

You are the master of your own nursing universe my friend and part of this includes being accountable and responsible. You cannot depend on your nursing employer to provide you with everything that you need anymore in healthcare. That is not the way of the world and nursing associations can only do so much because most nurses don't even belong to nursing associations (but you can best believe this is the first place most of us call when a legal issue arises!).

You are your own risk manager for your nursing practice, your nursing career, and your nursing license. You have to actively manage the risks associated with nursing practice in this day and age and sometimes this requires payment of a fee. Damn those lawyers.

I really think nursing schools and colleges should start instructing the next generation of nurses on business and finance principles to foster and develop more of an independent contractor and business owner mindset for nurses instead of the traditional employer-employee mindset that permeates nursing. The Sleeper Must Awaken. http://www.imdb.com/title/tt0087182/quotes

I wish, oh how I wish that I could hit the lottery for 250 million dollars. Then I would be able to provide FREE to low cost legal representation, counseling, and advising to ANY and EVERY one who contacted my office. I could hire three busloads of attorneys and build a nurse license defense dream team from investigation to the appeal in all fifty states available to ALL nurses. Oh how I wish....

Until that day, purchase your own professional liability insurance with a license defense protection benefit and start a rainy day fund.   

Drug Stealing Nurses: An Epidemic- Watch the Video

See this video at http://www.kdvr.com/videobeta/watch/?watch=47936018-e07a-4609-bda7-6b5c0fcfc95c&cat=b22125c7-493e-446c-8ae4-453443bd82c4&src=front&title=Drug-stealing%20nurses:%20an%20epidemic?

See also http://associationdatabase.com/aws/NADDI/pt/sd/news_article/21390/_PARENT/layout_details/false.

Free Webinar: Stop Bullying in the Nursing Workplace on September 22nd

The webinar takes place on September 22, 2009 from 2pm to 3pm ET.

Do you think bullying in the workplace is leading to more turnover and hostility in the workplace for nurses?

Are you a bully or have you been a victim of bullying in the workplace?

Nursing as a profession is said to eat its young. Do you agree or disagree? 

See https://www2.gotomeeting.com/register/727145378)

Nursing Workforce: Past, Present, and Future-Center for American Nurses legal webinars

Series V: Nursing Workforce:  Past, Present and Future (4 parts) 

Webinar 1:  Competence:  Past, Present & Future (October 14, 2009)
Webinar 2:  Conflict Management:  Past, Present & Future (November 18, 2009)
Webinar 3:  Scope of Practice:  Past, Present & Future (December 16, 2009)
Webinar 4:  Delegation:  Past, Present & Future (January 20, 2010)

• CNE Credits per Webinar:  1.25. View Accreditation Statement
• Cost:  Member price:  $49.95; Non-member $69.95. 
• Buy the 4 webinar series:  Member:  $170; Non-member $235.00 
• Cost is per site.  Any number of nurses can attend per site. 
For more information, call 1-800-685-4076.

Webinar 1:  Competence:  Past, Present and Future (October 14, 2009)

Course Objectives:

• Define competence in nursing
• Contrast nursing competence with nursing competency
• Discuss the literature on continued competency in nursing

Content Outline:

• Definition of competency as described in the nursing literature
• Review of ANA and NCSBN literature related to competence
• Discussion of continued competency, patient safety, and the future of nursing
• Discussion of the following roles in competence: individual nurse, employer, nursing association, nursing board, public, etc.
• What is continued competency?

See https://m360.centerforamericannurses.org/event.aspx?eventID=11010

CRNAs, the State Nursing Board, and Addiction: the Pedal to the Metal

I don't know where to start with this post so I will  begin and end by saying if you are a CRNA and you are stealing medications, self-administering medications, abusing alcohol, or diverting medications:

1. You may have a chemical dependency and you should be evaluated ASAP;

2. You may need a criminal defense attorney if you are stealing medications; theft of drugs is usually a felony in most states and jurisdictions; and

3. You may need a nursing license defense attorney to assist you with the State Nursing Board. Talk to your license defense attorney about your State's Alternative to Discipline Program for Chemical Dependency.

If you are a CRNA and you are stealing drugs or impaired at work, then the State Nursing Board will be involved at some point because of patient safety issues and public protection. This is a no brainer.

Local law enforcement and the State Nursing Board really go through these types of cases with a fine tooth comb for public protection and safety.  Some states and counties really "go hard and play hard" when licensed healthcare professionals (whether its a nurse, physician, or pharmacist) steal medication. The disease of addiction takes a back seat or gets placed in the trunk of a fast moving Chevy and protecting the health, safety, and welfare of patients and the public is in the driver's seat with the pedal to the metal. I watched the Fast and Furious last night on DVD!  

CRNAs, addiction, and the State Nursing Board. These cases can be much more complicated than your typical (if there is a such thing as a typical case before the State Nursing Board) nurse dependency case because CRNAs have much more autonomy and prescriptive authority than RNs and other advanced practice nurses. With CRNAs more autonomy means more money (CRNAs can do the money dance because most are making the big bucks) AND also more responsibility, accountability, and the potential for more liability.

Take the bricks out of your shoes and do one of more of the following:

1. Contact your Anethetists in Recovery (AIR) or state peer advisors for AANA. See http://www.aana.com/Resources.aspx?ucNavMenu_TSMenuTargetID=154&ucNavMenu_TSMenuTargetType=4&ucNavMenu_TSMenuID=6&id=191

 Call the Peer Assistance Hotline at (800) 654-5167

2. Get yourself evaluated by an CD evaluator or an addictionologist and get treatment ASAP;

3. Talk to a criminal defense attorney in your state or jurisdiction and confess your soul because whatever you say is confidential;

4. Talk to a nursing license defense attorney in your state or jurisdiction and confess your soul because whatever you say is confidential; and/or

5. Call Jack at 513-328-7253 and confess your soul. Jack loves to talk and he will listen. Jack is former CRNA who is in recovery and works with me as a Recovery Assistant. Whatever you say to Jack is confidential because he is working at the direction of an attorney. Jack is not an attorney and cannot provide you with legal advice but he will listen and provide alot of hand holding and referrals.

Call someone or do something but get the help you need now. Today can be the first day of the rest of your life and the best day for your nursing career, license, and livelihood.  

CRNAs, the State Nursing Board, and Addiction: the Pedal to the Metal

I don't know where to start with this post so I will  begin and end by saying if you are a CRNA and you are stealing medications, self-administering medications, abusing alcohol, or diverting medications:

1. You may have a chemical dependency and you should be evaluated ASAP;

2. You may need a criminal defense attorney if you are stealing medications; theft of drugs is usually a felony in most states and jurisdictions; and

3. You may need a nursing license defense attorney to assist you with the State Nursing Board. Talk to your license defense attorney about your State's Alternative to Discipline Program for Chemical Dependency.

If you are a CRNA and you are stealing drugs or impaired at work, then the State Nursing Board will be involved at some point because of patient safety issues and public protection. This is a no brainer.

Local law enforcement and the State Nursing Board really go through these types of cases with a fine tooth comb for public protection and safety.  Some states and counties really "go hard and play hard" when licensed healthcare professionals (whether its a nurse, physician, or pharmacist) steal medication. The disease of addiction takes a back seat or gets placed in the trunk of a fast moving Chevy and protecting the health, safety, and welfare of patients and the public is in the driver's seat with the pedal to the metal. I watched the Fast and Furious last night on DVD!  

CRNAs, addiction, and the State Nursing Board. These cases can be much more complicated than your typical (if there is a such thing as a typical case before the State Nursing Board) nurse dependency case because CRNAs have much more autonomy and prescriptive authority than RNs and other advanced practice nurses. With CRNAs more autonomy means more money (CRNAs can do the money dance because most are making the big bucks) AND also more responsibility, accountability, and the potential for more liability.

Take the bricks out of your shoes and do one of more of the following:

1. Contact your Anethetists in Recovery (AIR) or state peer advisors for AANA. See http://www.aana.com/Resources.aspx?ucNavMenu_TSMenuTargetID=154&ucNavMenu_TSMenuTargetType=4&ucNavMenu_TSMenuID=6&id=191

 Call the Peer Assistance Hotline at (800) 654-5167

2. Get yourself evaluated by an CD evaluator or an addictionologist and get treatment ASAP;

3. Talk to a criminal defense attorney in your state or jurisdiction and confess your soul because whatever you say is confidential;

4. Talk to a nursing license defense attorney in your state or jurisdiction and confess your soul because whatever you say is confidential; and/or

5. Call Jack at 513-328-7253 and confess your soul. Jack loves to talk and he will listen. Jack is former CRNA who is in recovery and works with me as a Recovery Assistant. Whatever you say to Jack is confidential because he is working at the direction of an attorney. Jack is not an attorney and cannot provide you with legal advice but he will listen and provide alot of hand holding and referrals.

Call someone or do something but get the help you need now. Today can be the first day of the rest of your life and the best day for your nursing career, license, and livelihood.