Nursing Law & Order

Center for American Nurses November 2009 Newsletter

See http://www.can.affiniscape.com/displaycommon.cfm?an=1&subarticlenbr=278.

I Appeared before the Board without counsel and signed a Nursing Board Agreement without counsel: What Can I Do Now?

I spoke with a nurse today who was upset that she wasn't told that she could have had attorney representation before the Board.

1. Why didn't the State Nursing Board tell me I could have an attorney to represent me before the State Nursing Board?

ANSWER: You can hire an attorney to represent you in any legal proceeding. As a professional, you need to be informed of what your rights and obligations are in any matter involving your license, career, and professional nursing practice. Some State Nursing Boards will indicate in correspondence to a licensee in a pending investigation or matter "You have a right to retain an Attorney." Some State Nursing Board don't indicate this in correspondence to a licensee. Therefore as professional you need to have an awareness of what your rights, obligations, duties, and responsibilities are in any investigation, appearance, complaint, or other formal/informal matter related to your nursing practice.

2. Why didn't the Board tell me that I could have an attorney to represent me when I appeared before the State Nursing Board?

ANSWER: SEE ABOVE.

3. Why didn't the Board or/and Board Staff tell me that I could have an attorney counsel and advise me before I signed a State Nursing Board Agreement, Agreed Order, Consent Agreement, or Board Contract?

ANSWER: SEE ABOVE.  

Conflict Management: Past, Present, and Future legal webinar

https://m360.centerforamericannurses.org/event.aspx?eventID=11011

Ohio Board of Nursing Meeting: November 18-20, 2009 (Rules Hearing November 18, 2009)

See http://www.nursing.ohio.gov/Upcoming.htm.

Would You Surrender Your Nursing License? RN to the End

Would you surrender your nursing license? Have you surrendered your nursing license? If so, why?

My motto is "RN to the end" but I am questioning under what circumstances would I be willing to surrender my nursing license. I worked hard for my nursing license and even harder my law licenses but I question under what circumstances if any that I would be willing to walk away.

Would I surrender my license if its suggested or would I be the one nurse who is screaming "if you want my license you will have to take it" or "give me liberty, give me death, but I am keeping my nursing license" at a State Nursing Board hearing?  

My recovery assistant, Jack "Jackie" Stem, is a former CRNA who surrendered his nursing license and privilege to practice as a CRNA in Ohio. He will tell you that if didn't surrender his nursing license, he probably would not be alive because of his battle a decade or so ago with addiction. He is proudly clean and sober and active in the CRNA recovery community. He will tell you, you can call him and he loves to talk:) that "life doesn't stop because you no longer have a state nursing license." Call Jack at 513-328-7253. He has turned his struggle into a career assisting nurses with recovery issues. See www.jackstem.com and www.peeradvocacyforimpairednurses.com.  

RN, LPN, and the APRN titles are protected by law so if you don't have a license you can't call yourself a "nurse" but even without a title, you have the education, experience, and training. Are you still a nurse at heart even if you don't have the State Nursing Board sanctioned title of RN, LPN, CRNA, NP, CNS, or CNM?

More and more of us are voluntarily surrendering our nursing licenses, most of the time it is because of a pending State Nursing Board complaint. Would you "go out swinging and fighting" in the event of a possible revocation of your nursing license or would you surrender your license?

For those of us who did surrender, what are you doing now?

In some states, a voluntary surrender is like a suspension and at some point you can apply for reinstatement of your license. You may have to sit for the NCLEX Exam again. Its more like a non-permanent revocation.

However in some states if you surrender, you surrender your privilege to practice as a nurse in that particular state permanently. Its a permanent revocation and surrender of your privilege to practice nursing forever and always.

What are your thoughts?