Nursing Law & Order

State Nursing Board Hearing: Want Representation? Don't wait until 11:45am to hire an attorney for a hearing at 12noon!

If you are scheduled to appear before the State Nursing Board or if you have a hearing scheduled before the State Nursing Board and if you are seeking attorney representation, counseling, and advising, contact an attorney ASAP.

One nurse contacted me two days before a State Nursing Board appearance in one state and the morning before a Board conference to discuss a Cease & Desist Order. I was available to represent the nurse and fee I quoted was naturally expensive.

Another contacted me one week before a scheduled hearing and another has contacted me two weeks prior to a hearing. Better late than never some would say, right?

In a perfect world, there would be no State Nursing Board complaints or nurses would be appointed an attorney for representation before the State Nursing Board. But this isn't a perfect world as we all know.

Retaining an attorney at the last minute is more expensive and your case may not receive the time and attention it should have prior to the scheduled hearing. This isn't Law & Order (okay its Nursing Law & Order)  where one can prepare for a hearing in 5 minutes. There is a laundry list of pre-hearing motions and discovery that should take place and may not take place if you retain an attorney at the last minute.

The fee quoted by an attorney may be double or triple what you would have normally paid because of scheduling conflicts and last minute preparation for the hearing in the event a continuance isn't granted. Yes, that's right a request for a continuance may be denied for a variety of reasons. You are not gaining any type of edge or tactical advantage (in my opinion) by waiting until the week of or the month of a hearing and hiring an attorney. For some  nurses it takes time to obtain the retainer fees to hire an attorney and this may be the reason why an attorney is retained right before a hearing. BUT if at all possible don't wait until 11:45 am to hire an attorney for a hearing at 12noon.

Ups and Downs of Law Practice on a Wednesday: Client Moments

Yesterday was an emotional day for me in my law practice.  A client who I have been working with for four plus years who is struggling with alcoholism is being permitted to return to nursing practice after meeting the terms/conditions for reinstatement of her license which included several months of clean UDS (urine drug screens).  I almost cried because my client has struggled with a variety of issues over the years not just with the State Nursing Board. His/her case isn't nearly over but we hit a positive milestone. The nurse is about to start practicing again, the nurse is in a steady relationship, the nurse is sober and working a solid recovery program, and the nurse is expecting a nice income tax refund next week. The nurse is happy and her attorney is happy for him/her.

I also found out that a client has been lying to me consistently for 2 months. Not just a little small lie but a several large ones. Its not a shocker that clients lie to their attorneys but it still pains me because I am representing, counseling, and advising nurses based on the information provided and uncovered during the case. I remind myself its a professional relationship and its the license and case of the nurse; the case or the license doesn't belong to the attorney representing the nurse. Then I take a deep breath and remind myself why I do nurse license defense cases.

When you are an attorney you come to expect that clients, some anyway may not tell you the truth. What is the truth? My grandmother always told me there are 3 versions of the truth yours, mine, and what's left in the middle. As an attorney, I need the facts, not what you want to occur, what you wished you had done, or what you might have done in hindsight. Just the facts, baby.

Here are two actual provisions in my legal services agreement which address honest and forthright communication:

A.   The attorney-client relationship is built on mutual respect and trust. Client shall be honest, upfront and forthright with Attorney. Communications between attorney and client are privileged and you are encouraged to be honest and provide attorney with an accurate representation of the facts and speak openly and candidly with Attorney even if this means you are disclosing potentially embarrassing information.

 

B.   Attorney cannot provide Client with adequate and concise legal counseling and advising if Client lies, misrepresents the facts, or engages in deceit and deception with Attorney related to the case. Attorney will withdraw from representation if Client engages in conduct adverse to the attorney-client relationship.

 

 That's right, I will, can, and have fired nurse clients for lying to me about important facts and information in a license defense case.

 

I am waiting to have my moment, when I am sitting in a conference room with a

client or a prosective client and  I say tell me why you were terminated and reported to the 

State Nursing Board by Always Happy and Heavenly Home & Hospice Care and the nurse tells me "You can't handle the TRUTH."

 

http://www.youtube.com/watch?v=8hGvQtumNAY

 

 

 

I have said it before many times on this blog. If you are going to engage in deceit, deception, and dishonesty, don't do it with your lawyer in a State Nursing Board defense or license case. I am  sure you have alot of friends, family members, and  peers you can lie to and keep a straight face about your legal matter. Be honest with your attorney  because its your case, your license, your  career, and your livelihood at stake.

 

http://advocatefornurses.typepad.com/my2cents/2009/07/dishonesty-deceit-and-deception-my-name-is-a-i-am-a-nurse-and-i-am-a-liar-.html

 

 

 

 

The AANA has got it going on with respect to Peer Assistance and CRNAs

The AANA is doing its thing!!! The American Association of Nurse Anesthetists (AANA) has taken the lead in nursing with assisting its members and the CRNA community with addiction, treatment, and recovery. See http://www.aana.com/peerassist.aspx. This organization is light years ahead of other nursing professional associations in so many ways its scary. Not only peer assistance but wellness also.

AANA has an active peer assistance program nationally and peer assistance advisors in all or most of the 50 states. http://webapps.aana.com/Peer/directory.asp

AANA even has a peer assistance hotline.  AANA Peer Assistance Hotline 800/654-5167

My legal assistant Jack is a volunteer peer assistance advisor here in Ohio http://osana.org/  and therefore I know first hand the wonderful things this program is doing for CRNA and Student Nurse Anesthetists. Jack is a former CRNA who surrended his Ohio license because of his addiction over a decade ago.

Why hasn't other national nursing professional associations stepped up like the AANA has for its members with addiction, treatment, and recovery? Is addiction, treatment, and recovery only an issue with CRNAs? Of course not so why haven't other national and specialty nursing associations stepped up to assist the profession? Where is the voice of these national nursing unions with respect to addiction, treatment, and recovery in nursing?

The majority of CRNAs in the US belong to the AANA while the majority of the 3 million RNs in the US don't belong to a national, specialty, or state nursing association or a nursing union. I wonder why? Stop the in-fighting and go grassroots with a issue like this which hits close to home. Maybe just maybe your membership numbers will increase :)

I have alot of cases (actually a large percentages of my cases) that involve allegations of abuse, impairment, and medication discrepancies in my law practice. We work very closely with our clients who are in recovery and it is a process. State Nursing Board complaints, suspensions, alternative to discipline programs, probation and monitoring, employment, return to work issues, criminal charges, criminal probation, etc. A long and complex process that we enjoy performing because there is a light at the end of the tunnel and its not a train!

I would like to see a national nurses association or a national union which both purport to represent the profession step up the plate and do for RNs nationally and on the state level what AANA does for CRNAs with respect to addiction, treatment, and recovery. I am willing to roll up my sleeves and become a super volunteer to assist with this type of endeavor. I can dream, right?

Reinstating Your Nursing License after a Suspension or Non-Permanent Revocation: You Can Do It!

Let's say your nursing license was suspended 7 years ago. You have worked in another field and you now want to have your license reinstated. This is common and more nurses whose license is suspended want to reinstate for whatever reason. Maybe its the economy, maybe the kids are older now, or maybe you are ready to deal with the process now and you were not ready several years ago.

This isn't legal advice but just a little information and common sense:

1. Take a deep breath.

2. Gather all the documents you have from the State Nursing Board. If you lost or misplaced the documents, contact the Board.

3. Read all the documents twice and note your questions in a journal.

4. Keep a journal of your efforts and progress. You will need to refer to this in this months or years to come because usually when your license is reinstated there will be some form of State Nursing Board probation and/or monitoring.  

4. Ask a friend, family member, partner, or peer to review your documents with you.

5. Plot your next course of action based on the legal documents before you. This may include contacting the State Nursing Board to officially start the reinstatement process depending on the conditions for reinstatement.

6. Don't despair because it is a process (you will not become a licensed nurse again overnight) and its going to take a few months or maybe a year or longer depending on the conditions for reinstatement.

7. If you need assistance with this process, you can always contact a nurse license defense attorney in your state or jurisdiction for legal representation, counseling, and advising.

If you are in Ohio, Kentucky, or Indiana, my office can assist you. Email me at [email protected] or email Jack, my legal assistant at [email protected]. Or you can call 513-771-7266 (office) or 513-328-7253 (Jack's direct dial).

If you need a referral to a nurse attorney in another state contact the nurse attorney referral hotline of The American Association of Nurse Attorneys (TAANA) at (866) 807-7133.

Ohio Nursing Law and Rules and legal CE for Nurses

My law firm offers Ohio Nursing Law and Rules Category A continuing education (4 programs) and general legal continuing education programs for nurses. Each program is 60 minutes (1.0 contact hour) and is presented live at this point.

LaTonia Denise Wright, RN, BSN, JD with the Law Office of LaTonia Denise Wright, LLC is available to present the following 1.0 contact hour CE programs to nursing students, nurses, and/or faculty:

1. What About Next Thursday? Professional Boundaries for Ohio Nurses (Ohio nursing law and rules category A)
2. Ohio Nursing Board Disciplinary Investigations (Ohio nursing law and rules Category A)
3. Navigating Ohio Nursing Law & Rules (Ohio nursing law and rules Category A)
4. Ohio Board of Nursing Alternative to Discipline Programs (Ohio nursing law and rules Category A)
5. Legal Alphabet Soup for Nurses: Administrative Law to Employment Law
6. Anatomy of a Nursing Negligence Law Suit
7. Managing the Legal Risks in Nursing Practice: Do You Feel Lucky?
8. A Legal Minefield: Abuse, Impairment, and Addiction in Nursing
9. Alternative Program Contracts, Consent Agreements, and State Nursing Board Orders: Oh My!
10. What is the Nurse License Compact?
11. Legalities in Nursing Documentation
    
    T
    • These continuing nursing education activities were approved by the Ohio Nurses Association (OBN-001-91), an accredited approver by the American Nurses Credentialing Center’s Commission on Accreditation. Approval valid through 3/17/2011.

One or more of these programs can be presented on a date, time, and location of your choice. For additional information about Ms. Wright’s nursing and legal background, see her website at www.nursing-jurisprudence.com. For pricing please email Ms. Wright at [email protected] or call 513-771-7266.

The brochure is available from my website at http://www.nursing-jurisprudence.com/images/2009NursinglawandorderCEprograms.pdf.

Southwestern Ohio Nurses Association (SONA) Winter 2010 Newsletter

See http://www.sonanet.org/wp-content/uploads/2010/01/10-01-sona-newsletter.pdf

See also Download 10-01-sona-newsletter.

For additional information about SONA, see its website at www.sonanet.org.

My law firm is participating in the SONA legal referral program. See http://www.sonanet.org/?page_id=181

My Top 10 for DIY: Representing, Counseling, or Advising Yourself when Legal, Ethical, or Professional Practice Issues Present in Your Nursing Practice

You are providing complex care to high acuity patients and legal, ethical, workplace, and professional practice issues will pop up in your practice. You may have to do some research to find the answers you need or if you plan to represent yourself then do the research and educate yourself before proceeding. Contacting an attorney for advice or representation may not be feasible for you. You may not want to speak with anyone about your issue or case for whatever reason. DIY.

If you are going to represent, counsel, or advise yourself considering the following (this isn't legal advice just general information):

1. Use a pen and paper to spot the critical issues in your situation or case. Do general and specific searches on google or other search engines to identify the issues and trends;

2. Research your State Nurse Practice Act and State Nursing Board regulations. There is a wealth of information on your State Nursing Board's website (usually);

3. Any there any federal or state laws, cases, and regulations applicable to your situation or case?;

4. Take a look at the nursing research and review the literature;

5. Are national, specialty, or state nursing association practice guidelines or standards applicable? Research and review those guidelines.

6. What does your employer's policies and procedures say? What about JCAHO?

7. Any guidance from the State Nursing Board or the National Council of State Boards of Nursing? Review the State Nursing Board website including Board meeting minutes, cases, advisory opinions, brochures, decision trees, statements, etc.

8. Take a look at the online nursing forums and chatrooms like www.allnurses.com. Has this issue(s) presented with other nurses?

9. Review judicial case law in your state if applicable; and

10. Contact your national, state, or specialty nurses association(s) for guidance and assistance.

What's Up with Nurses and Marijuana? Please put the weed down!

I don't smoke marijuana but I know tons of folks who do smoke marijuana from all walks of life and socioeconomic classifications. I won't do the weed bashing on this blog or weed promotion for that matter but just a little common sense please with the weed.

1. If you are on probation or monitoring with the State Nursing Board or a Board related alternative program and required to submit random UDS (urine drug screens), put the weed down please. You are going to test positive and this will be a violation of something in your 5-10 page contract, agreement, or order.

2. If you work at a healthcare facility which utilizes random drug screens for all employees, put the weed down please. Today may be your day and some of us are testing positive after partying hard from New Year's Eve; and

3. If you are a nurse and something happens at work you can be asked to give a UDS on the spot. What happens if you puff, puff, and pass the marijuana on your days off? Oh no. http://en.wikipedia.org/wiki/Friday_(film)

Say there are controlled substance discrepancies or you are a little sluggish at work after staying up all night studying for an exam in your NP program. A reasonable suspicion UDS can be ordered. You are going to test positive for marijuana which is reportable to the State Nursing Board. Put the weed down please. If you test positive its reported to the State Nursing Board. If you decline, you are fired and you are reported to the State Nursing Board:)

Seriously anytime you are using an illegal substance, you are risking your employment, your nursing, and possibly your career. Its a risk and it  may be slight or significant depending on your employment setting but its a risk nonetheless. Are you willing to assume this risk and the consequences?

Most healthcare organizations have a no tolereance policy for drug use.

No that doesn't mean your license will be revoked by the State Nursing Board but there can be consequences for nurses with a positive UDS from smoking marijuana just like there are consequences for nurses with a positive UDS from smoking crack, snorting cocaine, and mainlining heroin.

In closing if you want to use illegal drugs on the regular, i.e. a consistent basis:

1. You shouldn't be in healthcare (remember patient safety);

2. You need to find an occupation, trade, or profession which doesn't require a state issued license by a regulatory board; and

3. You need to work in a setting where there is no accountability or responsibility for one's actions, inaction, or conduct.

I Just Signed the State Nursing Board Consent Agreement, Contract, or Agreed Order that was put before me!

I have been told this several times this month. Before you sign any legal document, contract, order, or agreement relating to your nursing practice, read it and ask questions at a minimum. You don't just sign a legal document and hope for the best.

Would you sign a mortgage loan documents and not ask questions? Oh crap, not a good question as alot of us American did just that and look at the results.

If you have been presented with a legal document, contract, order, or agreement related to your nursing license or your nursing practice, read the document. Then read the document again and start asking questions. Even if you don't have the document reviewed by an attorney, that's fine but read the document so that you have an understanding of what you are admitting to, agreeing with, and what are the expectations of each party to the agreement, contract, order, or document.

I have spoke with three nurses this month who each questioned if permanent practice restrictions in an Ohio Board of Nursing Consent Agreement or an Ohio Board of Nursing Adjudication Order can be modified.

As an attorney, I like to play with the meaning of words but here is the plain English version of what permanent means. http://www.merriam-webster.com/dictionary/permanent.

Permanent practice restrictions with the Ohio Nursing Board are indeed permanent.

See also my post on this blog from June 20, 2008. http://advocatefornurses.typepad.com/my2cents/2008/06/permanent-practice-restrictions-on-a-nursing-license-are-indeed-permanent.html

Again this is why its so important that you have an understanding of the long-term licensure, career, workplace, and regulation implications of the State Nursing Board legal documents you sign. There is an immediate rush after you just sign (so I am told) of "wow, this is finally over" and I have turned a turned a torn page in a long book.

But then the excitement and confidence wears off when you receive the ratified Agreement, Contract, Order, you speak with your case manager with the Board, you go to www.allnurses.com, and/or you start interviewing for nursing positions. Its a tough market even for nurses without an encumbered or restricted license and you start questioning whether your actions were proper and if this was the best resolution to the issue(s) at hand.

I have nurses who contact me a week, two weeks, or a month after they sign a contract, order, or agreement and ask what can I do? You are kidding right? A contract is a legally enforceable document and can only be modified by the consent of both parties. That is why it is extremely important that you read and review any State Nursing Board Consent Agreement, Agreed Order, Contract, or other legal document before you sign it.

DIY and the State Nursing Board Cases: My Top 10 Signs When You Need Attorney Representation, Counseling, and Advising

DIY. http://en.wikipedia.org/wiki/Do_it_yourself

I don't watch the DIY home improvement channels but my husband does. We do alot of work around our home and rental property ourselves. For example, we painted our concrete swimming pool, powerwashed and stain the concrete deck around the pool, powerwashed and stained our wooden deck and the hot tub on the deck, and landscaped our own yard. We even (with the help of friends and family) had topsoil delivered this summer and sowed the grass after we had our lower level concrete patio and wall torn out and replaced (we hired a professional). My husband is a beast with a paint brush and our home is so colorful! He also stamped our cellings because the flat ceilings were driving me crazy.

But there are so things you just can't do yourself and you have to know what projects or tasks are DIY or when you need to bring in a professional. Case in point. My husband wanted to replace the tile around pool. I don't think so. We hired a professional in 2008 who did a wonderful job. I enjoy working in the yard if you hadn't guessed and I can't wait until Spring.

There is nothing wrong with DIY around the house and yard. There is also nothing wrong with DIY when it comes to professional services. Alot of us do our own taxes rather than use an accountant or go to a tax preparer. You can purchase a legal tool kit at Staples to draft your own will, trust, contracts, leases, etc. There is nothing wrong with DIY because its less expensive than hiring a professional and it gives you a sense of pride and accomplishment. 

But here it comes....I have communicated by phone or email with at least 15 nurses this month where DIY legal services just ain't cutting it. These are nurses who are representing themselves before the State Nursing Board in a pending complaint, on probation with the Board, license was suspended by the Board, or who are involved in a State Nursing Board Alternative to Discipline Program for Chemical Dependency.

So here is your sign. http://en.wikipedia.org/wiki/Here's_Your_Sign

Here is my Top 10 Signs that You Need Attorney Representation before the State Nursing Board:

1. You just signed another 3-5 year recovery monitoring agreement with the State Nursing Board alternative program. This is your second or third 3-5 year agreeement;  

2. You have a Consent Agreement, an Addendum to the Consent Agreement, and an Adjudication Order with hearing transcripts which total 90+ pages and you have been on probation and/or monitoring with the Board for so long that you have rotated through the list of available monitoring agents and case managers with the Board.

3. You are being monitored by the State Nursing Board in so many states that you can't keep the paperwork and deadlines straight anymore;

4. You are being monitored by two or three State Nursing Board alternative programs, you are in non-compliance with one or more of the programs, and your life is spiraling out of control it seems;

5. Your license was disciplined in State Z for a serious infraction and you are planning to apply for licensure in State A, B,C, D, E, F, G, H, I, and J via endorsement;

6. Your license was suspended by the State Nursing Board and you didn't request a hearing or you received a Cease and Desist Order, Summary Suspension, or Temporary Suspension from the State Nursing Board by certified mail today;

7. You were caught diverting drugs in State A (a non compact state) and you are facing a criminal indictment and State Nursing Board complaint in State A  and you are licensed in State B, C, D, E, F, G, H, I, and J.

8. You are combing allnurses.com (www.allnurses.com) and other online nursing chatrooms, forums, and boards and submitting questions about your situation and asking for advice hoping another nurse will answer before a moderator closes down the thread as a violation of terms of service;

9. You have been charged with a felony or misdemeanor and your criminal defense attorney says "you have nothing to worry about with your license"; and last but not least

10. You have been on some form of probation and/or monitoring with the State Nursing Board for 1 to 5, 2 to 5, 3 to 5, 3 to 7, 3 to 10, or 5 to 10. Those are years pumpkin. It sounds and feels like your doing hard time aka a "bit" in a state correctional facility.

But in all seriousness, reach out to an attorney licensed in your jurisdiction. It can't hurt and you can call around and speak with several attorneys to price shop and compare. At least you will know what representation will cost and you can practically evaluate your options. By all means DIY before the State Nursing Board because it saves you money in the short-term but just recognize there may come a point or time when for whatever reason you need the legal assistance of a nurse license defense attorney.  

To your knowledge is a 3 year old Nolle Pros Simple Battery charge normally a reason not to hire a candidate with good academic and employment references?

See http://en.wikipedia.org/wiki/Nol_pros.  This isn't legal advice.

A battery or an assault are crimes of violence. A battery or assault charge for a healthcare professional is never simple. Healthcare employers are concerned with patient safety and therefore any crime of violence indictments or convictions may raise concerns. Human resources and nursing management may not review your academic and employment references because the criminal conviction raises a bright red, white, and blue flag. Crimes of violence may scare a prospective healthcare employer who is concerned with patient safety and potential liability.

Speak with a license defense attorney in your state or jurisdiction. Maybe you can have those criminal records expunged or sealed. You need to determine if the conviction is a bar to employment in certain healthare settings. For example see this document which is available and directly applicable to Ohio nurses.  Download Criminalchecksohionurses.

Criminal convictions especially those of violence directly impact your ability to complete clinicals or externships or internships in healthcare, your suitability for licensure before a state healthcare licensing board, and your employability. If you have a criminal conviction or any criminal charges where you were not "acquitted and found not guilty" by a jury or a judge and you essentially took some kind of plea, talk to a license defense attorney in your state/jurisdiction before you spend tens of thousands of dollars on an nursing education and training you may not be able to fully use or find gainful employment because of your past.

I know it isn't fair and its like you are being punished twice but this is the way of the world especially in healthcare and you want to know what you are getting into before you dive head first without a helmet into concrete swimming pool with two inches of water. I am so ready to open our pool; only 3 more months of cold weather here in Cincinnati! I wish I lived in Arizona or Nevada.

Ohio Board of Nursing and the Nurse License Compact: Ready or Not!

There are pros and cons to the Nurse License Compact. The American Nurses Association and National Nurses United are opposed to the Compact.

Me, I like the concept of the Compact however there should be more public information, transparency, openess, and contact between the Compact Administrators and the general nursing public. I for one would like to participate (even if its listen only mode) in the Compact Administrators phone conferences and other business meetings which should be open to the public.

I don't like secrecy and you only need to look at the affairs of national and state nursing professional associations and national unions to see the consequences and women-made disasters (most nurses are females thank you very much) that occur when nurses get just a little pinch of power. Its mind boggling, earth shattering, and just too much to handle for some.

Back to the Compact. Its almost 50/50 with states in or out of the Nurse License Compact. Damn, I wish there was an Attorney License Compact because I am really money hungry and I would practice from coast to coast depending on the weather. Its just a dream for attorneys at least in my lifetime anyway.

I am licensed to practice in Ohio, Kentucky, and Indiana and say for example if I want a law license in Michigan, West Virginia, or Tennessee, I have to complete a 200 page form listing every speeding ticket since I was 16, recount if I have ever paid a bill 30 days past due in the last 20 years, and explain in graphic detail whether or not "the 3rd cousin of my mother's neighbor's aunt" was treated for addiction or a mental health issue. These are actual questions on the state application for a law license:

1. Do you like to have fun?

2. Have you had any fun in this jurisdiction or any other country, state, or county in the last 10 years? If yes please provide a detailed explanation with certified documentation; and

3. Do you like to gamble on the one arm bandit (slot machine)? I am toast.

Here are the Ohio Board of Nursing's concerns with the Nurse License Compact. See this attachment which will be discussed at the Ohio Board of Nursing meeting Thursday, January 21st and Friday, January 22nd.

Download 6.14NurseCompact

Do you think there are too many nursing schools? See this article about law schools

The legal community is buzzing (at least online anyway) about this commentary which states there are too many law schools. See http://www.latimes.com/news/opinion/commentary/la-oe-greenbaum8-2010jan08,0,1467294.story.

See the comments at http://temporaryattorney.blogspot.com/2010/01/la-times-no-more-room-on-bench.html

and

http://lawprofessors.typepad.com/law_librarian_blog/2010/01/turning-law-school-accreditation-over-to-the-corrupt.html

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As a nurse, do you think there are too many nursing schools or not enough nursing schools? Do you think we have the same or similiar issues in nursing with respect to education and work placement after graduation that lawyers have or is this comparing apples to collard greens? Do you think we have hit a market saturation with nurses and entry level diploma, ASN, and BSN nursing programs? What about LPN programs? What about graduate level programs in nursing?

Nurse Reality or Actuality TV: Are You Trying to Have your Law & Order Moment? Please advise....

You are a Nurse and you work at Hospital A, Nursing Home B, Home Health Agency C, Physican Office D, etc. You are contacted by a State Nursing Board investigator who tells you that he/she would like to meet with you to discuss MAR discrepancies or prescription refill discrepancies. You say no problem.

You appear for this meeting at a public place and you are greeted by not only the State Nursing Board investigator but also a State Pharmacy Board investigator/compliance agent or the State Nursing Board investigator and a police detective from a county drug diversion task force.

What do you do? The majority of nurses (90% or better) proceed with the interview, answer questions, agreed to be recorded, provide a written statement, etc. Then after the meeting/interrogation has concluded, the nurse will contact an attorney. What's up with this particular sequence of events?

I have heard a variation of this scenario 3 times already this month (and its only the second week in a new year and a new month). Here are a few thoughts. This isn't legal advice and I am not telling anyone what to do or not to do but just giving you something to consider:

1. If you are contacted by a State Nursing Board investigator or compliance agent either by phone or mail, this more than likely means a complaint has been filed against your license. What does this mean for you, your license, and your career? Take a moment to reflect on this.

2. If you are asked to meet with a State Nursing Board investigator or compliance agent, this more than likely means a complaint has been filed against your license. What does this mean for you, your license, and your career? Take a moment to reflect on this.

3. Although you work with controlled substances daily, its a big deal to administer and document your handling of these drugs in accordance with policy and the acceptable standards of practice. Don't let anyone tell you its not a big deal. The failure to administer and document can lead to a suspicion that you diverted drugs, you are addicted to drugs, and you may be practicing impaired. These are serious accusations with criminal implications. What does this mean for you, your license, and your career? Take a moment to reflect on this.

4. You arrive for a meeting with a State Nursing Board investigator or compliance agent and there is also an agent there from the State Pharmacy Board or a detective with a county or city drug diversion task force. What does this mean for you, your license, and your career. Take a moment to reflect on this.

Law & Order is one of my favorite TV shows. This blog is called Nursing Law & Order. But guess what despite what you see on the sexy legal dramas and TV shows about the law, this is real life and its your life, your license, and your career. Its complicated to say the least.

Its not fantasy, fiction, make believe or a 60 minute TV show where everything will be resolved from the beginning to the end (plot, confession, adjudication, and beers for everyone afterwards) in an hour including commercials.

For a nurse its the beginning of a State Nursing Board investigation and a criminal investigation and possible charge or indictment for drug theft or illegal processing of drug documents. Instead of 60 minutes from beginning to end, think 60 months.

Its Nurse Reality and Nurse Actuality TV and you are the Star. Are you trying to have your Law & Order moment? Please advise....

Advancing Forensic Healthcare: Innovations from the Criminal Justice Perspective

Regional Forensic Council Presents:

Advancing Forensic Healthcare: Innovations from the Criminal Justice Perspective

6th Annual Educational Conference

Wednesday, March 3, 2010 in Greater Cincinnati, Ohio

See Download ForensicNursingconferencemarch2010

Taking Charge: What Every Charge Nurse Needs to Know. A free webinar for nurses

I registered to attend this free webinar offered by the Institute for Nursing Research & Education on Tuesday, January 26, 2009 from 2pm to 3pm.

See  https://www2.gotomeeting.com/register/986975451.

Nurses Day at the Statehouse or Nursing Legislative Conferences

If you can try to attend the Nursing Legislative Conference offered by your state nurses association. Nurses Day at the Statehouse in Ohio is already booked completely!

See Ohio Nurses:

http://nursesdayatthestatehouse.wordpress.com/

See Kentucky Nurses: The conference is February 9th in Frankfort, Kentucky.

http://www.kentucky-nurses.org/legday10.htm

See Indiana Nurses: The conference is February 17th in Indianapolis, Indiana.

http://www.indiananurses.org/

Nursing Conferences in 2010: How Many Will You Attend?

I am registered for attend an addiction and substance abuse conference this month in Lexington, Kentucky.

I am trying to decide which conferences really relate to my practice as a 'RN and a license defense attorney and would further my knowledge base and/or add to my law or consulting practice.

I am considering the following conferences for 2010:

The American Association of Legal Nurse Consultants (AALNC): http://www.aalnc.org/. The conference is March 24-27th in Pittsburg, PA. I can drive to Pittsburg from Cincinnati or I can take a direct flight from Cincinnati for less than $450.00 and be there in 90 minutes. I really like the content. See the website.

National League for Nursing (NLN): http://www.nln.org/summit/index.htm. The conference is Sept. 29th- October 2nd in Las Vegas. If you follow this blog then you know I am always looking for a reason and tax deduction to attend a nursing conference in Las Vegas. I have heard really positive remarks about the NLN national conferences.

Ohio League for Nursing: I am planning to attend the pre-Summit on legal issues in nursing education (I attended the pre-summit on legal issues a few years ago in Michigan and it was very informative) on March 25th. See http://www.ohioleaguefornursing.org/. If I attend the OLN pre-summit for legal issues then I can't attend the AALNC conference.

I am thinking about attending the Nursing Symposium only because I promised to take my maternal grandmother to Las Vegas this year (again) and I can submit a poster presentation for this conference and write off my flight, conference registration, and lodging. See http://www.nursingsymposium.com/. I have to take my granny to Las Vegas so it will be either this conference or the NLN Conference in Sept/Oct.

The FARB Attorney Certification conference takes place in Washington, DC in October. See http://www.farb.org/mc/page.do?sitePageId=99237&orgId=farb/

I am also waiting to see if there will be a NOAP conference in 2010. I have heard really good things about these conferences also. See http://www.alternativeprograms.org/index.html.

I will also attend the Ohio State Bar Association Administrative Law Conference this year. Last year, the conference was 07/08/09 (my wedding date) and I was not able to attend.

Are you attending any local, state, regional, or national conferences this year? I am playing it safe this year and will try to attend local or state conferences and then fill in the gaps with webinars and teleconferences.

Does the Facility Attorney Represent Your Interests in a Nursing Malpractice Case where a complaint is filed against you with the State Nursing Board?

I am seeing more cases where there is a pending or forthcoming nursing malpractice case and a complaint is filed against the nurse with the State Nursing Board. If you have a pending State Nursing Board complaint and you know or suspect litigation is forthcoming and you will be the subject or a subject in the litigation, please contact and speak with an attorney who is not employed by your facility or former employer. Consult with an attorney who is not connected to the forthcoming litigation about your license.

I have been involved in several cases where a complaint is filed against a nurse and the in-house attorney or the attorney retained by the healthcare facility (outside/external defense counsel) is "involved" with the nurse in the State Nursing Board complaint investigation and adjudication because nursing malpractice litigation is pending or forthcoming. 

You tell me whose interests is this particular attorney protecting, the healthcare facility or the nurse. While the interests of the nruse and the healthcare facility may be similiar and may line up together to a certain degree at some point those interests of the healthcare facility and the nurse may not be the same depending on the allegations in the malpractice complaint and what comes out in discovery and what is reported to the State Nursing Board.

Do yourself a favor and at least speak with an independent attorney or hire an attorney to represent you before the State Nursing Board and to serve as your own personal counsel in any nursing malpractice litigation. If you have professional liability insurance with a license defense benefit, contact your insurer.

Home Care Isn't For Everyone: Home Care as the Next Frontier for Nursing Liability related to Nursing Malpractice and State Nursing Board Complaints

Working in home care is alot different than working in a nursing home or a hospital. You certainly have more autonomy and less oversight for your actions and omissions in home care which can be a positive or a minus. Home care nursing isn't for everyone. I am seeing more cases and receiving more inquiries about home care issues than I used to in the past.

Professional boundary violations, practice deficiencies, allegations of drug theft, failure to perform CPR, mismanagement of medication, fraudent documentation, misuse or theft of patient property, ineffective communication with physicians and other team members, failure to use patient equipment in the proper manner, etc.

If you are transitioning into home care from another practice setting make sure you have a proper orientation and ask tons of questions. IMHO, a proper orientation isn't shadowing someone for a day or two and a day of paperwork and videos in the office.