I spoke with a nurse this morning who is very upset about a pending State Nursing Board case. The nurse spoke with a someone from the State Nursing Board in 2006/2007.
1. First Issue:
The nurse did not realize or understand that a complaint was filed against his/her license in 20062007 until I spoke with him/her today.
-----------------------------------------------
The nurse was told by the person who contacted her from the State Board (who was an investigator) that nothing will probably come out of this issue.
2. Second Issue:
If you want objective legal advice and counseling about a complaint filed against your license with the State Nursing Board, maybe, just maybe you should speak with an attorney.
----------------------------------------------
The nurse forwarded a written statement to the Board. The nurse later thinking the issue had been resolved threw away all of the documents and correspondence related to the license issue. The nurse assumed the case has been resolved because the nurse had not been contacted or heard anything from the Board in almost 3 years.
3. Third Issue:
Check your State Nurse Practice Act regarding a statute of limitations in State Nursing Board investigations and cases.
If this upsets you, contact your state legislator or your State Nurses Association to voice your concerns.
---------------------------------------------------
The nurse has professional liability insurance with a license defense benefit but did not seek legal representation in 2006 because the nurse didn't think it was necessary.
4. Fourth Issue:
What is the purpose of having professional liability insurance with a license defense protection benefit if you don't use the policy and the benefits when a complaint is filed against your license with the State Nursing Board? You have a policy which most nurses don't have in these types of cases and then you don't use it because you don't think its necessary. WOW!
This is what happens when you represent yourself. There is a tendency to minimize and rationalize the incident or the conduct involved. My favorite is:
Why would I need an attorney? I didn't do anything wrong!
Right and wrong from a moral perspective is a hop, skip, leap and jump well away from violating one of the many provisions of the State Nurse Practice Act and/or the State Nursing Board regulations.
---------------------------------------------------------------------
The State Nursing Board is now proposing action against the nurse's license, probation and monitoring for a period of time. You decide its finally time to consult with an attorney.
5. Fifth Issue:
Sometimes an attorney can work wonders but I must admit my magic wand overheated and is being repaired and I am saving all my Pixie Dust for working out my own personal issues. Just kidding, I have a spare magic wand in the garage and an unlimited supply of Pixie Dust in the basement!!
You have represented yourself, for better or for worse up until this point and now you want to consult with an attorney in the 10th round of a 12th round heavy weight boxing match. You are on the ropes and being beat down and strangely you didn't even know it.
I say its heavy weight boxing match because anything involving your license involves your money which involves your livelihood and its heavy (regardless of whether or not you realized it).
The 11th round is a hearing and the 12th round is an appeal at this point if you challenge the proposed action.
If you accept the proposed action, the 11th round is probation/monitoring and the 12th round is post-discipline implications of having action taken against your license by the State Nursing Board.
----------------------------------
Long post and I am typing fast on my lunch break so please excuse the typos. What's the bottom line? If you had a complaint filed against you with the State Nursing Board several months or years ago and you have not received correspondence from the Board indicating the case file has been closed or resolved, the case may still be pending.
Comments