This week at least three nurses have contacted my firm about Alternative to Discipline Program contracts.
What is an Alternative to Discipline Program? See http://www.aana.com/Resources.aspx?id=1150
Your State may have an Alternative to Discipline Program for Addiction.
Your State may also have an Alternative to Discipline Program for Practice Issues.
For example in Ohio, we have two Alternative to Discipline Programs: one for chemical dependency and one for practice issues. See http://codes.ohio.gov/oac/4723-6 and http://codes.ohio.gov/oac/4723-18.
Most states but not all states have an alternative to discipline program for chemical dependency for nurses.
These programs are wonderful! But there is a catch. There is always a catch. The catch is you are signing a legal contract and agreement and you are bound by the terms and conditions in this contract or agreement.
What I am seeing is that most nurses are presented with the contract or agreement in response to a complaint, self-report, etc. and just signing on the dotted line. Actually signing on multiple dotted lines because in most contracts and agreements you have to sign and/or initial multiple provisions.
So for alot of nurses, its not until you are 1-2 months into the agreement or contract that you realize the finality of the agreement or contract and the far-reaching implications for your nursing practice, career, and your life from this point forward until the end of the agreement or contract. This can be overwhelming to say the least.
If you are presented with an Alternative to Discipline Program agreement or contract by your State Nursing Board or a program affiliated with your State Nursing Board or State Nurses Association, talk to a license defense attorney.
I am not saying by any means that you should not enter into the program but you need to know the pros and cons of the program and you need to receive objective advice from a state licensed attorney acting on your behalf.
You don't have to retain an attorney and spend a few stacks on a retainer or flat fee. http://www.urbandictionary.com/define.php?term=stack
You can pay for a consultation with an attorney. We offer 15, 30, or 60 minute telephone consultations.
I am always surprised by the number of the nurses who contact my firm and want me to just review contracts, agreements, or answer one or more questions without establishing an attorney-client relationship in the form of a one-time consultation or retaining me for representation, counseling, and advising on a on-going basis.
A consultation with an attorney may cost you a hundred or so dollars, but isn't this worth it to you to receive objective information, counseling, and advise about the contract/agreement you are signing that will bind you for the next 3-5 years?
I kid you not, we had a nurse call the office this week who was charged with shoplifting and allegedly stealing items from a store with a value of less $200.00. My assistant suggested the nurse schedule and pay for a 15 minute telephone ($100) consultation with me to discuss her criminal case, how the criminal may impact her license (its LPN renewal this year in Ohio and Indiana and RN/LPN/APRN in Kentucky), and to receive objective advice and counseling. The nurse told my assistant if she had $100.00 she wouldn't have stole the items from the store.
Wow! This is my 2010 response to remarks or actions where I would normally use an expletive as I am trying to stop using profanity and curb my potty mouth. Wow!
I know we attorneys get alot of bad press. http://www.answerbag.com/q_view/38080
We are portrayed by the media http://www.wisegeek.com/why-do-lawyers-earn-so-much.htm and seen by the general public as being greedy, money-grubbing, power seeking ambulance chasers or rich snobs whose only goal is to bleed you dry like a vampire who hasn't fed in a week. http://www.famguardian.org/Subjects/LawAndGovt/LegalEthics/42ReasonsHateLawyers.htm
That's not always true. There are alot of us who care about our clients and the industries we represent. If you have an issue with your nursing license chances are you may need a lawyer. Everyone wants something at no cost, low cost, or no cost but how realistic and practical is this in today's society.
There isn't a Legal Aid for the legal, workplace, and regulatory issues nurses, nursing students, NCLEX-Applicants, and individuals considering nursing as a career. What is Legal Aid? http://www.lascinti.org/.
Hot damn, maybe there should be a Legal Aid for Nurses!!!
If you are presented with an alternative to discipline program contract or agreement:
1. Speak with an attorney and have your contract/agreement reviewed by a nurse license defense attorney in your state or jurisdiction; and
2. Research this issue online.
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