I spoke with a nurse yesterday who may have a State Nursing Board investigation in the works related to the refusal to perform a UDS for reasonable suspicion. The nurse resigned from her position on a medical ICU when approached about Pyxis discrepancies and "other" issues.
The nurse told me she has received information and advice from EVERYONE about what to do, what not to do, and how this will play out as far as possible criminal charges, the State Nursing Board, future employment, and long-term educational plans for graduate school. Wow!
You only have to go on-line to one of the many nursing chatrooms or forums to receive information about how to proceed and what typically happens in these types of cases. There is certainly a need for these types of boards and forums with respect with nursing and nursing issues. But, where do you as a licensed professional draw the line? There are alot of angry nurses on some of these online forums, chatrooms, and boards who scare the crap out of fellow nurses with respect to licensure, legal, regulatory, and workplace issues.
Sometimes, just sometimes you can get what you need from an online forum, chatroom, or board. Maybe you can get enough information to successfully navigate the Nursing Board investigation and evidentiary hearing process without the assistance of an attorney. I tell everyone who contacts my firm, the majority of nurses in State Nursing Board cases represent themselves, for better or for worse. For better or for worse, like marriage vows, pumpkin.
By the way, State Nursing Board agreed orders, consent agreements, and settlements are contracts, like marriage vows, baby. Self-representation is a right in the US but I don't think alot of us realize that sometimes just sometimes we are essentially butchering our license, career, and future employability in alot of these cases.
Some of the information on these online forums, chatrooms, and boards is good information but alot it you have to take with a grain of salt. I have actually spotted one of my clients in online forum, LYING about her case.
What's the bottom line? We are all educated adults and licensed professionals. At the end of the day, its your license, your livelihood, and your career and YOU are accountable for your actions or inaction related to your license, your livelihood, and your career.
You decide how you want to proceed when you are being investigated by the State Nursing Board or when you have a license, regulatory, workplace, or legal issue. If you can get what you need online and you are comfortable with representing, counseling, and advising yourself before the State Nursing Board, then by all means, flame on! I hope you can get what you need to proceed (without hiring an attorney) online as there is a vast amount of information on the internet.
However unlike the human torch, you may not be able to sustain the flame without "real" legal assistance as the weeks, months, or years toll by in these cases. http://en.wikipedia.org/wiki/Human_Torch.
Real assistance is around the corner if you are in Ohio, Kentucky, and/or Indiana. I am waiting for your call, email, or fax. I will be around. http://www.youtube.com/watch?v=1F5RNdmVTdg
If you need specific, objective, and independent advice and counseling about how the nursing law and rules apply to your facts or you want representation for your own piece of mind then you have to speak with or retain an attorney. Attorneys have a monolopy on dispensing legal advice in the US (for better or for worse) and although everyone and their momma wants to be a legal scholar, only a licensed attorney can represent you, counsel you, and advise you on Nursing Law, Legalities, and Legal Issues. And that's a fact, Jack. http://www.imdb.com/title/tt0083131/quotes
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