Nursing Law & Order

Are the allegations in your State Nursing Board complaint as complex as a John Grisham novel? Then here is your sign and you need a lawyer!!

I am seeing more new grads being reported to the State Nursing Board and complaints that are much more complex than 3-6 years ago.

Money is tight for most in this country now. I know alot of nurse license defense attorneys in Ohio, Kentucky, and Indiana and across the country and I don't know any attorneys who work for free or pro bono in these types of cases because the cases are long and tedious. Its administrative law and to be expected.

If you need to hire an attorney borrow the money from a friend, relative, or pull it from a retirement or savings account. Maybe you should postpone the family vacation which may be the last vacation if your license is restricted or revoked anyway because of your failure to appreciate the seriousness of the charges and allegations at hand.

We just paid an attorney to draft our estate plan. It costs money but its money well spent in the big scheme of things. So many nurses will say "I cannot afford an attorney" when the phrase should be "this is my license and my livelihood and I cannot afford not to have an attorney."

Complex and a fact pattern from a John Grisham book=attorney representation.

How do you know if your case is complex and complicated? Contact a license defense attorney. Any attorney who practices in the field should be able to give you the "skinny" on what you are facing when defending your license before the State Nursing Board.

Also if your case involves anything of the following you really need to speak with a nurse license defense attorney ASAP:

1. Substance Use and Abuse or Theft of Drugs. Anytime, I mean anytime you are stealing drugs you need a lawyer, NOW, and I mean like yesterday. Theft of drugs is a felony and this cases are long and resolve over an extended period of time; think years boo boo not days, weeks or months.

a. If you stole drugs from work and you are a nurse=retain a license defense attorney

b. If you deny stealing drugs from work and you are a nurse=retain a license defense attorney

c. I am trying to make a point here because I see so many nurses who have a substance use and abuse disorder repping themselves before the State Nursing Board, sometimes with success and alot of times with anger, frustration, and eventually leaving the profession. Spend the money and retain a lawyer. Nurses will drop several bands (that's slang for one thousand dollars) on a vacation, private school child, college for an adult child, or for a home remodel but will not in general make the same or similiar type of investment in themselves for legal representation, counseling, and advising which allows one to maintain the license, livelihood, and a career.

2. Prescription medication and suspected impairment;

3. NCLEX-RN or NCLEX-PN Applicant disclosing criminal, mental health, or substance abuse info to the State Nursing Board;

4. Misdemeanor or Felony Conviction(s) and License Renewal and Initial Application for Licensure;

a. If you are a LPN and working on your RN or if you are a RN and working on your APRN and you have a complaint pending against your license with the State Nursing Board, hire a lawyer.

5. You reportedly failed to establish and maintain professional boundaries with a client, patient, or family member;

6. Professional Sexual Misconduct;

7. Cognitive, Mental, or Behavior Impairment and Unsafe Nursing Practice Allegations;

8. Allegations of Falsfication, Destruction, or Tampering with Documentation or Falsification of a License Renewal Application;

9. You are licensed in several states by endorsement and you are facing investigation in one or more states;

10. You are a nurse practicing in Compact State and being investigated by another State Nursing Board outside of your Home State;

11. You test positive for a medication or drug and you don't have a script;

12. You allegedly practiced outside of your Scope of Practice. Scope of Practice allegations are serious and please don't blow these off;

13. You have prescriptive authority and you have prescribed outside of your legal boundaries;

a. If you are a APRN and you are reported to the State Nursing Board for anything, you need a lawyer. This includes CRNAs, CNMs, CNS, and NPs.

b. If you are a APRN, hire a lawyer because discipline can impact credentialing and privileging and has alot of consequences for your career that may not be readily apparent now.

14. Medical errors which result in patient harm or death;

15. Any action or inaction that results in patient harm or death;

16. You are being investigated by two or more State Nursing Boards or you hold licenses in several states;

17. You are charged with a felony or misdemeanor, you may plead to a lesser offense, and you don't know what it means for your license;

18. You are a dually licensed professional, meaning in addition to being a RN or LPN you are also a RT, OT, PT, MT, therapist, counselor, dentist, or you have independent provider. Action against one license impacts the other license so get an attorney involved in the beginning of the first investigation. For example if you are a RT and a RN. If you RT license is disciplined then this must be reported to the State Nursing Board and this starts another investigation.

19. You are being encouraged to "self-report" to the State Nursing Board by your employer or a former employer

20. You are a new nurse (0-3 years) and a complaint is filed against your license with the State Nursing Board.

Call my legal assistant Jaren directly at 513-328-8217 or contact my office at 888-571-1110 if you have an issue with the Ohio, Kentucky, and/or Indiana State Boards of Nursing.

I called the State Nursing Board to expedite the investigation and resolution of my case

Several nurses who are repping (which means proceeding "pro se" and without attorney representation) themselves before the State Nursing Board have told me this just this month.

Just a few suggestions:

1. There is a process and procedure to State Nursing Board complaint investigations and adjudications;.

2. Your case is important to you of course and you want to resolve the pending complaint ASAP but again there is a process and procedure to State Nursing Board complaint investigations and adjudications;

3. Your case is important to you of course but there are several hundred or thousand complaints and/or cases pending or being processed with a State Nursing Board at any given time which is why there is a process and procedure for complaint investigations and adjudications;

4. Consider hiring a nurse license defense attorney to explain the process and procedure of State Nursing Board complaint investigations and adjudications to you and guide you through the process. This removes the guesswork and frustration you are experiencing from contacting the State Nursing Board once a week or every other day by phone, email, or fax and saying screaming "what's going on in my case!"

5. If you cannot afford to hire an attorney, then borrow the money from a friend, family member, or w/d it from your 401K or 403B. Attorney representation in these cases is just that important.

Is there really a nursing shortage? Depends on where you live and who you ask

See

http://abcnews.go.com/Business/nursing-job-bet/story?id=10711440&page=2.

Make sure you read the comments.

Winging It: I received a certified letter from the Ohio Nursing Board and its a Notice of Opportunity for a Hearing

The Ohio Board of Nursing met last week and Notices for an Opportunity for a Hearing were issued. The Notices are sent by certified mail to the nurse and if represented by legal counsel, to the attorney of the nurse. I receive one Notice already this week, how about you?

If you were "noticed" you will receive the certified letter this week by mail or next week by mail. If you were noticed you should seriously consider retaining legal counsel to represent you before the Board and at your hearing.

You need to seriously consider retaining a nurse license defense attorney. What is a Nurse License Defense Attorney? See this brochure from the Center for American Nurses (www.centerforamericannurses.org) at Download Nurselicensedefenseattorney.

I know I say this a few times a week or several times a month but nurses if you are involved in a State Nursing Board complaint you really need to consider retaining an attorney to represent you before the Board of Nursing at the beginning of the investigation. You can retain an attorney two weeks before a scheduled hearing if you like or you can retain an attorney after your license has been disciplined. Its your decision and its a decision that shouldn't be made lightly.

I have already spoke with three nurses this week who received Notices from the Ohio Board of Nursing.

State Nursing Boards cases are becoming more and more complex depending on the nature of the complaint and the attending circumstances. Far to many nurses fail to appreciate just how adversarial these types of cases are before a State Nursing Board and decide to "wing it." Wing it means you represent, counsel, and advise yourself or seek "legal" advice and counseling from peers, online nursing forums, and others.

Just a few words from someone who defends these cases for a living and loves it, I mean "loves" it:

1. There is a tendency to minimize and rationalize the behavior, actions, or inaction involved in a State Nursing Board case when you represent yourself because "you can't see the forest because of the trees." If you can't see the forest because of the trees how in the hell are you going to develop legal strategies for the defense of your license? Just something to consider;

2. The State Nursing Board staff may be nurses and the State Nursing Board members may also be nurses but remember their role is to protect the public from unsafe nursing care; its not to advocate for nurses, to advise you on your options, or tell you what you need to do in your case. Its not the role or job of Nursing Board staff to tell you "hey, you might need to hire a lawyer to assist you in your case." Don't get it twisted!!

3. You are way out in left field (and I am left handed)  if you don't realize the State Nursing Board has staff including nurse investigators, nurse attorneys, attorneys, and others involved in investigation, prosecuting, and the adjudicating  complaints. State Nursing Boards are not small "mom and pop" operations; State Nursing Board are state regulatory agencies with multi-million budgets and lots of staff to support the work and charge of Board Members. From DAY ONE when your complaint is being processed the Board is investigating the allegations and looking at this case from a legal and nursing perspective. So please please please rethink the "if I hire an attorney it makes me look guilty" line. If you have a complaint filed against your license you are "playing in the big leagues" whether you realize it or not as the State Nursing Board has attorneys in-house and outside legal counsel related to the investigation and adjudication of State Nursing Board complaints.

APNs Barriers to Practice Survey by the Ohio Association of Advanced Practice Nurses (OAAPN)

See Download 5.2.2.1%20OAAPN%20Survey.

Just my two cents but the cumbersome law/rules agreed to for APRN prescriptive in authority as a "foot in the door approach" and truce between dueling medical and nursing professionals associations here in O-HI-O are more difficult to amend than initially imagined. Sometimes just "getting a foot in the door" isn't the best approach to legislation and opening the Nurse Practice Act and in hindsight maybe a "do or die" , "do it or die trying" , or "all or nothing" approach to prescriptive authority was needed here in O-HI-O.

Just compare and contrast prescriptive authority for APRNs (excluding CRNAs who of course did it the right way initially for the most part. CRNAs and their national and state prof. associations are on the ball I tell you!!!) in Ohio, Kentucky, and Indiana. Its like comparing fresh spring water and sweat tea to flat and warm Pepsi. You can drink the Pepsi if if you have to but its nothing to look forward to consuming. 

 

 

 

I am presenting on the Kentucky Nurse Practice Act and Nurse License Defense at the TAANA Pre-Conference

I was asked to present on the Kentucky Nurse Practice Act and/or License Defense at The American Association of Nurse Attorneys (TAANA) pre-conference for nurses and other licensed healthcare professionals in Lexington, Kentucky on October 21st in Lexington, Kentucky. This pre-conference is usually marketed to nurses but may be expanded to include other licensed healthcare professionals.

See http://www.taana.org/Public/false7.asp.

As more information becomes available about the pre-conference I will post the information on this blog.

Applying for a license by endorsement, self-disclosure, and State Nursing Board complaints

If you are moving to a new State, planning to work in a new State, or just thinking about obtaining a license in new State and you will have to disclose previous Board action, substance use and/or abuse, mental health, or other issues on the State Nursing Board Application for Licensure by Endorsement, talk to a license defense attorney in the State where you are applying for a license BEFORE you submit your application.

I had someone tell me this week "I don't have a few thousand dollars to pay an attorney to represent me before TWO State Nursing Boards." Okay and that is understandable. But guess what? You could have saved yourself some cash if you had a RISK MANAGEMENT type approach to managing the legal risks and potential liabilities presented in nursing practice and consulted with a license defense attorney or researched own your own your options before you submitted your application for licensure by endorsement.

I can understand the frustration and I can understand the anger as I tend to angry also on a daily basis about why the fresh coffee from my $19.95 coffee maker isn't hot enough. Why should I have to microwave my fresh coffee when I have an expectation that the coffee should be hot. Damn it why isn't my coffee hot enough! Maybe I should purchase a $29.95 coffee maker.  

I am a lawyer and I would never try to represent myself. I am always surprised even after 13 years of law practice how many nurses rep themselves before the State Nursing Board. Again, you can rep your hood, rep your block, rep your city, so why not rep your nursing license, right? http://advocatefornurses.typepad.com/my2cents/2009/10/indiana-nursing-board-hearing-and-repping-yourself-.html

Some nurses depending on the complexity of the case and if its a fairly minor violation can and do coast through without attorney representation and successfully resolve their case on their own. But I have to tell you most folks tend to see their cases as "minor" and rationalize the actions or conduct involved. Its human nature and that is why you have an attorney to assist you to point out the not so obvious.

But guess what? I am seeing more complex cases involving two or three State Nursing Boards, substance abuse and criminal convictions, prescription drug use and impairment at work, mental health isssues impacting the practice of nursing, multiple standard of care violations, Board of Nursing complaints and nursing negligence lawsuits, and my favorites: good old fashion professional boundaries and professional sexual misconduct and  falsification, fraud, destruction of documents, deceit, and deception.  An APRN licensed in Ohio, Kentucky, and Indiana contacted me this month about a licensure defense issue, I had to use my finger, toes, and a calculator to tabulate the fee.

So yes of course and by all means, continue to represent yourself. But if the defecation hits the ventilation in your State Nursing Board case don't yell, argue, swear, or be a "nasty Nancy" with 1. State Nursing Board staff or 2. the Nurse License Defense Attorney you contact because its your license, its your case, and you decided (whether you realize it or not) to represent, counsel, and advise yourself before the State Nursing Board without the assistance of an attorney.  

I pled to a misdemeanor, so don't felony me!

I think this is a line in a West Coast rap song. I will have my legal assistant try to find the name of song or maybe I can write the lyrics.

The summer is coming and that means license renewal time. I am smiling from ear to ear writing this post because RN and LPN license renewal makes me want to dance. I can do the money dance from June 1st to October 31, 2010 because its nursing license renewal time in Ohio, Kentucky, and Indiana. I am also receiving more inquiries from other licensed healthcare professionals related to license renewals: RTs, PTs, OTs, etc.

If you have to self-report a criminal conviction or another Board action on your LPN license renewal application, you need to speak with an Ohio license defense attorney before you submit your application. This does not mean you are REQUIRED to retain an attorney but you should speak with someone about your issues because it ain't all smooth sailing when you disclose criminal convictions to the Ohio Nursing Board.

RNs and LPNs in Kentucky are renewing this year also and have to disclose criminal convictions and other issues to the Kentucky Board of Nursing.

In Indiana, its LPN renewal this year I believe. I am sure someone will correct me if this is incorrect.  

Don't want to speak with an attorney or don't want to retain an attorney? I am not offended and I certainly understand but do your research. Review the Board's website, read the Board newsletter, and get an idea of what to expect going forward when you self-disclose information on your nursing license renewal application.

And don't even think about falsifying your renewal application. That's when things really get ugly and I am receiving more phone calls and inquiries from nurses and NCLEX-Applicants who have failed to disclose and report information on the initial applications for licensure and/or the license renewal applications.

In some states, this is grounds for revocation of your nursing license.

Think and then think again before you intentionally or negligently fail to disclose information on your State Board of Nursing applications. When I receive calls or emails or faxes in these types of cases, I scramble to find my calculator to compute my fee. No, just kidding:)

I apologize: most of my blog posts recently were not open for comments

This is my fault. I am accepting comments and I love comments to this blog. I will make sure in the future my blog posts are open for comment.

Are Skilled Nursing Facilities the best work environments for RNs? I say NO and you need the MAX

Skilled nursing facilities are not the best work environments for RNs. I am seeing more RN terminations, LPN terminations, State Nursing Board complaints, and other issues stemming from CNAs "double teaming" or "triple teaming" the RNs usually or sometimes the LPNs, reporting false information to the DON and Administrator which then causes licensure, workplace, or career issues for the nurses.

I will say it again, skilled nursing facilties are not the best work environments for RNs. I had to tell one of my clients from 2005 this just yesterday when she called me regarding "he say she say" issues at a nursing home in Columbus, Ohio.

Skilled nursing facilities are not the best work environments for RNs. Why?

1. The staffing at the a nursing home pits RNs against LPNs because the staffing and work assignments are not written with the State Nursing Practice Act and the principles of delegation in mind. This sets up a constant battle at some facilities between RNs and LPNs, LPNs and STNAs, and RNs and STNAs.

2. There is NEVER enough time to do what needs to be done and perform the assigned tasks in a shift for the residents. Oh but guess what the facility doesn't want its nurses to work any OT. So what do you do?

3. Nursing homes are highly regulated, for a reason I might add. Any incident needs to be reported to the "MAN" or "to the State." What this means for nurses is because we bear most of the accountability and responsibility for patient care, the buck stops with the LPN and/or the RN. The nursing home blames the nurse, fires or writes the nurse up, and reports the nurse to the State Nursing Board.

4. The turnover rates with nursing home administrators, DONs, and unit managers is comparable to the waitress/waiter turnover at your local Waffle House. There is turnover galore from the top to the bottom and from the bottom to the top in nursing homes. So as a RN you are working with different administrators, DONs, unit managers, CNA, LPNs, and other staff every couple of months. What's up with this?

5. I have drank 4 cups of coffee and I am going to say it bluntly here this morning. RNs you have alot of options for employment and unless you LOVE geriatrics you need to do a cost benefit analysis before you decide to work in a nursing home. When you interview for a position, you need to interview your employer and ask around before you jump in head first into the deep end of a concrete swimming pool with 5 inches of water.

6. Any nurse who works in a nursing home needs professional liability insurance with a license defense benefit. You need the max in coverage in baby. Working in a Skilled Nursing Facility as a LPN or RN=MAX in Professional Liability Insurance Coverage with a License Defense Protection Benefit. Go for and obtain the MAX! You may really need it.

7. If you are a RN and you just have to work in a nursing home, work part-time at the SNF and part-time elsewhere or per diem at the SNF and FT or PT elsewhere so that you are bogged down "day and night" with the drama.

8. If you are a RN and you just have to work in a nursing home, move up to management. Which may or may not be too much better because I have alot of legal consultations with nurse managers in SNFs in Ohio, Kentucky, and Indiana and you are starting to see more lawsuits where nurse managers in SNFs are being named as defendants in nursing home negligence cases.

9. If you work in a nursing home FT, develop a risk management plan for your nursing practice. Documentation is extremely important. I read in an article written by an attorney who represents nursing homes that staff in a SNF should provide care first and worry about documentation later. Excuse me? This attorney obviously does not represent nurses before the State Nursing Board.

Your license will not survive a patient care first and then documentation last attitude in a SNF and you will emerge from the State Nursing Board investigation and evidentiary hearing with scars and wounds because you "knew better." Its a do or die mentality in some of these SNFs. RNs and LPNs are being treated like fungible and at-will employed employees who can be tossed about, thrown in the air, and replaced at any time like a garbage bag on a large roll.

10.  You know when its time to leave a facility. Trust your instincts. Don't let your pride get in the way or the fact that its "your hall" or "your cart." Its your license on the line and quite frankly that is the most important item on your agenda because with your license you can work ANYWHERE. You are not licensed by your SNF, thank God, you are licensed by the State and you can practice SOMEWHERE ELSE. There isn't any institutional licensure of RNs and LPNs and I think some SNF administrators need to be reminded of this.

Don't sweat the small stuff and allow the drama in a nursing home to consume you. Keep it moving because you have alot to offer. There is a reason why you see so many nurses working just a few years here, a few months there, and a couple years....

Keep It LEGAL: My Presentation to a Group of Senior Nursing Students on Legal Issues

I spoke to a group of nursing students this week on legal issues in nursing practice. I warned these future nurses you are more likely to reported to the State Nursing Board in your career than you are to named as defendant in a nursing malpractice case. I have them the following advice: Keep it LEGAL.

L   Stay abreast of the Nursing Board laws and regulations in the state(s) where you practice or hold a license;

E   Make sure you have the education, experience, and expertise to practice in a particular area by polishing

   your knowledge, skills, and abilities in your practice area(s). Keep a nursing portfolio in your home.

G     Good Behavior. Keep it professional at work. Refrain from criminal conduct in your personal life and at

   work. 

A     Associations. Join national, state, or specialty nursing associations and read the journals, guidelines, and

  practice statements published by the association. This helps you stay abreast of the standard of care and

  patient safety issues in your practice. Also nursing associations advocate for nurses.

L   Liability Insurance. Consider purchasing your own individual professional liability policy with a reputable

    insurance company which insurers nurses and other licensed healthcare professionals. Make sure the

    policy has a license defense protection benefit to cover legal fees and costs in State Nursing Board

    investigations and evidentiary hearings.  

I wished the students my best because its a jungle out there in the cut-throat, at-will, non-union, and dog eat dog  environment in some healthcare orgs. Anytime you have a profession/occupations dominated by women, it can be ugly.

I hope these soon to be new nurses have lady luck on their side and find employment in a decent facility, on a decent floor, unit, hall, or wing, with a decent nurse manager and nursing supervisors and charge nurses, with decent mentors and preceptors, and with decent nurse peers and colleagues who don't throw "new nurses" to the wind.  

I smoked pot on a cruise with my husband and it changed my life!

I am a LPN. My husband and I went on a cruise and I smoked pot. I wasn't working as a nurse at the time but decided to apply for a position a week after returning. I tested positive for THC. I have never had even a speeding ticket. I did a year of probation, 12 months of urine drops at $50.00 month.  My name appeared in the Board newsletter reporting my discipline and I am on the "bad nurse" list posted on the Board website. Its been several years and I can't find a good job. You can't make mistakes in nursing even with the Board knowing in the beginning nursing started with hookers and alcoholics. I gave it up and I am going back to school for something less demanding and less degrading. I wish everyone luck. This is one of the reasons why there is such a nursing shortage. Nurses are people too!!!!!!!!!!!!

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Thank you for your comment. I wish you the best in your new career!

Closet Substance Use and Abuse and Addiction in Nursing: Do you need to come out of the closet?

I remind my clients, prospective clients, and individuals who contact my firm that I have been doing this for a while. I started my law practice representing individual healthcare professionals in 2001 and started to focus primarily on nursing in 2003. So I have heard it all and seen it all when it comes to nurse license defense because I practice law in three states and I am on the frontlines, baby. I won't say I have done it all because that sounds just plain ornery.

But anyway, if you are planning to hire an attorney to represent you honesty is the best policy. What is being honest? Providing your defense attorney with an accurate account of the incident, facts, and the complaint. Just say it as I tell my nephews. Keep it real and tell the truth. If you fracked up just say it and move on!

I personally have more respect for someone who says this is what I did and tell me what I am facing than someone who makes me "dance" to obtain an accurate picture of the facts and information in the case. Guess what I have learned to dance in my 13 years of law practice and I will dance my a%# off if necessary, then fire you.

When I have to dance to get to the bottom of a cess pool of lies, factual inaccuracies, rehearsed stories that sound like a Disney Fairy Tale, and just plain bull sh**, I am angry. Maybe I need counseling and therapy! It bothers me when when I am representing, counseling, and advising a client based on the information provided only to discover a different set of facts, circumstances, and information later. For me, I have to step back remind myself, the case and the license belongs to the client.

There are alot of nurses in the closet who abuse and misuse street and prescription drugs. These nurses would rather die (which may happen if they don't receive help) or live in a fantasy world and keep their use and abuse from friends, family, and significant others. These nurses don't want to be labeled as "dependent" or a "substance user" because they feel its the end of a nursing career. Its not an end unless you make it an ending, it can be a new beginning like Star Trek if you seek the right assistance in a timely manner.  

A license to practice nursing is a privilege, not a right. You do not have a right to practice nursing. Its a privilege conditioned upon you meeting the terms/conditions set forth in your State Nurse Practice Act and Board of Nursing regulations. There is always a provision in a State NPA addressing safe nursing practice, impairment, and dependency. You are gambling with your life, your license, your livelihood, and your career and you may crap out.  

IMO the nursing community has a long way to go as far as accepting nurses especially APRNs with substance use and abuse issues, chemical dependency, or mental health issues. The first step is however acknowledging you need help and realizing you are not fooling anyone but yourself. Usually family, friends, and others may already suspect something is amiss but they just can't put their finger in it.

Guess What? If I am representing you, you ain't "foolin" me.

I recommend this recorded webinar. Its Managing Risks when a Nurse takes Prescribed Medication. See www.centerforamericannurses.org.

LPN hanging an IV Antibiotic into a Central Line: Scope of Practice Violation but......

I am an LPN and hung an iv antibiotic into a central line. The patient died later that evening. He was 75 years old, had an extensive medical history and was a DNR. My supervisor did approach me stating "it was an untimely death". I did admit to hanging the IV Med, knowing the scope of practice for LPN's, that I shouldn't have but all the RN's were busy and I wanted to get my med pass finished as we were all very busy. Can I lose my license for hanging the IV?

I would suggest you do the following:

1. Contact a license defense attorney in your state or jurisdiction ASAP. I mean like yesterday you need to speak with someone to discuss this matter. Its going to cost you a few dollars but you should seriously consider attorney representation in this matter because of the seriousness of the allegations which you have freely admitted to performing. I am not sure if you have been reported to the State Nursing Board but if you practice in mandatory reporting state, then the incident should be reported to the State Nursing Board, but it may or may not depending on your facility, the administrator, and nursing management.

Will you lose your license? I don't know but I do know you need counseling and advising and possible legal representation. Scope of practice cases are serious. Contact a nurse license defense attorney. If you need assistance locating an attorney, see www.taana.org. TAANA has a nurse attorney referral hotline you can call for assistance. If you practice in Ohio, Kentucky, or Indiana, call my office at 1-888-571-1110 and leave your name, complete mailing address, and my legal assistant Jaren will contact you to f/u with you.

 

Fund Raiser to build and decorate float to celebrate nurses at the 2013 Tournament of Roses Parade

Here is part of an email I received today:

I wanted to share this exciting opportunity to  recognize nurses. Sally Bixby, RN will be President of the Rose Parade. Her presidency begins in January 2012 and ends on January 1, 2013 with the world renowned Rose Parade that is viewed by millions of people around the world.  We are raising funds to build and decorate a float, to honor and celebrate nurses, for the 2013 Tournament of Roses Parade. 

A core group of nurses in Southern California saw this historic opportunity to put nurses and the nursing profession on the international stage with a Nurses Float. The group formed the non-profit organization Bare Root Inc., Flowers 4 the Float whose project goals are:

-   To publicly honor and thank all nurses for the difference they make in the lives of patients and their families.

-   To use this event as a global recruiting tool for the nursing profession.

-   To generate excitement and interest in the profession of nursing and all it has to offer.

As a volunteer for the organization I would love the opportunity to work with you to raise awareness about our profession.  Together we can share information about the work nurses do using knowledge, skills and expertise to care for patients. These efforts will help to lift up and empower nurses around the world.  Learn more about the project on our website: www.flowers4thefloat.org.  Your donations will support this unique opportunity to recognize, celebrate nurses and speak about the nursing profession through Sally Bixby’s presidency. 

If each one of us reaches out to ten others soon information about this effort and our profession will reach around the world in nursing and the general communities.

Take time to smell the roses and make a difference.

Sincerely,

 Sara McMannus RN, BSN, MBA

One Potato, Two Potatoes, Three Potatoes, 4: One Complaint, Two Complaints, Three Complaints, 4

 If you have had more than one State Nursing Board Complaint and this isn't your first State Nursing Board investigation and you are seeking attorney representation, let your attorney know this upfront and initially. Don't hide it.

It really sours the attorney-client relationship when you speak with an investigator, staff, or an attorney from the Nursing Board and find out that a nurse has had two, three, or four State Nursing Board complaints filed against him/her and the nurse fails to disclose this information to you. You don't have to watch CSI or have forensic training to see a pattern if the allegations are similiar when a nurse has had multiple State Nursing Board complaints!

I terminate the professional relationship in these types of cases. Yes attorneys can and do fire clients, this attorney does anyway.

Why would you not tell your attorney this is your 2nd, 3rd, or 4th State Nursing Board investigation and complaint? Its deceptive because guess what if you have had that number of complaints then most of the time the Board is going to treat the pending complaint with a Priority One and Big Red status depending on the allegations. Your potato is hot!!

I have a problem with liars, but that's another story. I just feel that there are SO many other people a client can lie to like close friends, family, kids, and a spouse/partner so why lie to your attorney? This is the 2nd time a person has lied to me about previous State Nursing Board complaints this year and therefore this will be the first question I start asking when I speak with prospective clients. Is this your first State Nursing Board complaint and investigation?

I am revising my client intake form and this is the first question on the form in bold even before I ask for your name:

Have you ever in this lifetime or a previous life been reported to the State Nursing Board or any state or federal regulatory agency in this state, another state, another country, or on another planet?

 

Mad Busy with Nurses Week consultations: We are Setting it Off and having Nurses Month Consultations!

My assistant has been mad busy (this just means very busy) scheduling the Nurses Week Consultations http://advocatefornurses.typepad.com/my2cents/2010/04/nurses-week-i-am-offering-a-discount-on-telephone-appts-and-consultations-for-nurses.html this week in addition to our normal caseload.

I would like to keep this party going as there is obviously a need for legal consultations or workplace/career consultations at a discounted fee. I am a lawyer and I am usually very money hungry but I am also a RN.

How about Nurses Month consultations? You know we nurses have been accused of thinking healthcare revolves around us and well.....at my law office everything does revolve around nurses and nursing.

I am going to offer the discounted legal consultations for the entire month of May because we have been slammed with phone calls, emails, faxes, and inquiries. We are setting it off! http://youtube.com/watch?v=X6PnsBHy_hE&feature=related

We are scheduling discount $75.00 legal consultations (for nurses in Ohio, Kentucky, or Indiana) or workplace consultations for nurses in other states who want to speak with me about their issues for the month of May. 

This is a 50% discount from the usual fee/cost like what you receive at Big Lots, baby. If you are down and disgusted and you want to feel better immediately, take $40.40 to Big Lots and shop to you drop.

The telephone appts. are scheduled for ET and are available on the following dates/times for the month of May:

May 11th - May 14th from 4pm to 8pm

May 18th- May 21th from 5pm to 8pm ET

May 25th-May 28th 5pm to 8pm ET

My assistant will also schedule consultations on Saturday, May 15th, 22nd, or 29th from 12noon to 4pm.

Why would you need a consultation?

A. Do you have an Agreed Order, Adjudication Order, Decision, Consent Agreement, Settlement Agreement, or another Nursing Board document you would like reviewed by an attorney?

B. Are you currently on probation with the State Nursing Board and you would like for an attorney to review your agreement and discuss your case with you?

C. Is your nursing license suspended and you would like an attorney to review the terms and conditions for the reinstatement of your license with you?

D. Do you have a pending State Nursing Board complaint and you would like for an attorney to review the complaint and discuss your case with you?

E. Do you have an employment contract, return to work agreement, or last chance agreement you want an attorney to review?

F. Do you have workplace issues or concerns you would like to discuss with an attorney for guidance and direction?

G. Do you have a pending criminal case and you want to know how this may affect your license in Ohio, Kentucky, and/or Indiana?

H. Do you have a criminal conviction and you want to know how this may affect the renewal of your Ohio, Kentucky, and/or Indiana license in 2010?

I. Are you struggling with addiction, return to work issues, and need to speak with an attorney for general assistance and guidance?

J. Do you have action against your license in State A and want to endorse in State B and need general information and for an attorney to review your documents and discuss your case with you?

K. Do you have action against your license as a RN and you are wondering how this will impact your future licensure as a APRN or you are questioning whether or not you should return to obtain your BSN or MSN?

L. Do you have a legal, workplace, practice, or career issue(s) you would like to discuss with an attorney because you need objective information, advice, and counseling? For example, issues involving scope of practice, professional boundaries, impairment, prescription drug use and abuse, mental health issues, bullying, etc.

M. Are you an APRN with credentialing and privileging issues?

I am licensed to practice law in Ohio, Kentucky, and Indiana only and therefore I offer legal consultations to nurses with issues in these states.  I cannot give you legal advice for other states but I can discuss your case with you and review general information and provide guidance. For nurses outside of Ohio, Kentucky, and/or Indiana,  I offer workplace or career consultations. http://www.nursing-jurisprudence.com/legalconsultations.html. We have had nurses from the East Coast, West Coast, South, and Midwest schedule consultations this week.

What is the cost? The cost for a 30 minute telephone consultation for the month of May is $75.00. This is a 50% discount from the usual cost of a telephone appt. and consultation with me.

I am licensed to practice law in Ohio, Kentucky, and Indiana only and therefore I offer legal consultations to nurses with issues in these states.  I cannot give you legal advice for other states but I can discuss your case with you and review general information and provide guidance. For nurses outside of Ohio, Kentucky, and/or Indiana,  I offer workplace or career consultations. http://www.nursing-jurisprudence.com/legalconsultations.html

1. To schedule the consultation, call my office at 1-888-571-1110, provide your name, mailing address, and telephone number with area code to my receptionist. My legal assistant Jaren will then contact you to further discuss the specifics. Jaren can be reached directly at 513-328-8217.

2. Any documents you would like for me to review during the consultation should be faxed to me at 888-580-1119 or scanned/emailed to me at [email protected] PRIOR to the consultation as I need to time to review your documents.

3. Prefer to do everything online? You can also schedule an appt. online at   http://www.bookfresh.com/profile/157503739.  My assistant will then contact you to confirm the details. 

4. The $75.00 consultation and telephone appt. fee must be paid online. See http://www.nursing-jurisprudence.com/onlinepayments.html. Click on the $75.00 button. You can also pay for fee online via the bookfresh at http://www.bookfresh.com/profile/157503739.

5. Questions? Just call our office. We don't bite unless you owe us money.

I have 3 Felonies from 21 years ago and I want to be a RN

I am a  looking into being a RN and  I have had 3 felonies. The felonies are 21 yrs old  and I have not had  any trouble since. Should I try to apply for nursing school? I am 46 and the crimes were when I was 20.

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This is a comment I received over the weekend on this blog. I don't know what state you live in or where you plan to practice but I would suggest (this is just information, not legal stuff or legal advice)  the following:

1. Spend a few hundred dollars for an appt. either by phone or in-person with a nurse license defense attorney and RN-JD to further discuss your situation.

2. You want to discuss your entry into nursing school, your suitability for initial licensure as a RN, and your employability with an attorney who knows about nursing.

3. DO NOT rely on what others tell you and what you see online. You need to speak with a nursing law attorney and have the attorney review your criminal convictions, details of your probation, and discuss the specifics of your case with you.

4. There is NO point in going to nursing school if its questionable whether you will obtain a license and/or if healthcare employers won't hire you because of your criminal convictions. What's the use of having a nursing license if you can't find employment? What's the use of going to nursing school, spending several bands (a band is a thousand dollars) on books, supplies, and notebooks, and racking up student loan debt if your chances of obtaining licensure in a particular state (where you live or plan to live) are slim to none?

There used to be a time when counselors in prisons, social workers, guidance counselors, drug and alcohol therapists, probation and parole officers, and others encouraged individuals with criminal convictions to attending nursing school. Why? 2 years of education (Associate degree or diploma) and you have entry into an occupation/profession with excellent employment prospects, good pay, and flexible hours.

This may have been a nice gesture 15-25 years ago and a good opportunity but times have changed.

State Nursing Boards and healthcare employers review criminal convictions differently depending on your state or jurisdiction. If you are willing to assume these risks without speaking with an attorney (which is what the majority of nursing students and NCLEX-Applicants do by the way) then apply for nursing school and move forward. However I would suggest you gather your court documents and schedule an appt. with an attorney before your invest the time, money, and energy into applying to nursing school.

Licensed Practical Nurse Association of Ohio (LPNAO) launches a full-service Career Center

Dear Licensed Practical Nurses and Registered Nurses of Ohio, As your primary resource for professional development and services, LPNAO is excited to announce a brand new addition to our website. We recently launched a full-service Career Center designed especially for employers and job seekers in the nursing industry. Posting your positions and resumes on the LPNAO Career Center will give you great exposure to a wide array of candidates and exciting opportunities in our professional community. Looking to fill a position? Gain access to LPNAO's most qualified nursing professionals Post multiple positions at affordable prices Receive Resume Alerts of recently uploaded resumes Searching for a job? Create a FREE Job Seeker account Set up automated email Job Alerts Post resumes anonymously Thank you in advance for supporting our new Career Center. The revenue generated by this service will allow us to continue meeting our goals in best serving our members and advancing the LPNAO community in nursing. Sincerely, Shasme Jones President Licensed Practical Nurse Association of Ohio Hire and Be Hired on the LPNAO Career Center TODAY!
	You are receiving this email as a member of the Licensed Practical Nurse Association of Ohio. Licensed Practical Nurse Association of Ohio | 1310 St. Paris Rd | Springfield OH | 45504 | 513.910.6090

11th Annual Nightingale Moment, May 12, 2010 at 12noon

The American Holistic Nurses Association  invites you to Join Nurses Around the World to celebrate the    11th Annual   NIGHTINGALE MOMENT    May 12, 2010  Noon (local time)   Every Nurse around the world is invited to pause, take a moment of silence or create a healing ceremony or ritual in celebration and dedication to the heart and spirit of nursing.   We invite you and your colleagues to:   Honor Florence Nightingale and her legacy to modern nursing. Honor the strength and wisdom of our nursing mission. Reconnect with the fire and the soul, the sense of calling in nursing.  Acknowledge the interconnections and oneness of nurses in the personal, political, social, and scientific domains. Carry the vision of caring and healing into the future. Share Nightingale's legacy with the larger community.      *********************************************** For more information about the Nightingale Moment and to print out fliers for your organization and for the "Blessing of the Hands"  visit the AHNA website:  www.ahna.org

Save the Date:  November 20, 2010   "Nutrition:   What Nurses Bring to the Table"    Join National Speaker and Author Pamela McDonald for a one day conference on the health and healing effects of nutrition.   Place:  Indiana University Southeast     --more details to follow--                           Visit Pam's website for more information www.apoegenediet.com   June 2-5, 2011  AHNA National Conference - Louisville, KY  31st Annual American Holistic Nurses Association   Conference    Marriott Downtown -- Louisville, KY    June 2-5, 2011     "Holistic Nursing:  Tending to the Sacred Flow of Life"     Joan Borysenko, Ph.D.    In the early 1980's Dr. Borysenko co-founded a Mind/Body clinic with Dr. Benson and Dr. Ilan Kutz, became licensed as a psychologist, and was appointed instructor in medicine at the Harvard Medical School. Her years of clinical experience and research culminated in the 1987 publication of the New York Times best seller, Minding the Body, Mending the Mind, which sold over 400,000 copies. The 20th anniversary edition, newly revised, was published in 2007. Author or co-author of 13 other books and numerous audio and video programs, including the Public Television special Inner Peace for Busy People, she is the Founding Partner of Mind/Body Health Sciences, LLC located in Boulder, Colorado and the Director of The Claritas Institute Interspiritual Mentor Training Program. For More Information:  www.joanborysenko.com      ~~~Along with Dr. Kitty Ernst and Dr. Kay Sandor   "Kitty" will be addressing issues of the journey at the beginning of life and Kay will speak as one who walks with  those at the end of life~~~     Eunice (Kitty) Ernst, RN, CNM, MPH, DSc (hon) - Mary Breckinridge Chair of Midwifery  Dr. Ernst is the only endowed Chair of Midwifery in the United States. She is a certified nurse-midwife graduate of Kentucky's Frontier School of Midwifery with a master's degree in public health. A renowned visionary in the field of midwifery, Kitty has pioneered pregnancy and birth care advances for more than 40 years.               Kay Sandor, Ph.D., RN, LPC, AHN-BC Dr. Sandor is an Associate Professor at the University of Texas Medical Branch, School of Nursing at Galveston and An Associate Member of the Institute for the Medical Humanities.  Dr. Sandor is a licensed professional counselor and psychotherapist and is a certified advanced practice holistic nurse.  She has completed the End of Life Nursing Education Consortium (ELNEC) training, a project funded by the Robert Wood Johnson Foundation to train faculty and practitioners in Palliative Care.  Her specialty as a nurse psychotherapist is grief and loss.