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.
Thank you for your comment Heidi. Congratulations on your recovery and completion of your Ohio Nursing Board probation and monitoring. I would suggest you speak with an Ohio license defense attorney further about your situation and provide the attorneys with a copy of your documentation to obtain legal advice and counseling about your next steps and what to expect going forward. Take care of yourself.
Posted by: LaTonia | May 15, 2010 at 12:07 PM
I was busted for diversion in 2000. I was criminally charged for the same in 2003. I completed a treatment in lieu of conviction program in 2004. My license was placed on probationary status, stayed suspension in 2005. I have worked successfully as an RN since then, completing all the requirements of the probation. I had read in the OBN meeting minutes that the Ohio Board was "cleaning up" and reporting several old cases to the National Data Banks. I received notice last week that I am now on the NPDB and HIPDB list. Since I was criminally charged, is the OIG next???? I absolutely do not understand how the Board can delay these things and spring this on us so many years after the fact??? Is ANYONE in that department ever held accountable for anything. I thought this was all behind me and I was moving on, but it's as if it will never end. If the OIG exclusion is a 5 year mandatory, will it be from here on in, or from 5 years ago when I was originally placed on probation or 7 years ago when I was criminally charged. Honestly, this fight is seeming less and less worth it. Thank you.
Posted by: Heidi | May 15, 2010 at 11:59 AM