Nursing Law & Order

The Most Important Question About Addiction...Is it REALLY a Disease?

The Law Office of LaTonia Denise Wright, LLC is pleased to present a series of webinars September-December 2010 focusing on substance use, abuse, and recovery in nursing.

Join us for this webinar presented by Jack Stem with Peer Advocacy for Impaired Nurses. See http://www.peeradvocacyforimpairednurses.com/.

The moderator for the webinar is LaTonia Denise Wright, RN, BSN, JD.

The cost of the 60 minute webinar is $20.00.

For additional information and to pay online see http://nursing-jurisprudence.com/substanceusewebinars.html.

The Most Important Question about Addiction...Is it REALLY a Disease?

		Join us for a Webinar on September 13 It's very simple. If addiction IS a chronic disease, why aren't we receiving up to date education in our training programs, and why aren't we treating it the way we treat other chronic diseases? This webinar will focus on the science of addiction and the evidence based treatment protocols being developed and utilized as a result of the amazing discoveries from the advances in neuro-imaging. After participating in this webinar, the attendee will: ~ Understand the biology of chemical dependence (CD); ~ Discover how the biochemical changes in the brain affect      motivation, memory, and behavior; ~ How to recognize early signs and symptoms of CD; and ~ Receive an overview of evidenced based treatment protocols. The presenter is Jack Stem. Jack whose professional and personal life came crashing down when his addiction surfaced after years of treating a chronic pain condition, is a former health care professional. With a career which began as an orderly in a busy emergency room 38 years ago, he went on to become a Registered Nurse in that same ER, and later became a Certified Registered Nurse Anesthetist (CRNA). Today, clean and sober over 15 years, he acts as a peer advisor for Ohio's nurse anesthetists and consults with attorneys practicing in nursing license defense. Mr. Stem is the Founder and CEO of Peer Advocacy for Impaired Nurses, LLC, which provides assistance to nurses with substance use disorders. The one-on-one personal recovery assistance which he delivers to professionals who want to take their recovery to the next level is held in high regard by his clients and colleagues. His spare time is devoted to writing and presenting on the disease of addiction and graphically illustrating to audiences of all types the help and hope that is available for afflicted health care professionals. Title:   The Most Important Question about Addiction...Is it REALLY a Disease? Date: Monday, September 13, 2010 Time: 4:00 PM - 5:00 PM EDT After registering you will receive a confirmation email containing information about joining the Webinar. System Requirements PC-based attendees Required: Windows® 7, Vista, XP or 2003 Server Macintosh®-based attendees Required: Mac OS® X 10.4.11 (Tiger®) or newer Space is limited. Reserve your Webinar seat now at: https://www1.gotomeeting.com/register/360316185

OBN E*News 08/27/2010 - LPN Online Renewal Ends After 8/31/2010

 

This is an e-news alert I received from the Ohio Nursing Board yesterday.Ohio LPNs if you haven't renewed your license then you need to review ASAP as 8/31/2010 is approaching and you don't want to practice on a lapsed license. This triggers a complaint and may lead to proposed discipline against your license.

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OBN E*News 08/27/2010 - LPN Online Renewal Ends After 8/31/2010

The 2010 LPN renewal cycle will end August 31, 2010.  After August 31st your license will lapse.  The online renewal website will not be available after August 31st. Renewal notices were mailed in March to all active LPN licensees.  The UserID and Password required for online renewal are located in the upper right corner of the notice.  If you do not have your UserID and Password and want to renew online, please contact the Renewal Unit at (614) 995-5420.

If you fail to renew your license by August 31st, you will be required to complete the Board’s reinstatement process.  Please contact the Board’s Renewal Unit for further instructions.

Remember that Windows users must access the renewal website using Internet Explorer and Mac OS/X users should access the site using the Safari web browser.

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The 2010 LPN renewal cycle will end August 31, 2010.  After August 31st your license will lapse.  The online renewal website will not be available after August 31st. Renewal notices were mailed in March to all active LPN licensees.  The UserID and Password required for online renewal are located in the upper right corner of the notice.  If you do not have your UserID and Password and want to renew online, please contact the Renewal Unit at (614) 995-5420.

If you fail to renew your license by August 31st, you will be required to complete the Board’s reinstatement process.  Please contact the Board’s Renewal Unit for further instructions.

Remember that Windows users must access the renewal website using Internet Explorer and Mac OS/X users should access the site using the Safari web browser.

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So the nurse says to my assistant: Is LaTonia like a used car salesman or what? Boy Bye!

Wow! A nurse contacted my office last week about an Ohio Board of Nursing Consent Agreement the nurse signed several months ago. The nurse was very upset and angry about the provisions in the Consent Agreement which requires:

1. A daily call-in process for Urine Drug Screens;

2. A psychiatric evaluation;

3. A chemical dependency evaluation;

4. Employer reports;

5. Temporary Practice Restrictions; and

6. other provisions including that he must provide the Consent Agreement to treating healthcare practitioners.

My assistant told the nurse that I am available to review the Ohio Board of Nursing Consent Agreement with the nurse in the context of a legal consultation and the cost of the consultation is $150.00 for 30 minutes. My assistant also mentioned the "blue light special" we are having on legal consultations next month.

The nurse tells my assistant:

"Any attorney who asks for money just to talk with me is a used car saleman."

Really? My assistant referred the nurse to the Ohio Nurses Association for a referral to an attorney, to the State Bar Association for an attorney referral, and to The American Association of Nurse Attorneys.

The nurse called the office again today and spoke with my assistant.

The nurse told my assistant today:

"LaTonia comes highly recommended and I really want to speak with her about my Ohio Nursing Board case but I don't think I should have to pay her any money when she isn't doing anything for me. This sounds like a used car salesman tactic."

---------------------------------------------------

Really. I am using my collective experience and education to review a legal document, counsel and advise you on your options, and provide you with a value-added service.

My assistant was upset that a prospective client and a nurse referred to me twice as a used car salesman. I find it amusing because without even speaking with this nurse, I know this is a angry individual.

Which of the following best describes your situation Angry Nurse?

a. Probably just signed the Ohio Nursing Board Consent Agreement without speaking with an attorney several months ago;

b. Probably responded to the complaint and spoke with a Ohio Nursing Board investigator without any appreciation of "just" how serious these types of cases and allegations can be;

c. Probably is finding out now that the Ohio Board of Nursing Consent Agreement impacts not just his license but his career, future nursing education (LPN to RN, RN to BSN, BSN to MSN, RN to RT, MT, SW, MD, PA, etc.), employability, and everything in else;

Do you feel as if you are stuck in the Matrix? http://en.wikipedia.org/wiki/The_Matrix

d. Probably is figuring out those online chatrooms, boards, and forums didn't provide accurate information, guidance, and assistance and really don't compare to receiving legal representation, counseling, and advising;

e. Probably wakes up thinking Ohio Nursing Board Consent Agreement and goes to bed thinking Ohio Nursing Board Consent Agreement and dreams about the terms/conditions/restrictions in the Ohio Nursing Board Consent Agreement; and/or 

f. Probably has a Consent Agreement, with a Notice of Opportunity for a Hearing then violated the Consent Agreement, had an Immediate Suspension of the license with another Notice of Opportunity for a Hearing which was resolved with yet another Ohio Board of Nursing Consent Agreement which is a total of 60 pages.

Why would you call an attorney's office and refer to the attorney in a derogatory manner TWICe to staff and still want the assistance of said attorney? What's up with that King Baby?

http://www.impactpublications.com/kingbabybooklets.aspx

I am not a used car salesman and I don't have anything against used car salesmen. But I do have a problem with lawyer bashing. Its cute and cool to bash lawyers in today's society until you need one and guess what?

Got a Ohio Board of Nursing complaint? You probably need a lawyer!

Got a 15 page Consent Agreement plus a Notice of Opportunity for a Hearing from the Ohio Nursing Board you signed without the assistance of counsel? You probably need a lawyer!

Got a Board Adjudication Order from repping yourself at a Ohio Board of Nursing "Board Panel" hearing? You probably need a lawyer!

Got an attitude and call my office insulting me to my assistant? WTFrack is up with you, seriously? You probably need a lawyer but it won't be this one, pumpkin!

Boy, bye!!  http://www.urbandictionary.com/define.php?term=boy%20bye%20or%20girl%20bye

Democratic Nurses: Influencing Health Care Policy on Saturday, September 25, 2010 in Columbus, Ohio

YOU ARE CORDIALLY INVITED TO

“Democratic Nurses:

 Influencing Health Care Policy”

Presented by the Ohio Nurses Democratic Caucus

 

Saturday, September 25, 2010

12:30- 1 pm Annual Meeting

 (Must be paid member by Sept 1 to vote)

1- 4:30 pm Program featuring

State Senator Sue Morano, RN, Expert State Officials and other Nurse Political Activists

 

Ohio Democratic Party Headquarters

340 East Fulton Street

Columbus, Ohio 43215

All Democratic nurses and students are encouraged to attend. 

The event is FREE to ONDC Members &

 $10.00 for non-members payable at the door

 

 

Program:

·     Health Care Reform at the State and National Level

·     Nurse/Patient Ratios & shortage, Medical homes, CRNA scope

·     Strategies to organize nurses at the local level for the 2010 elections

(An application will be submitted to ONA for continuing education, contact Carol Roe about details)

 

ONDC is a Caucus of the Ohio Democratic Party and membership is open to any licensed nurse or student.  Additional information about ONDC can be found on our website at www.ohdemnurses.org

 

RSVP to Carol Roe at [email protected]

Please include name, address ,county, email, and phone

 

Labor donated

 

 

 

 

30 minute telephone consultations for $75.00 one day a week for 4 hours during the month of September

We have received a number of emails and calls to review Consent Agreements, Adjudications Orders, Board Orders, Agreed Orders, and other legal documents from the Ohio, Kentucky, and/or Indiana State Nursing Boards and legal documents from Ohio Department of Job & Family Services and Indiana Department of Health hearings this month. Also lots of calls/emails about licensure renewals and affirmative responses in Ohio, Kentucky, and/or Indiana. I mean an unusually high number of requests.

So me being the Big Lots Betty that I am, I am running a K-Mart Blue Light special on legal consultations or workplace consultations (if you reside in a state where I am not licensed to practice law).

I usually charge $150.00 for a 30 minute consultation.

For the month of September for a limited time only and only one day a week, during alloted hours I am offering $75.00 legal consultations by phone for 30 minutes.

Friday, September 3rd from 2pm to 6pm.

Friday, September 10th from 2pm to 6pm.

Wednesday, September 15th from 2pm to 6pm.

Wednesday, September 22nd from 2pm to 6pm.

Wednesay, September 29th from 2pm to 6pm.

If you would like to schedule a $75.00 legal consultation during the month of September, please contact the office and provide the following information:

1. Your full name, mailing address, telephone number(s), licensure(s), and general case information to my receptionist. If you need to have a document(s) reviewed identify the document(s).

2. Michelle my legal assistant will then contact you to schedule the telephone appt. and review with you how to make the payment. Michelle can be reached directly at 513-328-8217. You can pay online at:

http://www.nursing-jurisprudence.com/onlinepayments.html

http://www.bookfresh.com/profile/157503739

3. You can fax, scan/email, or snail mail documents to my attention for me to review with you during the consultation. Our fax number is 888-580-1119.

4. If you need to schedule an appt. on another day, the regular cost applies.

Ohio Independent Providers (IPs) RNs and LPNs, ODJFS, and Ohio Nursing Board complaints: Holding your feet to the fire! Really?

If you are working as an IP in the State of Ohio, then I would suggest the following regardless of whether you are new to the field or you have worked as a IP for 10+years:

1. Network with other IPs in your area;

2. Develop a relationship with other IPs who you can discuss practice, billing, documentation, and other issues with as the issues arise;

3. You should have a CPA to assist you with your taxes, your legal business entity and other financial issues;

4. Watch your billing; Medicaid Fraud and theft convictions are increasing and the short-tem and long-term consequences aren't pretty; and

5. Retain an attorney to assist you with regulatory compliance, practice, and legal issues as the issues arise in your practice because the issues will arise.

I am seeing a number of cases involving IPs, both RN and LPN which involve the failure to have a regulatory compliance or risk management plan for their business. You are essentially a home care agency and directly billing the State for home care services is a legal minefield as a "solo" act. Home health agenicies have outside legal counsel and some of the large home health agencies have an attorney(s) on staff "in-house." As a IP-RN or IP-LPN, do you have an attorney on retainer to assist you with practice issues?

Also I really think Nurse IPs should have their own "group" to focus on the issues facing nurse IPs. By a group I don't mean a union. A professional association for Ohio Nurse IPs was attempted several years ago but there wasn't enough interest.

Oh and also: if you are being asked questions, receiving correspondence via certified mail, on a conference call with individuals from one or more State agencies in response to an incident, and being asked to submit records and documents for review: you are under investigation, pumpkin. My nephew calls me pumpkin still at times and I have lost 20 pounds this summer. The next 10 pounds is going to be tough! I am combining water aerobics with my daily walks now.

Also as an IP if you are being investigated for an incident by Carestar and ODJFS stop rationalizing and minimizing the conduct in question.

"My husband said this is silly." Attorney response: Really!

"I can't believe they are so concerned about just paperwork." Attorney response: Really?

"I may have overbilled but I earned that money." Attorney response: Really?

"What's the big deal with boundaries? The patient got the care needed." Attorney response: Really.

Retain an attorney to assist you initially. I am seeing a number of the cases where IP-RNs and IP-LPNs represent themselves in an ODJFS hearing and then don't contact an attorney until they receive a Notice of Opportunity for a Hearing from the Ohio Board of Nursing based on the termination of their provider number.

If you didn't know this then let me tell you: an adverse action taken by ODJFS is reported to the Ohio Board of Nursing because you are licensed to practice nursing by the Board. This then starts another investigation by the Ohio Board of Nursing.

This is why its extremely important for IP-RNs and IP-LPNs to:

1. Have an individual professional liability insurance with a license defense benefit that will cover attorneys fees and costs in ODJFS and Ohio Nursing Board complaints, investigations, and adjudications; and

2. Contact an attorney initially whenever an incident is reported.

Its your nursing license, its your provider number, its your business, and YOU as a professional should manage the risk. Taking a wait and see approach isn't managing the risk.

Can you review my Ohio Nursing Board Consent Agreement and discuss with me my options for free by phone? It will only take 25-60 minutes!

Everyone wants something "free" or at no-cost. I know I do sometimes.

Some attorneys offer free legal consultations. Its depends on the attorney, law firm, and the type of law practice the attorney has.

For example, a personal injury, wills and trust, or employment law attorney may use a free legal consultation as an opportunity to gain additional information from you verbally and in writing (with intake forms) about your case.

However even those attorneys that provide free consultations, I don't know if the consultation includes reviewing legal documents and counseling and advising you on how to proceed.

If a nurse has a pending State Nursing Board complaint in Ohio, Kentucky and/or Indiana, I usually take those calls without charging so I can obtain additional information. I guess you can say this is a service provided for free. If you have a pending complaint before the State Nursing Boards in Ohio, Kentucky, and/or Indiana, call our office, provide your contact information including email address and telephone number, and we will schedule a telephone appt. (at no cost), usually 10-20 minutes, for me to obtain additional information about your situation to see if I can assist you and I will quote you a fee for representation, counseling, and advising.

Compare and contrast speaking with a nurse initially by phone regarding a Ohio, Kentucky, and/or Indiana State Nursing Board matter to reviewing and analyzing a State Nursing Board legal document and then discussing this document with the nurse by phone or in-person.

I am sorry but I cannot review your:

a. Ohio Nursing Board Consent Agreement;

b. Ohio Board of Nursing Adjudication Order;

c.  Kentucky Board of Nursing Agreed Order;

d, Kentucky Board of Nursing Order;

e. Indiana Board of Nursing Order; and/or

f. State Nursing Board Alternative to Discipline Program Agreements, Contracts, or documents, and/or any other legal documents for free because:

1. Let's just get this one out of the way: I don't want to!;

2. If you have a State Board of Nursing legal document you want me to review, this usually indicates: you don't have an attorney and you have represented yourself (proceeded pro se) before the Board. This is significant whether or not you realize it.

This means some education and information is required to discuss how your case got to to this point and where it goes from this point forward and this takes time;

3. Honestly, do you work for free as a nurse for an hour or two out of every day? So, why do you expect a state licensed attorney who has carved a niche in nursing law to review your legal document and provide a service to you without charging for the service?

Just this week we had 10 nurses contact the firm regarding Ohio, Kentucky, and/or Indiana Nursing Board complaints, investigations, or evidentiary hearings. This doesn't even include the nurses who contacted the firm who are licensed in other states or who have a non-State Nursing Board issue (unemployment comp, workplace, credentialing, etc.)

I spoke with 5 out of the 10 already (no cost) and 5 of the nurses were instructed to schedule and pay for a legal consultation because the service requested involved reviewing a Board document. 4 out of 5 of those nurses have already paid for a legal consultation and the consultation was provided.  I don't mess around.

1 nurse said, why can't LaTonia review the Ohio Board of Nursing Consent Agreement and discuss my options with me at no cost. I guess I should thank the nurse for the comment because we wouldn't have todays post.

4. Attorneys provide services which involve like nurses and docs their knowledge, skills, and abilities. I don't expect services from any professional for free because I am a professional who expects to be compensated for the services I provide;

5. You can google nurse license defense attorney, license defense attorney, or nurse attorney to find an attorney who may be able to review your legal document and discuss your options with you at no cost. If you can obtain a service for free then by all means do so. See also www.taana.org.

6. Legal Consultations compensate me for my time in addition to my knowledge, skills, and abilities and provide risk management for my law practice. The consultation establishes a one-time transaction and documentation of our meeting. The nurse also receives value. Its a win-win; and  

7. I have an active case load so anytime spent giving away advice and counseling at no cost when I have nurses who retain and pay for my services isn't an effective use of my time and its not fair to the client who pay me to provide services.

What is a legal consultation? See http://www.nursing-jurisprudence.com/legalconsultations.html.

Oh and what were the legal documents I reviewed this week:

1. proposed Ohio Board of Nursing Consent Agreement;

2. Ohio Board of Nursing Adjudication Order;

3. Kentucky Board of Nursing Agreed Order; and

4. KARE for Nurses (Kentucky) and ISNAP (Indiana) Alternative to Discipline Programs for Substance Use agreements.

Suboxone Therapy and Nurses

This conference in Columbus, Ohio I am attending is excellent. I have attended several sessions about Subutex and Suboxone, developing treatment plans, co-occurring substance use and mental disorders, chronic pain management, women, sex, and reocovery, and opoid trends, problems, and treatment approaches.

Of course, all of this information is applicable to my law practice defending nurses before the Boards of Nursing and counseling/advising nurses.

What has been your experience with Suboxone?

Going it Alone: Representing Yourself before the State Nursing Board

This month has been really busy. A good and steady busy.

I have spoke with a number of nurses this month: some retain my services and others don't. The reason for not retaining me: cost. Legal representation before the State Nursing Board doesn't cost $199.95 unfortunately.

But let me say this about retaining a license defense attorney. Its money well spent if you hire an attorney with experience and familiarity with the issues in your case.

Borrow the money from family and/or friends, withdraw from a 401K or 403B, take out a loan, etc. Its money well spent.

If the State Nursing Board revokes your license, you can't practice. There goes your license, your livelihood, and for alot of us (like me) "being a nurse." So why wouldn't you spend the money to retain an attorney?

1. Rationalizing the complaint. I didn't kill anyone, its not that serious, its no big deal, etc.

2. The State Nursing Board is comprised of nurses and they will understand. State Nursing Board Members and Staff are nurse regulators and their role is public protection.

3. It costs too much to hire a lawyer and I can't afford to hire a lawyer. I keep it real on this blog and honestly I am speaking with more and more nurses who really can't afford NOT to hire a license defense attorney. Please excuse my use of a double negative.

I quote flat fee for representation and if I quote you a higher flat fee I will tell you why based on the circumstances. I like complex cases because they keep you on your toes.

I spoke with two nurses this month both with very serious allegations and complex cases who are representing themselves.One nurse knows her case is serious but just can't afford representation and the other nurse fails to appreciate just how serious the pending complaint is against her license.

Both of the cases are complex and will require long-term representation, counseling, and advising. Both of the nurses really needed representation yesterday and both are taking a "tell all" and "let's see what happens" approach.  The truth will set you free right? Maybe if you say it in the confines of an attorney-client relationship.

Does the truth set you free? This may work in kindergarten but not necessarily in licensure matters. My grandmother says there are three versions of the truth: yours, mines, and the truth is somewhere in the middle.

I have a feelling I will hear from both of these nurses 3-6 months from now. One case has the complexity of a 7 and the other case has the complexity of 9.

 I communicated with another nurse this month who is being represented by another license defense attorney (the nurse contacted me with questions) and the attorney doesn't have any experience handling this particular type of case. I told the nurse you need to take your questions to your lawyer.

The allegations in the complaint are a 8 to 9 on the scale of 1-10 and the nurse doesn't know this. This nurse hired the wrong attorney to represent her/him before the State Nursing Board because the allegations scream "you need an attorney who knows these issues back and forth, front and back, side to side, up and down, and round and round. I have a feeling I will hear from this nurse again in 6-9 months.

So what I am saying? You don't know what you don't know  sometimes until it slaps you in the face. I don't know about you but I have been slapped in the face many times with various experiences and incidents in my 39 years (that's life right?). Finding out a complaint is filed against your license may be viewed as a slap, punch, bite, kick, smack, or kiss (we have State Nursing Board staff who review this blog:) 

The complaint is unexpected and even if its expected it still a surprise. How you respond to the complaint, investigative process, and hearing may alter your nursing license and career and your life. If you don't know Nursing Board complaints, investigations, and hearings learn it or hire an attorney. Its just that serious. Oh and reviewing allnurses.com and other online nursing forums ain't enough to successfully navigate the law, rules, regs, process/procedure, and nursing lit and standards.

Addictions Studies Institute in Columbus, Ohio

I am attending the Addictions Studies Institute in Columbus, Ohio from Wednesday to Friday. The sessions are awesome!!!

I am on the right path: RN, license defense for nurses, and adding the psych NP in the future. This conference is solidifying my decision to start graduate school for my psych NP.

Sometimes a license defense attorney isn't a license defense attorney isn't a license defense attorney

Is a nurse a nurse a nurse? Of course not, so don't assume the same for nurse license defense attorneys.

When you contact a nurse license defense attorney you want to know BEFORE you RETAIN the attorney, if the attorney has experience dealing with the specific issues and allegations involved in your case. If you are hiring a license defense attorney then you know the attorney has experience handling cases before the State Nursing Board but you need to know more, right?

I say this because I have been contacted by more than one nurse this summer seeking answers to nursing and legal questions from me when the nurse is already represented by a license defense attorney. If you retained an attorney to represent you before the State Nursing Board then ALL questions, comments, and concerns and any counseling and advising of you related to your case, your license, and your nursing practice should be done by the attorney you retained.

If your attorney cannot answer your questions, has never handled a case involving those issues or allegations, or cannot advise and counsel you, then maybe, just maybe you need to think about retaining another nurse license defense attorney.

For example, if you are a CRNA with a license issue, you want your attorney to have experience representing CRNAs before the State Nursing Board. 

Ask the attorney specific questions before you move forward with retaining the lawyer such as:

1. How many cases have you handled like mine?

2.  Do you have experience with these types of complaints?

3. What was the outcome in your other cases?

4. What can I expect in my case based on your experience in these types of complaints?

5. How is my case similiar and different from those other cases?

6. What is your current case load of LPNs, RNs, and APRNS (CRNAs, NPs, CNMs, and CNSs) cases? What types of issues and complaints are you handling currently before the State Nursing Board?

Ideally you want to hire a nurse license defense attorney with experience handling cases like yours because this attorney will be able to not only represent you before the State Nursing Board but also counsel and advise you and provide bespoke legal services.

My Nursing License was Suspended for 5 years. Do I need a lawyer when going for reinstatement?

This was posted online when I googled "nursing license suspended."

 

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7 years ago I was prescribed a narcotic pain medication for severe migrains. At the time I was in my last year of nursing school (LPN certification). I was awarded almost a full scholarship to the LPN program, purely based on my grade point average. I graduated top of my class, and was given 3 awards for various achievements at my graduation ceremony. I had always dreamed of becoming a nurse, and it was finally coming true. I got a job working in a nursing home/long term care facility 7am-3pm, I loved working with the elderly, and was proud to be a nurse. As I continued taking these pain meds over the years following the original prescription, I realized I had become physically addicted to them. When I didn't have them, I felt physically ill.

 

My tolerance had increased, and I started taking more than prescribed. So, I would run out of them before it was time to renew my prescription. When this would happen, I would scramble, and try to find another doctor to write a prescription for me. Before I knew it, I had 3 different doctors prescribing them to me. Over this period of time, my husband was laid off from his job, and we struggled to pay our mortgage, on top of every other bill we had. This caused a major strain in our relationship. I found myself taking more and more of my medication to numb the pain of our struggles. Then to top it off I found out my husband had cheated on me 3 times over our 7 year marriage. My life was crumbling around me. We eventually foreclosed on our house, and separated. Needless to say, I went into a deep depression. I just took more and more of these pills to try to forget it all. During all of this my hours at the nursing home, got switched to the 11pm-7am overnight shift. Once again I found myself out of my medication. That same night at work, I was required to waste a narcotic. Which should be done in the presence of two nurses and signed off together.

 

But on this shift, there were only two of us on the unit, and the other nurse was busy, so I went to waste this drug by myself. But when I went to do it, I was feeling horrible withdrawl at the time, and I knew this medication (to be wasted and thrown away), would make me feel 100% better. So, I decided to take the medication, and still document that it had been wasted.. In the days following, I guess I realized how easy it was. So I began to deliberately create scenarios in which narcotics needed to be wasted, or somehow miss counted. Now as I look back on this situation, it felt like I was on auto pilot. Almost a dream like state. I couldn't even remember how many times this had happened. Well, I eventually got confronted by the director of nursing. They had been watching me all along, and knew everything. Of course I tried to deny it, but it was obvious that I had done this. I was fired immediately.

 

I was arrested and charged with 11 felony counts of theft of a controlled substance. I was also reported to the board of nursing, and they suspended my license for 5 years. Luckily the judge gave me the option of completing drug diversion, and if done successfully, they would drop all criminal charges. When all of this happened, I notified my physicians about my addiction, and finally detoxed off all medications. I have since turned my life around, and have been completely clean since. No drugs, no drinking, nothing at all. I completed the program, and started to attend weekly therapy and 12 step meetings. I have one year remaining in my suspension. I go in front of the nursing board in november 2011. I would like to be reinstated, and try working in a drug rehab of some kind. So, in conclusion of this long dramatic story, I want to ask if any one else has experienced a similar situation? And if so, did they get their license reinstated? When going in front of the board, do I need a lawyer? And any other advise you can offer. Thanks for listening.

 

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If your nursing license was suspended for 5 years, then there will be NUMEROUS terms and conditions for the reinstatement of your license (this may take anywhere from 6months to 24 months) and there will be probably 2-5 years of Nursing Board probation and monitoring after your license is reinstated.

 

I know the individuals who responded told you to represent yourself but I would advise you to hire a lawyer to work with you. Some Boards are taking a harsh approach to substance use and abuse with nurses and this is why its important to have an attorney on your side throughout this process. Try to work out some type of payment arrangements with your attorney.

 

I am always surprised by the number of LPNs, RNs, and APRNs who drive really nice cars, take 2-4 vacations a year, and live a fairly middle class to upper middle class lifestyle but then frown when it comes to paying a few thousand dollars for legal representation which will help you maintain your lifestyle, livelihood, and license. Some will even say, I can't afford a legal consultation ($150-$250). Go figure. That's fine but there should not be an expectation that an attorney will assist you with your licensure issue at no cost.

 

There was actually an article in the Wall Street Journal about middle class and upper middle class individuals trying to obtain free legal services through Legal Aid. Not all attorneys are expensive but I don't think its about expense: I think there is overall a failure to appreciate the value of legal representation, counseling, and advising by individual consumers.

 

For example, I received an email from a nursing student and future NCLEX-RN Application who has criminal convictions. She commented on how expensive it was for a legal consultation. A 30 minute consultation with me is $150.00. I wonder would this same person spend $150.00 on a purse, hair coloring, designer shoes but then complain about the cost of a legal consultation. Calling or emailing an attorney (this one anyway) and saying "by the way, I don't have any money but I need your help" does not help you or the attorney. I am willing to work with anyone on payment arrangements however I cannot work for free as a lawyer just like you don't work for free as a nurse.  

 

Moreover, if you are spending $15,000 to $50,000 on your entry level nursing degree (LPN or RN), why wouldn't you spend $150.00  for a legal consultation to discuss your suitability of licensure and employability with a license defense attorney if you have criminal convictions and you know the State Nursing Board application inquires about criminal convictions?

 

Good luck and take care of yourself. I am so happy to hear you are clean and sober. My non-legal advice to you would be to hire a lawyer and ask the lawyer to work with you as far as payment arrangements for the legal services needed now and in the future. Also if the lawyer makes payment arrangements with you, then keep up your end of the bargain by paying the lawyer. I have two clients now who I am planning to terminate this week for non-payment. Its nothing personal; the practice of law is a profession but its also a business. I like all of my clients but like you I cannot afford to work for free.