Nursing Law & Order

If you want to represent, counsel, and advise and otherwise be a lawyer: Please go to law school

See http://news.cincinnati.com/article/20100922/NEWS0103/9230343/-Lawyer-Fulmer-lacks-license.

You can also expect to see a number of felony charges against this guy related to him charging for legal fees.

Personally, I am so tired of folks without a law degree and a state license giving legal advice and counseling others. This guy even took it a step further and actually represented clients before the Court.

He may not be a lawyer but he is going to need a criminal defense attorney to handle the criminal case and to represent him before the Kentucky Bar Association. He may also want to get three full-time jobs now because I am sure the KBA is going to hit him with thousands of dollars in fines in the administrative investigation and adjudication. This doesn't even include the civil suits that are coming from his "former clients."

6,144 Ohio Board of Nursing Complaints in FY 2010: Complaints here and there and everywhere

Okay, I am playing this number in the pick 4 for the remainder of the month.

Attached is part of an Agenda item for the Ohio Nursing Board meeting on Sept. 23rd and 24th. Download 2010fyreportOBN

Its the Compliance and Discipline section of a draft of the FY 2010 Annual Report of the Ohio Nursing Board. I circled a few of the figures on this copy. For a clean copy of the draft go the Board's website.

The majority of complaints involve:

NCLEX Test Applicants     1,568

Miscellaneous   1,166

Practice    854

Drugs/Alcohol   708

Renewal Applicants  446

Criminal    310

Action Taken in Another State/

Jurisdiction 259

Endorsement Applicant    228

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Wow! Even APRN practice issues increased to 38 complaints. 24 complaints involved psychiatric impairment and 2 involved physical impairment.

NCLEX Test Applicants are leading the pack of course as more and more individuals who apply for licensure have criminal convictions. It used to be several years ago that the majority of complaints involved drugs/alcohol.

Also you can see on page 10, 12% of applicants for licensure by examination (NCLEX applicants) were referred to compliance for review.This is significant and I will bet you $1.99 this number will increase in FY 2011. Again, if you are a nursing student, considering nursing, or graduating from nursing school and you have criminal convictions, you need to speak with a license defense attorney before you submit your app.

On a personal note, I was disappointed when my son decided to change his major from nursing to another healthcare field. However I think he will do much better in healthcare in a non-nursing position. Nurses as frontline workers have it rough in some many facilities and the first response is to term the at-will employed nurse and report to the State Nursing Board. There is little to no due process in facility investigations (unless you are in Texas, you work in a unionized facility, or you work for a government agency) and most times you are left dangling in the wind.

I had a nurse tell me again this week, I don't have my own professional liability insurance policy because my employer said I was covered under its policy. Okay that's true to a certain extent. But let's chew on this:

* If your employer terminates you, reports you to the State Nursing Board, will your beloved employer pay your attorney fees to rep your license before the State Nursing Board? Of course not.

* Does the liability coverage that an employer has for its nurses as staff cover the nurse if a complaint is filed against the nurse with the State Nursing Board? Of course not.

I wouldn't discourage anyone from being a nurse but staff nursing today ain't what it used to be 10 or 20 years ago; this didn't happen to nursing overnight (bullying and violence among nurses, actual and perceived lack of power in the workplace, female-dominated, lack of an entry level to practice, LPN vs. RN, at-will employed, etc.) and it ain't gone change for nursing overnight.  

NCLEX-Applicants and Criminal Charges and Convictions: Did you put your foot in that potato salad!

I have said it multiple times here on this blog and I will continue to say it until I am blue in the face but if you graduated from a LPN or RN training program, there is no guarantee you will receive a license if you have criminal convictions.

What should you do?

If you have criminal convictions and you are graduating from a LPN or RN program, contact a nurse license defense attorney in your state before you submit your application for licensure to the State Nursing Board.

Moreover if:

1. You have to appear before the State Nursing Board r/t to suitability for licensure, i.e. you answered in the affirmative and the Board wants to speak with you;

2. You must meet with State Nursing Board investigators or staff to further discuss your situation; or

3. You are contacted by an attorney from the State Nursing Board related to your application

maybe you need to retain an attorney now instead of waiting until your application for licensure is DENIED. Yes, the State Nursing Board can deny your license and then afford you with a hearing.

Applying for a nursing license with a criminal conviction(s) even misdemeanor can be grounds for the denial of your application for licensure. Retain an attorney who can evaluate your situation and case objectively.

Okay what does NCLEX-Applicants and criminal convictions have to do with potato salad.

Who made the potato salad? You need to watch this movie, its one of my favorite comedy's after Friday with Chris Tucker. I laugh because honestly this is a question asked (even if its whispered) at most of my family and/or friend functions. http://www.imdb.com/title/tt0452706/

I attended a picnic the other day and my cousin remarked "whoever made the potato salad put her foot in it."

Now, my first impression being the nerd I can be at times, was how nasty! I thought to myself I knew I shouldn't have tasted any of the potato salad because everyone can't make potato salad. Buying potato salad from Kroger's, Biggs, Walmart, Sam's, other another grocery and adding items "isn't making potato salad" where I am from, sorry!

Then I had to consider the context because I didn't have my urban dictionary with me and it meant the potato salad was good. http://www.urbandictionary.com/define.php?term=put%20your%20foot%20in%20it

I tasted it and it was dry. How in the hell do you make dry potato salad? As I said not everyone can make potato salad and I don't eat everyone's potato salad, sorry!

If you make potato salad then you know you really need to know what you are doing to get the taste you want. You can't fake the funk with homemade potato salad. http://www.urbandictionary.com/define.php?term=fake-the-funk

Damn the measuring, you need to know how to cut, dice, mix, boil, peel, and add seasoning to get it just right. You have to go for what you know when you make potato salad! That's why its so difficult to make really good and creamy potato salad. I can "make" potato salad. Its a badge I wear proudly, thank you very much.

You don't know if something just ain't right with the potato salad really until the end. The same with licensure with some State Nursing Boards as the Board may not review your suitability for licensure until you graduate from school and submit your application for licensure. You stepped in something mushy and it has a smell: its potato salad.

Some will say I got into nursing school, I didn't have any BIG issues with clinicals and therefore I know I am in the home stretch with obtaining a license from the State Nursing Board. You really put your foot in the potato salad if you proceed on the blind assumption that you will obtain a RN or LPN license even though you have a felony and/or misdemeanor conviction(s) just because you were accepted into a nursing program. Speak with a nurse license defense attorney in your State if you have criminal conviction(s) and you are considering nursing school or if you are in a LPN or RN program. Remember the potato salad.  

Kentucky Board of Nursing and KRS 314.095: Verified Response to the Complaint

The Kentucky Nurse Practice Act, KRS 314.095 states:

A licensee, credentialed holder, privilege holder, or applicant who is the subject of an investigation by or on behalf of the board shall cooperate fully with the investigation, including responding to a complaint or lawful request for information in a materially factual and timely manner.

Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 85, sec. 25, effective July 15, 2010.

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Wow! What does this tell you? The Kentucky Board of Nursing means business.

1. Its effective July 15, 2010, so this is new.

2. The Board has received false or inappropriate responses.

3. Some individuals have not responded to complaints.

Guess what? A verified response to the complaint is required now by the Kentucky Board of Nursing.

What I am saying and what does this mean?

If receive a Notice of Complaint from the Kentucky Nursing Board, you really need to think about attorney representation before you respond to the complaint in writing.

Personally, I saw this one coming years ago as there were nurses helping other nurses respond to Kentucky Nursing Board complaints, prepping other nurses for investigative meetings with Kentucky Board of Nursing staff, and providing bootleg legal advice and counsel to nurses involved in Kentucky Board of Nursing investigations. Not saying that it doesn't happen in other states but I can only speak on what I know. Just the facts.

These cases are not cookies and cream (I am on a diet but I want a cookies and cream Blizzard, extra thick from Diary Queen) like most nurses think because you don't have to appear in court before a judge and you are not served by a Sheriff with the complaint. Don't rationalize or underestimate the seriousness of a State Nursing Board complaint and the process and procedure involved with the response to the complaint. If you didn't know then I will tell you, Board of Nursing staff and members as nurse regulators take their role of public protection very seriously; now are you taking the complaint seriously? 

Substance Use Disorder, Mental Health Diagnosis, and Your Nursing License: Its Me Against the World!

If you have been treated for a substance use disorder and/or have a mental health diagnosis AND you plan to return to nursing practice, you need a lawyer.

Even if you are in a State Alternative to Discipline program for Chemical Dependency you will have questions, issues, and concerns over your YEARS of monitoring. Your monitoring agent is not your counselor, therapist, or your attorney; your montoring agent is your monitoring agent.

I am seeing a number of nurses who are representing themselves before the State Nursing Board in substance use disorder cases and these nurses are "taking a beat down" over the years and years of the process and procedure involved with these cases.

What's a beat down? See http://www.urbandictionary.com/define.php?term=beat%20down. Take a look at No. 3.

Now don't get me wrong. I am not saying the Board is physically or mentally beating up nurses but what I am saying is the process involved with substance use disorder and co-occurring mental health issues along with the licensure, employment, regulatory, and/or criminal pieces along with the medical and financial burdens in conjunction with the stress to your personal relationships and professional career can beat you up.

This is a benefit of having an attorney work with you throughout this process which takes years. Your license defense lawyer helps you anticipate, plan, or avoid the jabs, the punches, slaps, and the wild windmill swings. I watched Rocky last night. http://en.wikipedia.org/wiki/Rocky. My husband had elective surgery on Monday. He is on bed rest and we watch movies all evening.

I tell you the music from Rocky makes you feel as if you can do anything. Rocky, Rocky, Rocky.... http://www.youtube.com/watch?v=DhlPAj38rHc.

I think I will listen to the music from Rocky before my next evidentiary hearing:)

You may have completed a 28 day program but please believe your dealings with the State Nursing Board and/or a State Nursing Board Alternative Program will not resolve in 28 days, 28 weeks, or even 28 months.

Seriously think about researching law firms and hiring an attorney to assist you with the process. Interview one or more attorney to find the right attorney for you and your case.

You are not 2Pac so why proclaim its "me against the World" with your State Nursing Board monitoring, probation, and/or discipline when you have a co-occurring disorder?

http://en.wikipedia.org/wiki/Me_Against_the_World . Hire a lawyer.

The Cons of Representing Yourself before the State Nursing Board then hiring a Lawyer later when you don't like what you see coming around the corner

I have more and more cases where nurses have started off representing themselves before the State Nursing Board and ONLY after seeing the case wasn't going where they thought it should go THEN decided to hire an attorney.

Now don't get me wrong, there is nothing wrong with repping yourself before the State Nursing Board. If you rep yourself, that's fine. Do your prep work and go at it.

But IMHO, I think most of us don't appreciate the seriousness of a State Nursing Board complaint, investigation, hearing, or post-disciplinary or Alternative Program Monitoring because unlike a criminal proceeding there are no court appearances "downtown" and there is no arrest or unlike a civil proceeding you are not formally "served" with a complaint and required to file an answer with the Court.

These cases can be more challenging because the client expectations of the representation can be unrealistic, unreasonable, and untenable with some nurses, certainly not all. 

If you have told yourself 200x "you didn't do anything wrong", your spouse, mom, and BFF have told you 100x "this is no big deal and its minor", and you are relying on the bootleg legal advice provided to you in online nursing forums and chatrooms then you of course you believe the State Nursing Board complaint will be reviewed and closed,  you will practice nursing and live happily ever after. I watched Pretty Women with Julia Roberts last weekend. I want the fairy tale!! See http://en.wikipedia.org/wiki/Pretty_Woman.

Its not about right or wrong, this isn't ethics. Its about whether or not your conduct, actions, or inactions violated the State Nurse Practice Act and/or Board of Nursing regulations.

But its my job and role to bring the client's expectations of representation before the State Nursing Board into conformity with reality and actuality.

You don't pay an attorney to tell you exactly what you want to hear, do you? That's not my role as an objective observer and your advocate.

OBN E*News 09/07/2010 - Committee on Practice Scheduled for Thursday September 23, 2010 at 12:00 p.m.

OBN E*News 09/07/2010 - Committee on Practice Scheduled for Thursday September 23, 2010 at 12:00 p.m.

The Board of Nursing (Board)  will convene a Committee on Practice at 12:00 p.m. Thursday September 23, 2010 at the Board's offices located at 17 South High Street, Suite 400 in Columbus, OH  43215.  The Board's Committee on Practice, comprised of Board members, is meeting to discuss the use of the title “Advanced Practice Registered Nurse” to replace “Advanced Practice Nurse” and review scopes of practice for the certified nurse practitioner and the clinical nurse specialist. The Board invites licensees and interested parties to attend this public meeting and to provide commentary on the committee subjects of title and scopes of practice.  

Written comments may be sent by either email to [email protected] or by regular US Mail at the above address. Please place "Board Committee" in the subject line of the email or on the mailed envelope.   Written comments received by the Board by the close of business Monday September 20, 2010 will be forwarded to the Committee members for their review prior to the meeting.  

The Board convenes a Committee on Practice as needed to discuss specific practice issues and to make recommendations to the Board concerning the nursing practice.

 

Returning to Practice: Appropriate for All Recovering Nurses? December 20, 2010 @ 4pm webinar

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.

Returning to Practice: Appropriate for All Recovering Nurses?

Join us for a Webinar on December 20 One of the first questions asked by a nurse who is in recovery from substance use and abuse is "When can I return to practice?" This webinar will review the return to work issues faced by nurses in recovery including: 1. State Nursing Board alternative to discipline program monitoring; 2. State Nursing Board discipline of a license; 3. Finding employment as as nurse in recovery; and 4. Whether returning to practice is appropriate for all recoverying nurses. The presenter for this webinar 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. The webinar is moderated by LaTonia Denise Wright, RN, BSN, JD. The cost of the 60 minute webinar is $20.00. See http://nursing-jurisprudence.com/substanceusewebinars.html. Title:   Returning to Practice: Appropriate for All Recovering Nurses? Date: Monday, December 20, 2010 Time: 4:00 PM - 5:00 PM EST 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/245278256

Relapse is Process not an Event. December 6, 2010 @ 4pm ET webinar for nurses

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.

Relapse is a Process, not an Event

Join us for a Webinar on December 6 Many of us believe relapse occurs when someone who has been drug free for a period of time begins using again. In reality, relapse is a process that begins before the person actually begins using again. This webinar will review: 1. What is a slip vs. a relapse? 2. What is a relapse prevention plan? 3. What is the EBP for the treatment of a slip vs. a relapse with nurses? The presenter for the webinar 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. The webinar is moderated by LaTonia Denise Wright, RN, BSN, JD. The cost of the 60 minute webinar is $20.00. See http://nursing-jurisprudence.com/substanceusewebinars.html. Title:   Relapse is a Process, not an Event Date: Monday, December 6, 2010 Time: 9:00 AM - 10:00 AM EST 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/458378377

Another webinar for nurses! What is Recovery? Not using is Only the Tip of the Iceberg

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.

What is Recovery? Not Using is Only the Tip of the Iceberg

Join us for a Webinar on November 22 The Betty Ford Center has a good working definition that is only the beginning of the move from a paradigm of addiction to a paradigm of recovery. “Recovery from substance dependence is a voluntarily maintained lifestyle characterized by sobriety, personal health and citizenship. What does that mean for a nurse? What are the components of a solid recovery plan for nurses and what professionals should be involved? The presenter for this webinar 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. The webinar is moderated by LaTonia Denise Wright, RN, BSN, JD. The cost of the 60 minute webinar is $20.00. See http://nursing-jurisprudence.com/substanceusewebinars.html. Title:   What is Recovery? Not Using is Only the Tip of the Iceberg Date: Monday, November 22, 2010 Time: 4:00 PM - 5:00 PM EST 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/494158272

A Legal Webinar for Nurses: Top 10 Documentation Disasters in Nursing: Monday, Sept. 20th at 4pm

I am presenting a series of legal webinars for nurses for the remainder of this year. The webinars will take place on Mondays.

We are also planning our webinar topics for 2011. If you have suggestions on webinar topics for 2011, please email those to me at [email protected].

The first is Top Ten Nursing Documentation Disasters on Monday, Sept. 20th from 2pm to 3pm ET. See http://nursing-jurisprudence.com/septlegalwebinar.html

The cost of the webinar is $30.00.

Top Ten Nursing Documentation Disasters

Join us for a Webinar on September 20 Space is limited. Reserve your Webinar seat now at: https://www1.gotomeeting.com/register/866369824 This 60 minute webinar will discuss legal issues and pitfalls associated with nursing documentation. Participants will learn the legal requirements for documentation of patient care and the potential legal ramifications of inappropriate or incomplete documentation. Although nursing documentation seems less critical than other client-centered tasks, documentation is essential in everything from planning the best patient care to defending a nursing malpractice lawsuit or preventing a State Nursing Board complaint. The presenter is LaTonia Denise Wright, RN, BSN, JD. Ms. Wright is an Ohio licensed RN and a licensed attorney in Ohio, Kentucky, and Indiana. She is an attorney in private practice in Cincinnati, Ohio. Her law practice involves representing, counseling, and advising nurses in State Nursing Board matters. The cost of the webinar is $30.00. No CE credit is provided. The webinar consists of a 45 minute presentation followed by a 15 minute question and answer period. Title:   Top Ten Nursing Documentation Disasters Date: Monday, September 20, 2010 Time: 2:00 PM - 3:00 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

Its another webinar! Treating the Impaired Nurse: Difficult by not Impossible. November 8, 2010 at 4pm ET

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.

Treating the Impaired Nurse: Difficult But Not Impossible

Join us for a Webinar on November 8 When evidence based treatments are used to guide treatment of substance disorders, recovery is the expected outcome. Alcohol and other addictions are devastating for anyone, but for a nurse, who is licensed professional, addiction not only affects one’s personal life, but their professional life as well. What are the gold standards and EBP for treating healthcare professionals with substance use and abuse disorders? What about dual diagnosis? This webinar will discuss the medical treatment for an impaired nurse from detox or in-patient to IOP, aftercare, and beyond. 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. The webinar is moderated by LaTonia Denise Wright, RN, BSN, JD. The cost of the 60 minute webinar is $20.00. See http://nursing-jurisprudence.com/substanceusewebinars.html. Title:   Treating the Impaired Nurse: Difficult But Not Impossible Date: Monday, November 8, 2010 Time: 4:00 PM - 5:00 PM EST 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/811553105

Why Don't All States Have Peer Review for Nurses like the Great State of Texas?

Kudos to Marc Meyer, a Texas Nurse Attorney for having this information on this website at http://www.marcmeyerlawfirm.com/:

Incident-based peer review: Initiated by the facility in response to an incident. Notice and due process rights are required.

• The peer review committee has independent authority to report the nurse to the Texas Board of Nursing;
• However, the peer review committed does not have independent authority to make employment or disciplinary decisions. That authority is vested in the employer.
• If an employer terminates a nurse, suspends a nurse for more than seven days or takes substantive disciplinary action against the nurse, the employer must report the nurse to the Texas Board of Nursing.

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See also, this information from my buddy Taralynn Mackay, another RN-JD in Big Texas:

http://www.healthlicensedefense.com/NursesandPeerReview.html

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See also http://www.bne.state.tx.us/practice/faq-peerreview.html

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I like this and why don't the States where I practice law (Ohio, Kentucky, and Indiana) have this type of protection and due process for nurses before a nurse is reported to the State Nursing Board.

In the States where I practice, some employers term the nurse and report to the State Nursing Board and give the nurse NO due process in the employment context and don't even bother to tell the nurse "we are reporting you to the State Nursing Board." Why? Because the employer does not have to that's why!

What's up with that?

The Texas Nurses Association is on its job and has been for decades however protecting the rights of nurses in Big Texas and has a good relationship with the hospital and other nursing employer trade associations and the Board of Nursing. See http://www.texasnurses.org/

Nurses, do you have peer review in your state mandated by law? If you are in Ohio, Kentucky, and Indiana, you don't.

1. If not contact your ANA affiliated State Nurses Association and tell them if they want your money to join the association, then "do some push-ups" and develop the muscle to push through a law that mandates Peer Review for Nurses in your state.

See http://nursingworld.org/FunctionalMenuCategories/AboutANA/WhoWeAre/CMA.aspx

2. If you are a member of a nursing union, you are paying money to the union. Ask your union to push forward a law in your state mandating peer review for nurses.

First, step. State Law Mandating Peer Review.

Second, step. Nursing Staff Bylaws similiar to Medical Staff Bylaws  that afford nurses the same rights afforded to docs.

One step at a time, right?

 

Top 10 Nursing Documentation Disasters webinar on Monday, September 20, 2010 at 4pm

I am presenting a 60 minute webinar each month of legal issues facing nurses. The September webinar will focus on my Top 10 Nursing Documentation Disasters with an emphasis on State Nursing Board complaints and workplace corrective action plans or terminations arising from these documentation issues.

The cost of the webinar is $30.00 for a 60 minute presentation.

No CE credit is provided.

Why would you attend then if there is no CE? Risk Management: to assist you with managing the legal risks inherent in your nursing practice.

 See http://nursing-jurisprudence.com/documentationwebinar.html to pay for the webinar.

You can register below at:

 

Top Ten Nursing Documentation Disasters

Join us for a Webinar on September 20 Space is limited. Reserve your Webinar seat now at: https://www1.gotomeeting.com/register/866369824 This 60 minute webinar will discuss legal issues and pitfalls associated with nursing documentation. Participants will learn the legal requirements for documentation of patient care and the potential legal ramifications of inappropriate or incomplete documentation. Although nursing documentation seems less critical than other client-centered tasks, documentation is essential in everything from planning the best patient care to defending a nursing malpractice lawsuit or preventing a State Nursing Board complaint. The presenter is LaTonia Denise Wright, RN, BSN, JD. Ms. Wright is an Ohio licensed RN and a licensed attorney in Ohio, Kentucky, and Indiana. She is an attorney in private practice in Cincinnati, Ohio. Her law practice involves representing, counseling, and advising nurses in State Nursing Board matters. The cost of the webinar is $30.00. No CE credit is provided. The webinar consists of a 45 minute presentation followed by a 15 minute question and answer period. Title:   Top Ten Nursing Documentation Disasters Date: Monday, September 20, 2010 Time: 2:00 PM - 3:00 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

The Impaired Nurse: Recognizing a Colleague in Need webinar on October 25, 2010 @ 4pm ET

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 Impaired Nurse: Recognizing a Colleague in Need

Join us for a Webinar on October 25 One out of seven nurses will experience a problem with drugs or alcohol over the course of his/her career. Appropriate, effective treatment can save a license, a career, and most importantly, a life. After the webinar, a nurse will be able to: 1. Identify the signs/symptoms of illegal and prescription drug use and abuse with nurses; 2. Review national and state nurses associations position statements and guidelines on the impaired nurse; and 3. Identify the most common questions and issues facing impaired nurses. 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. The webinar is moderated by LaTonia Denise Wright, RN, BSN, JD. The cost of the 60 minute webinar is $20.00. See http://nursing-jurisprudence.com/substanceusewebinars.html. Title:   The Impaired Nurse: Recognizing a Colleague in Need Date: Monday, October 25, 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/686181369

Substance Abuse in Nursing webinar on October 11, 2009 @ 4pm ET

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. If you need assistance with registering and/or paying for the webinar, please contact my legal assistant Michelle directly at 513-328-8217.

Substance Abuse in Nursing

Join us for a Webinar on October 11 This webinar covers the issue of substance use and abuse in the nursing profession. Substance abuse is the number one reason named by state boards of nursing for disciplinary action (Sullivan & Decker, 2001). For this reason alone, the subject warrants further discussion and consideration by all nurses. After this webinar the attendee will be able to: 1. Discuss the prevalance of addiction amoung nurses compared to the general population; 2. Review the use of prescription medication use and abuse in nursing; 3. Identify the role of State Nursing Boards in the recognition and treatment of nurses who abuse legal and illegal substances. 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. The webinar is moderated by LaTonia Denise Wright, RN, BSN, JD. The cost of the 60 minute webinar is $20.00. See http://nursing-jurisprudence.com/substanceusewebinars.html. Title:   Substance Abuse in Nursing Date: Monday, October 11, 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/169341705

Potential Nursing Students, Nursing Students, and NCLEX-Applicants: That's a Fact Jack!

Schools and colleges of nursing may be prohibited from inquiring into criminal convictions, mental health, and substance use treatment.

But guess what? The State Board of Nursing in some states can and do inquire into criminal convictions, mental health and/or substance use and abuse. The application to practice law is even worse, you have to disclose EVERYTHING including traffic tickets, civil cases where you were a plaintiff or defendant, and late credit card payments.

Where you are planning to apply for a license as a RN or LPN?

1. Take time now and review the State Board of Nursing Application for Licensure by Examination.

2. Do you affirmative responses? Yes or No. There is no maybe.

3. If you have affirmative responses, you need to speak with a nurse license defense attorney in the State where you plan to apply for a license. See www.taana.org.

That's a fact, Jack! Its called personal accountability and responsibility. Don't rely on "oh its going to be okay" before investing tens of thousands of dollars and countless hours in your nursing education.

Actually, I am waiting for a lawsuit to be filed by a Nursing School/College graduate in the State of Ohio related to this issue because its coming. You heard it hear first. We live in a very litigious society and the nursing students of today are not the nursing students from the 70s, 80s, and 90s (I graduated in 1993 and 1994).

I think we are going to see a civil law suit against a nursing school/college where a nursing school graduate was unable to retain a license or obtained a restricted license which impaired the graduate's employability. Its coming and my office is going to follow the case and report everything on this blog in real time. I like to gamble so let's bet $1.75 that a lawsuit will be filed in the next 2-3 years.  

Gone are the days where you can submit an application with multiple affirmative responses and still receive an unrestricted license to practice nursing. This is significant because I think prospective nursing student and current nursing students need to be aware of this very important fact. The Board of Nursing exists to protect the public from unsafe nursing care and if you are disclosing affirmative responses in your Application for Licensure by Examination with a State Nursing Board, there is a chance you:

1. May receive an unrestricted license;

2. You may receive a restricted license or a opportunity to contest the restricted license at a hearing;

3. You may be asked to w/d your application and reapply later or have an opportunity to contest this at a hearing; or

4. You license may be denied and you will have an opportunity to contest this decision at a hearing.

How do you know if this is going to be an issue for you? Speak with a nurse license defense attorney in the State where you plan to practice nursing. See www.taana.org.

If you are attending a nursing school or college now, you are planning to apply for a license with the Ohio, Kentucky, or Indiana State Nursing Boards and you have criminal convictions, you need to speak with a nurse license defense attorney. 

I spoke with a gentleman that had a number of misdemeanor convictions (DV, assault, stalking) and a felony charge which was pled to a misdemeanor. He was considering nursing school. I advised him (in a consultation and after reviewing his criminal case docs) that paying $45,000 to attend nursing school when he would have issues with not only licensure but also employability wasn't a good ROI (return on the investment).

Why not obtain training in another field where you don't have these issues? I know everyone wants to be a nurse but nursing is not for everyone. Yes, I said it.

Don't listen to your probation officer who recommends nursing!

Don't listen to your parole officer who recommends nursing!

Don't listen to your friends and family who tell you "everything is going to be okay because you changed and you are different person now" from who you were 1, 2, 3, 4, 5, 6, 10, or 15 days, weeks, months, or years ago.  

Don't listen to your nursing school instructors and faculty who tell you to focus on your coursework and worry about the State Nursing Board license after you graduate with $50K in student loans.

Speak with a nurse license defense attorney NOW not later you Now and Later. http://www.oldtimecandy.com/now-later.htm  

Did you know NCLEX Applicants comprise the highest percentage of Ohio Board of Nursing complaints now? See page 12 at http://www.nursing.ohio.gov/PDFS/2007AnnualRpt.pdf.

I am seeing more and more cases with NCLEX Applicants who were told "its going to be okay, just submit your letters of recommendation and support" and "the Board will give you a license." Really?

The 3M's of Addiction: Myth, Misbelief, and Misinformation

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/.

I am moderating the webinars. 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 3 M's of Addiction: Myth, Misbelief, and Misinformation

Join us for a Webinar on September 27 Space is limited. Reserve your Webinar seat now at: https://www1.gotomeeting.com/register/925851713 Why does all logic seem to disappear as soon as we hear the word "addict"? It seems we stop thinking with out cerebral cortex and begin reacting with our limbic systems. What is behind this almost automatic, visceral response to those we care for afflicted with this chronic, progressive, deadly disease? It's based on the 3 Ms of Addiction: Myth, Misbelief, and Misinformation. This webinar will look at the most common stereotypes and the science that can help as all become "Mythbusters"!  Common myths to be discussed include: ~ Drug addiction is a voluntary behavior ~ Addiction is a lack of willpower and/or character flaw ~ Forced treatment doesn't work ~ Treatment is a "one shot deal" ~ Treatment doesn't work ~ Addicts have to hit "rock bottom" before treatment will help ~ If someone is totally motivated, treatment only takes a few weeks ~Relapse is a sign of weakness and that further treatment is   worthless 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. The webinar is moderated by LaTonia Denise Wright, RN, BSN, JD. The cost of the 60 minute webinar is $20.00. See http://nursing-jurisprudence.com/substanceusewebinars.html. Title:   The 3 M's of Addiction: Myth, Misbelief, and Misinformation Date: Monday, September 27, 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