Nursing Law & Order

I am not Willy Boo Boo! The truth will set you free. However retain a lawyer first.

Growing up with my cousins and we would role play with props. We would play for hours together and imagine ourselves on the moon, sailing across the seas on a pirate ship, or as super heroes saving the world from injustice. We had vivid imaginations. When one of us said something so unbelievable and so preposterous even by 8-10 year old standards, some one would yell "I am not Willy Boo Boo."

Who is Willy Boo Boo? Willy Boo Boo is a fictional person of course who believes anything and everything he is told without question. You said it so therefore it is and must be the truth.  

As a nurse license defense attorney I certainly cannot be a Willy Boo Boo because its not in the client's best interest. Sometimes I am thinking "I am not Willy Boo Boo" but I can't say this. I just seek clarification and independent means to verify a particular statement and establish facts. I am searching for the truth like Neo was searching "something" in the first  Matrix movie. (I watched the Matrix this weekend on my I-pad).

I have been told there are three versions of the truth: yours, mine, and the actual truth. The actual truth being an unspoiled, untouched, unblemished, and unadultered version of facts located somewhere in the middle of a closed room without ventilation filled with a thick and impenetrable green fog of teenage flatulence, carbon monoxide, and cigarette smoke.

The truth will set you free. http://wiki.answers.com/Q/Who_Said_The_Truth_Shall_set_you_Free. Amen, if I am at church.

"The truth will set you free. But not until it is finished with you." http://www.goodreads.com/quotes/show/18719. I really like this one.

How about this one? The truth will set you free. However retain a lawyer first.  

 

Say it fast before it changes: 100% of my cases involve nursing students, NCLEX applicants, LPNs, RN, and APRNs: Its all about nursing (today) at the Law Office of LaTonia Denise Wright, LLC

Nurses if you are charged with a misdemeanor (unless simple traffic and that doesn't include a DUI, baby!) or a felony hire a criminal defense attorney.

You are also a licensed healthcare professional. Therefore despite what your criminal defense attorney tells you or recommends (unless your criminal defense attorney also has extensive experience representing nurses before your State Nursing Board) you need to obtain a curbside consultation (thank you to Edie Brous for coining this term at the TAANA pre-conference last week) from a nurse license defense attorney. TAANA really needs to reach out to the criminal defense bar on this issue.

Oh and I don't mean a license defense attorney who represents other healthcare professionals and maybe just a nurse or two here and there over the last 20 years. You want to consult with a nurse license defense attorney who practices extensively before your State Nursing Board.

How will you know the level of your attorney's experience? Review their qualifcations, CV, website and then ask questions.

I cannot state the importance of speaking with a license defense attorney when you are charged initially with a crime. I have seen so many cases where nurses are told by their criminal defense attorney that "the criminal case doesn't involve a nursing practice issue", "you didn't kill a patient", or "the conviction is totally unrelated to your practice of nursing."

I have also seen cases in this economy where attorneys who don't normally take these types of cases actually take a case before the State Nursing Board because they need the money or normal practice areas are drying up. If you have litigated civil and criminal cases as a criminal defense attorney, you know that you can handle a little "piddly" complaint with a State Nursing Board, right? Hell its only adminstrative law.

If I had $49.95 for each time this pops up, I would have an outdoor shower and 4-5 person outdoor sauna with a small patio with white columns and roofing to match our front porch off our garage. Hint, Hint. This is our spring project for 2011.

The nurses rely on this advice to their detriment in the licensure matter with the State Nursing Board. Licensure cases are becoming more complex and discipline against a license has short-term and long-term implications. The criminal case IMO is the priority of course (you can go to jail, directly to jail, not pass go, and no collect your $200.00, i.e. the loss of liberty) however your nursing licensure (your golden ticket to fame, fortune, and being fabulous) is huddling close to the right of the criminal case and your current and future employment and career is on the left of the criminal case.

You are licensed nurse and your nursing license is important to you. Are you the job? I hate to admit it but I am and this rings true for most nurses. I heard this "I am the job" on Law & Order SVU. Make sure you are giving your nursing license the attention it deserves when sorting out a criminal case.  

Your criminal defense attorney can work his/her magic on the criminal case as that's their specialty. However in most cases, criminal defense attorney are criminal defense attorneys and your criminal defense attorney does not have the expertise, experience, and knowledge to successfully counsel and advise you on the licensure, employment, and career implications that a plea, convictions, pre-trial diversion, etc. will have on your nursing license. A nurse license defense has the Pixie dust you need to sprinkle on your license. (I watched Peter Pan on my I-Pad this morning).

You need a nurse license defense attorney not an attorney who practices before another licensing boards. Do your research, make the calls, and find someone to counsel and advise you when you have a pending criminal case. Your license depends on it and its just that serious, boo boo.  

For example, I recently referred one of my clients to several of my colleagues who regularly practice before the State Medical Board because my client is seeking licensure as a MT. Could I represent my client (who I have represented before the Nursing Board) before the  Medical Board and charge an addtional fee? Of course but I wanted my client to speak with and retain a medical license defense attorney who practices extensively before the State Medical Board. That's just not me.

LaTonia Denise Wright, RN, BSN, JD

Nurse License Defense Attorney 

My thing is nursing law and my passion is nursing. Don't tell anyone but did you know I blush when I read the Nurse Practice Act and I get a "coffee rush" sensation just from reviewing a complaint from the State Nursing Board? 

I just resolved cases before the Social Work Board, Drug & Alcohol certification board, and professional counselors board, so I am proud to state that 100% of my clients as of today (who knows I may get a call from a RT, PT, LISW, OT in the morning) are LPNs, RNs, APRNs, nursing students, and nursing school graduates.

Its all about nursing (today) at the Law Office of LaTonia Denise Wright, LLC:) 

TAANA Preconference in Lexington, Kentucky on October 20, 2010

I spoke at the TAANA preconference in Lexington, Kentucky on the State Nurse Practice Act and Board of Nursing Complaints and Hearings.

I was able to finally meet several TAANA members with whom I have corresponded with by phone and/or email.

Congrats to my buddy Edie Brous who is a nurse license defense attorney licensed in NY, PA, and NJ on her election as President of TAANA.

See http://ediebrous.com/.

See www.taana.org.

CE: Healthcare REform 2010 on Wednesday, October 27, 2010 from 6pm to 7pm in Cincinnati, Ohio

See Download SONA10-10-27 CE event flyer[1]

End of Life: Healthy Living, Grieving and Dying Educational Symposium in Cincinnati, Ohio on Saturday, November 6th

I am presenting a poster presentation in Fort Wayne, Indiana on this day at a CAPNI conference otherwise I would attend this CE event.

See Download 10-11-06 AOM End of Life Flyer[1]

My Criminal Defense Attorney contacted the State Nursing Board and was told........

If you are a nursing student or a LPN, RN, or APRN and you are charged with a misdemeanor (unless its strictly a traffic infraction. DUI/DWI/OVI ain't just a traffic infraction) or a felony, you probably have an attorney whether its a public defender or a criminal defense attorney you retained to represent you.

I know you probably don't want to spend anymore cash but you need to speak with a nurse license defense attorney also about your situation.

What is a license defense attorney? See Download Licensedefensebrochure

I have had multiple consults with nurses who were convicted of misdemeanor(s) or felony(ies) in the last 3 months who told me "my criminal defense attorney contacted the Board of Nursing attorney and was told" one of the following:

1. Nothing is going to happen with this;

2. The case will be reviewed at a later date;

3. It depends;

4. We may be in touch with the nurse.

The Board staff are not being evasive, IMO. Its not that cut/dry to provide a definitive answer on the spot without a complete picture of the facts, criminal case history, and records. Also its not the role of State Nursing Board staff to tell your criminal defense attorney what can, may, might, should, would, or could happen after you are convicted of a state or federal crime.

Then the nurse receives a Notice of Opportunity for a Hearing from the Ohio Nursing Board or receives a Notice of Complaint from the Kentucky Nursing Board or the Indiana Attorney General Office of behalf of the Indiana State Nursing Board.

This is why you need to speak with a license defense attorney who practices before the Board because a license defense attorney can tell you more precisely where this is going based on his/her experience and what your options are before you accept a plea or after you accept a plea in a criminal case. Criminal convictions, licensure, and employability are the second Bermuda Triangle in nursing IMHO right after the application of nursing law, ethics, and professional standards in the nursing workplace. Did you know I published an article on the same a few years ago? See http://www.ncbi.nlm.nih.gov/pubmed/18524302.

Healthcare licensing boards across the country are asking about criminal convictions on licensing renewal applications and may also require criminal convictions to be reported to the Board within 30, 60, or 90 days of a conviction.

If you want to know "what's up" with your license, then you need to speak with a nurse license defense attorney in your state or jurisdiction. See www.taana.org.

Chemical Dependency Counselors and Mental Health Therapists: Please stop giving legal advice to nurses and stay in your role!

I don't want to be confrontational but okay here it goes, again. http://advocatefornurses.typepad.com/my2cents/2009/06/bootleg-attorneys-chemical-dependency-counselors-therapists-and-evaluators-giving-legal-advice.html

I don't pretend to have the education, credentials, or skills to provide mental health or substance abuse counseling to nurses so why is it that I am finding that more and more mental health therapists and substance abuse counselors want to give legal advice to nurses involved in a State Nursing Board complaint, investigation, and hearing.

Please stay in your role and stick to what you were trained to do.  Your focus is TREATMENT.

Something you see as "simply" a "self-report to your State Nursing Board and appling to the State's Alternative to Discipline Program" is usually much more complex especially if there is criminal or if the nurse is licensed in more than one state.

If you didn't know it then I will tell you: you are not a license defense attorney so stop trying to be one and operate within your job description. Does the position description of a mental health therapist or substance abuse counselor with Progam X or Program Y include providing legal advice and counseling to nurses? I don't think so, pumpkin.

Your recommendation to self-report and apply to the State Nursing Board alternative to discipline program for chemical dependency is "legal advice." Don't stop now. Can you then counsel and advise the nurse on the pros and cons and short-term and long-term legal implications of this decision?

I know you are really only trying to help but if you really want to help suggest to the nurse that she/he really needs to consult with or retain an attorney to navigate the maze of licensure, career, criminal, educational, credentialing/privileging, regulatory, and employment issues involving substance use and abuse disorders or dual diagnosis.

I also love it when someone prefaces the advice with "I am not a lawyer and this ain't legal advice but this is what Nurse A, Nurse C, Nurse D, and Nurse E our program did...."

I will tell you what my buddy Jack Stem told me his role as an OSANA peer advisor is: to save the life of a CRNA struggling with addiction, not to save a career or license. This was debated and discussed at a AANA meeting this year and it was stated of the role of a State Peer Advisor is to save the life of a CRNA struggling with addiction.

Let me add, its the role of a license defense attorney to address the career and licensure issues, NOT a chemical dependency counselor or a mental health therapist. If you really want to help the nurses in your program suggest that they contact a license defense attorney and stop enabling them by giving bootleg and bootstrapped legal advice.

 

Its official: I am on the Board of Directors of the Southwestern Ohio Nurses Association

I am on the Board (again) of the Southwestern Ohio Nurses Association (SONA). SONA is a district nurses association of the Ohio Nurses Association which is a constituent member of the American Nurses Association.  

My goals in rejoining the Board are as follows:

1. Increase the attendance at SONA educational meetings during 2010 and 2011; and

2. Work with other Board members to spark interest in SONA here in the Greater Cincinnati area.

See http://www.sonanet.org/.

 

Hot Mama will "Just Say It": having a nurse license defense attorney objectively evaluate your case and situation.

Sometimes (okay actual alot) when you are a license defense attorney you have to just say it. My role as a license defense attorney is represent, counsel, and advise and sometime I just have to say it.

I tease my two of my nephews (Jakael and James) and tell them they have to call me "Hot Mama." They call me "Nain-Knee" because when they were little they couldn't say "auntie." They call my mom as "Big Mama." I will tickle them until they call me "Hot Mama." Now, when I ask them jokingly what's my name, they will look at each other, laugh, the other will say "just say it" and both will say "Hot Mama." They just say it. With Christmas approaching I think I will have them call me "Sugar Mama." 

Saying it ain't easy because its not what clients (RNs, LPNs, APRNs, nursing students, nursing school grads, prospective nursing students, etc.) want to hear. But in a professional services relationship (compare and contrast with a personal relationship like a friendship) that's what I am being paid to do: just say it.

I can swim, dance, sing, and play around with it but bottomline I just have to say it. I can preface it will potential outcomes and possibilities but I still have to just say it. Nike says "just do it" and that's what's up but if you are involved in a State Nursing Board complaint or if you are a nursing student who will respond in the affirmative to one or more compliance questions on the State Nursing Board App. for Initial Licensure by Examination, you need an attorney to "just say it"!

I met with a client last month and I actually felt a pang in my chest when I said it. This is one of the most serious cases I have seen in my 9 years of license defense practice involving a nursing school graduate when evaluating the person's suitability for license and prospects for employability.

I said it because it was my role, my job, and my professional obligation as an attorney but I felt a pang in my chest. I really do care about my clients and nurses in general.

I also spoke with a nursing school graduate who appeared before a State Nursing Board and was denied a license because he/she was told by the Board that his/her criminal convictions indicated a "pattern" of misconduct and criminal behavior. This individual looking at his/her own situation didn't see this and proceeded to complete the application for initial licensure and appeared before the Board without any attorney representation IMO totally unprepared and oblivious to the Board perspective when evaluating suitability for licensure.

So what am I saying? Just say it.

If you are a nursing student or considering nursing school, I am going to tell you what your nursing program won't or can't tell you and you don't need to spend tens of thousands of dollars with me.

I will accept a check for tens of thousands of dollars however from you:) Actually I attended an Ohio League for Nursing CE on Competency in Nursing this week at the Greater Cincinnati Health Council and I mentioned this to a nurse educator also from a local nursing program.

If you are considering nursing school or you are currently enrolled in nursing school, PLEASE do the following:

1. Decide where you are planning to sit for a license once you graduate from nursing school;

2. Print out a copy of the State Nursing Board Application for Licensure by Examination. Review the Compliance questions on the Applications to see if you need to make ANY affirmative disclosures.

Ohio Board of Nursing

See

http://www.nursing.ohio.gov/PDFS/Forms/Exam%20App%20Packet%2010.2010.pdf. Take a look at page 5.

Indiana State Board of Nursing

See http://www.in.gov/icpr/webfile/formsdiv/50024.pdf. Take a look at page 2.

Kentucky Board of Nursing

See the Board website at http://kbn.ky.gov/license/.

3. If you are required to disclose any AFFIRMATIVE answers on the application and I mean ANY, schedule an appointment with a LICENSE DEFENSE ATTORNEY asap, like today.

a. You think you might to need to disclose but you ain't sure, call a license defense attorney.

Most attorneys may charge for a consultation but what's a few hundred for a consultation vs. tens of thousands of dollars for your nursing education vs. hundreds of thousands of dollars in lost income related to restricted employability over a 10-30 year nursing career?

I charge $150.00 for a thirty minute consultation. $250 for a 60 minute telephone consultation or a 60 minute in-person meeting. See http://www.nursing-jurisprudence.com/legalconsultations.html. Its actually more economical and a great return on your investment (ROI) to consult with an attorney? Who would have thunk it?

4. If you are planning to apply for a license by examination with the Ohio Board of Nursing, Indiana State Board of Nursing, or the Kentucky Board of Nursing, I can assist you. I am licensed to practice law in Ohio, Kentucky, and Indiana. Call my office to schedule either an in-person or telephone appt. with me at 888-571-1110 and you don't have to call me Hot Mama and I will just say it because its what you need to hear to realistically evaluate your options and decide how to proceed.

5. Don't believe what your nursing school program or instructors tell you about your chances of licensure and employability. These folks mean well but they are not a nurse license defense attorney and its not their job or role to evaluate your suitability for license and your employability. Don't get me started on folks needing to stay in their role and job description!  That's another post.

6. Don't spend 15k to 45k on a nursing school education on the hope, prayer, or expectation that you will receive a restricted or unrestricted license without receiving some legal advice and counseling.

I know your mom, spouse, friends, family members, instructors, etc. are telling you it will be okay (I can call my mom right now and say "mom I robbed an elderly woman of her bingo money last night but I didn't use a weapon, she wasn't injured, and a wore a mask" and at some point in our very long 10 hour conversation she will say "honey its going to be okay") but sometimes "its going to be okay" just ain't enough. 

Extreme example but you get my point. That's what "they" are supposed to tell you (even if they are really thinking you are fracked) because its not their job or role to REALLY provide you with objective advice and counseling.   

7. There is a tendency to review your own situation with rose-colored glasses and to only see the "good" and rationalize the situation. http://www.answers.com/topic/rose-colored

Me, its my role and job to "just say it" because that's what you pay me to do, right? You want to know the good, the bad, and the ugly about your case. Consult with an attorney to objectively evaluate your case and your situation in you have a State Nursing Board complaint and especially if you are a future NCLEX RN or LPN Applicant this includes your suitability for licensure and employability.  

 

Digging a Ditch in a State Nursing Board case: Are you in the trenches and headed towards Middle Earth?

This has been an interesting week at the law office of LaTonia Denise Wright, LLC. I had two nurses ask if we would accept post-dated checks for representation. http://en.wikipedia.org/wiki/Post-dated_check

I cannot accept post-dated checks to retain my services and start to work on a State Nursing Board case. Why?

1. If the check doesn't clear, I will only withdraw from representing you immediately;

2. If the check doesn't clear, I bank at 5/3 which assess a $35.00 fee to my account;

3. If the check doesn't clear I will be plenty p*ssed because I know better than accepting a post-dated check to initiate a professional services relationship;

4. I am not a pay day loan center;  http://en.wikipedia.org/wiki/Pay_day_loan

5. You can retain me when you have the funds;

6. The last time I accepted a post-dated check (4 years ago) I lost the check and I am superstitious:)

7. Its bad business to start a professional relationship with a promise of payment in the future.

Both of the cases where the nurses wanted to pay me with a post-dated check were SERIOUS cases with the Ohio Board of Nursing. The nurses needed representation, counseling, and advising YESTERDAY.

We suggested in both cases that the nurses retain us:

1. when the funds are available; 

2. borrow the funds from a check cashing service, friend or family member or tap into your life insurance, 401K, 403B, etc.; or

3. Ask a friend or family member if you can charge the fee on their credit or debit card.

If you didn't know I will tell you: legal representation, counseling, and advising is a must in some State Nursing Board cases.

Don't believe the hype on allnurses.com and other nursing chatrooms, forums, and boards that you can "rep yourself" with ease before the State Nursing Board. It ain't all cut and dry or all black or white and if you could rep yourself with ease then before the State Nursing Board then there wouldn't be attorneys like me who limit their practice to representing nurses and healthcare professionals in healthcare regulatory board investigations, hearings, and post-discipline matters. http://en.wikipedia.org/wiki/Don't_Believe_the_Hype

State Nursing Board cases are becoming more and more complex depending on the issues involved and navigating the process and procedure alone can be cumbersome. If you are in ditch, you can keep digging in and go deeper and deeper in the trench until you hit Middle Earth. http://en.wikipedia.org/wiki/Middle-earth. Go Frodo!

Or you can seek assistance (whether its legal, spirtual, financial, emotional, mental health, medical, etc.) and climb out of the ditch and get back on the road. You always have a choice and its a decision you have to make. Decide who you need on the team of "you" and move forward.

This isn't a fairy tale and I ain't Cinderella: Is this your 2nd, 3rd, or 4th State Nursing Board Complaint?

I met with a client in Shelbyville, Indiana on Sunday (and took my lovely grandparents and my husband to lunch at the Indiana Live Casino), Jack and I met with a client and her mother on Tuesday in Westerville, Ohio, and today I am meeting with clients in Lexington, Kentucky. No speeding tickets, no speeding tickets. I am road warrioring it this week, baby.

Today is Oct. 1st and last month was a busy one in my law practice. I am seeing more and more cases with nurses who have been investigated more than once by a State Nursing Board.

Just a little practical information here:

1. If you have been reported to the State Nursing Board more than once, then you need to re-evaluate your nursing practice, your behavior, and the environments where you practice. You need an objective evaluation of your nursing practice to answer why and what's up.

2. If this is your 2nd, 3rd, or 4th State Nursing Board complaint, you need legal representation. Seriously. Don't try to wing it with online nursing chat rooms and reviewing info from the State Nursing Board website. You should have retained a lawyer yesterday.

3. If this is your 2nd, 3rd, or 4th State Nursing Board complaint make sure you tell your lawyer this VERY IMPORTANT fact initially. Just say it and practice saying it now with me.

Hi Lawyer, this is my 2nd State Nursing Board complaint and I would like to retain you.

Hi Lawyer, this is my 3rd State Nursing Board complaint and I need you now.

Hi Lawyer, this is my 4th State Nursing Board complaint and I needed you yesterday.

I get upset when I am representing someone and I find out from State Nursing Board staff this is the 2nd, 3rd, or 4th complaint against this nurse. I fire these clients or request an additional true retainer.

Maybe I need counseling and long-term therapy because I have an issue with liars and being lied to as a lawyer. I guess I shouldn't because its not my license on the line when I am lied to repeatedly by a client but it urks me to no end. There are soooooo many other folks you should lie to besides your LICENSE DEFENSE LAWYER who is defending your golden ticket to opportunity i.e. your state nursing license.

Its human nature to lie or put a spin on the truth. What's the truth anyway right? Please. See this post.

http://advocatefornurses.typepad.com/my2cents/2009/07/dishonesty-deceit-and-deception-my-name-is-a-i-am-a-nurse-and-i-am-a-liar-.html

Personally, I love and respect my clients who said "LaTonia I f*cked up and I know it! Now where do we go from here?" Now that's what I am talking about! Keeping it real, putting it out there, being brutally and painfully honest and being accountable for one's actions or inaction professionally and assuming responsibility. But this isn't a fairy tale and you ain't Cinderella, right?

4. If you hire a lawyer be honest with your lawyer. There are plenty of other folks you can do the deception, dishonesty, and deceit cat and mouse games with  like your husband, wife, significant other, kids, friends, family members, collegues, counselors, therapists, etc but not with your lawyer. Please not your lawyer! Don't tell me what you think I want to hear. This doesn't help you and its certainly doesn't help me represent, counsel, and advise you.

5. One complaint can be anything, two complaints could be something but three or four complaints or more could, maybe, or might suggest a pattern. Don't kid yourself. If you are currently being investigated by the State Nursing Board and this isn't your first complaint, here is your sign.

Okay, I feel better just writing this! This blog is my kind of therapy: cheap and available 24/7.