Nursing Law & Order

NYE is here and NYD is coming: Write my cell phone number on your arm with a crayon!

I will tell you because I am as honest as a defense lawyer can be (today).

License Renewal (May to August, especially Ohio Nursing Board RN renewals) and NYE/NYD licensure issues are like Christmas for me a nurse license defense attorney because of the number of consultations and clients retained. 513-604-9330

What do I mean by NYD? New Years Day. We all put things off and responding to Nursing Board complaints usually goes on the back burner for most nurses until after the holiday season. So that's means, its on, moving, grooving, and shaking starting January 1st.

But January 1st falls on a Saturday this year. Damn. 513-604-9330

Guess what? I am working this weekend. I mean all weekend.

What do I mean by NYE? New Years Eve; that's today. Oh you know.

1. You are in Board Alternative to Discipline Program for Substance Abuse and you have a few drink or you party like a rock star (including heavy drinking and maybe some snorting or pill popping).

2. You are on probation and monitoring with the Board and have random UDS but you decide to "go hard" anyway and roll on X;

3. You are having a ball with a close group of friends and someone breaks out "the weed." You know you work in a facility that does random screens but you decide to "puff, puff, and pass" the weed anyway; or

4. You are out with friends and your neck, back, stomach, and/or big toe starts to cramp therefore you pop a few of your second cousin's best friend's baby mama's Percs. No big deal right until the Pyxis count or Narc sheet is off and the facility tests UDT (urine drug tests) all of the nursing staff with access. The Medical Review Officer asks do you have a prescription for ______?

Have fun on NYE but don't take it too far. But if you go too far, just call me. I will listen and I will not judge you but you have to pay me; sorry estimated taxes and property taxes are due in Jan.   

If you need a telephone legal consultation because of NYE, I am available but its going to cost you more because I am working on law office case projects this weekend.

Just pay $250.00 for a legal consultation on my website and call my cell phone at 513-604-9330. See http://www.nursing-jurisprudence.com/onlinepayments.html. That's right its 513-604-9330

The number again (like in the commercials selling a product for a limited time for $19.95 in 4 installments billed directly to your credit card) is 513-604-9330. That's my business cell. Again that's 5-1-3-6-0-4-9-3-3-0.

If you were:

1. extremely naughty on NYE and you wake up with a hangover and legal drama with license and practice implications;

2. "balling out of control" on NYE and you have a DUI/OVI/DWI and/or other criminal charges; or

3. if you put off responding to the Notice of Complaint from the Kentucky Nursing Board or the Potential Violation Report from the Ohio Nursing Board until after the holidays and you need to meet with me ASAP; call my cell phone for an appt. Its 513-604-9330. 

One more time as you may have started sipping Barefoot Bubbly Moscato Spumante at noon today, that's 513-604-9330.

http://www.barefootwine.com/our-wines/overview/bubbly/MoscatoSpumante.html.

We served this at my husband's open house for his new business location on Wednesday night. We had maybe 60-80 guests at our open house and we had 18 bottles of Moscato Spumante Bubbly: six toasts. Let's just say, I didn't practice much of any law on Thursday. 

One of my grandmothers said the next day, "Tonda (she doesn't call me LaTonia or Tonia), that was a "party" not an open house.

No, really? I knew it was a party when one of my brothers yelled out at 11pm, "I am Gucci wasted on a Wednesday" and then proceeded to drink champagne and chase it with beer.

I thought an open house was a party!  Yes, we partied on a Wednesday and at 39 y/o (unlike 29 or 19) I am still feeling it on Friday. The open house was 7pm to 9pm and our last guests, my BFF and her fiance left at 2am.

Whether its NYE or NYD license, practice, criminal, or employment issues for you, I am available to assist you. If we are meeting in person at my Cincy office, just bring enough bottled water and McDonald's Apple Dippers for us both as a snack. 513-604-9330

And no, I am not having my cell phone number changed later today:) My son thinks I am lame for keeping the same cell phone number for 10+ years. One of my sisters told me "604" cell phone numbers are not every obtainable anymore. According to my son its fashionable to change your cell phone number every 6-8 months or after a breakup.

Really? I have 5 numbers for some family members and friends saved in my contacts because who has the time to figure out your right number anyway; I don't. I now save the cell phone numbers of certain family and friends as "Jane Doe Dec 2010 cell." I am not kidding because so many people change their cell phone numbers like they change their underwear: once a day, week, month, or year.

I have had the same cell phone number since 1997 and I am pleased to say this. I know its corny but I can still say it on my blog.

In all seriousness, be safe this NYE and have a wonderful NYD!!!! 513-604-9330.

Deuces!

Just Sign and Date on the Dotted Line!

There are alot of nurses or NCLEX Applicants who receive a Consent Agreement, Agreed Order, Consent Decree or another legal document from the State Nursing Board and just sign and date on the dotted line.

There is nothing from with just signing and dating on the dotted line but keep this is mind:

1. A Board of Nursing Agreement, Contract, or Addendum is a legally binding document between you and the Board of Nursing;

What is a contract? http://en.wikipedia.org/wiki/Contract

2. Make sure you understand the short and long-term consequences of what you are signing. Understand the who, what, when, why, and where of the Agreement or Contract;

3. Consider reviewing the Agreement and making notes. Then re-reviewing the Agreement and making additional notes and questions. Those questions should be answered (either by discussions with Board of Nursing staff, your own research, speaking with other nurses, or consulting with a license defense attorney) before you sign on the dotted line; and

4. Where do you see yourself in 30 days, 90 days, 6 months, 1 year, and 5 years after you sign on the dotted line?

As nurses, we enter into contracts everyday without a second thought when we sign up for a credit card, refinance a home, purchase a vehicle, etc. We are also accustomed to signing our name on legal documents: the medical record and patient or resident chart is a legal document also.

Just a note of caution. Before you just sign and date a legal document you receive from the State Nursing Board, pause and consider the consequences and implications of your signature.

Also stating you signed the State Board of Nursing Contract while intoxicated or under duress are not affirmative defenses in administrative law and license defense cases to VOID the contract.  

What kind of duress is needed you say?

* you were in a warm, small, and dimly lit room @ the State Nursing Board office for 15 hours which smelled of motor oil;

* you were not offered food or water for those 15 hour; although you were given two Tic Tacs q 15 min x 1 hour; q 30 min x 2, then q 1 hour thereafter;

* you were not permitted to leave the room as staff blocked the exit;

* your requests to use the bathroom were denied but you were given a gently used Chux; 

* you were not allowed to apply lip balm (which for me crosses the line);

* your cell phone was in front of you but you were not allowed to touch it; This drives you insane and you start pulling at your hair (I would anyway) because you received at least 185 emails, texts, IMs, pics, and/or calls (I do) in 12 hours; and

* you are emotionally distraught because you only placed a quarter in a downtown parking meter.

Then you finally scream out in pain (because let's face it no caffeine or Extra Classic Bubble gum for 12 hour is pain) and utter exasperation and despair (because you want to make it home to watch the Walking Dead marathon on AMC) yes, damn it, yes, I did it! I can't live with this anymore!

I can't take it? I will do whatever it takes, to resolve this now?

I confess to violating the State Nurse Practice Act while employed at Crappy & Uncaring Memorial Hospital; just give me the fu*%ing Contract, and I will sign and date on the dotted line.

Happy Holidays from me to you and your family.

 

I surrendered my Nursing License __ years ago. Can I get it back?

I receive several emails each month asking this question.

I am not sure if you can get your license back however here is good start and this ain't legal advice because you didn't have to pay me for it:

1. Find the documentation you received from the Nursing Board from the license surrender and read the document;

2. If you can't find the document surrending your nursing license, request a copy from the State Nursing Board;

3. Once you have the document and you have read it you can do any of the following:

a. Nothing. It's self-explanatory what needs to be done to have my license reinstated;

b. Nothing. It's self-explanatory that I can never have my license reinstated as my license surrender was essentially a permanent revocation;

c. Contact a license defense attorney in your State to review the document and answer your questions. See www.taana.org to find a nurse license defense attorney in your state.

d. If you need assistance with reviewing a document from the Ohio, Kentucky, or Indiana Nursing Boards, I am available. You will have to pay for and schedule a legal consultation with me however as I do not review documents and provide legal advice and counseling without entering into an attorney-client relationship. It protects me and you as also compensates me for providing a service. I cannot legal advice and counseling for free. See www.nursing-jurisprudence.com. Click on legal consultations.

You can also pay for and schedule a legal consultation with me online via my Bookfresh account. See

 http://www.bookfresh.com/index.html?id=d17ccb653369ca681a27c3aba4413d6a&view=buyer_flow

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

The costs of the consultation are self-explanatory.

1. If you live in the Greater Cincinnati area and you want to meet with me in my office. You can pay for and schedule an in-person appt. with me. The cost is $250.00 per hour.

However, if you:

1. have complaints pending in more than one state;

2. this is your second or third Nursing Board complaint (be honest please);

3. You are currently on probation or being monitored with the Board and there is another issue;

4. You are licensed in multiple states (like Ohio, Kentucky, and/or Indiana);

5. You are a APRN and there are multiple issues involved; 

6. You have a pending state or federal criminal case plus a Nursing Board case

7. You are self-employed (Independent Provider, owner of a home care agency, etc.) and you have a licensure issue

I am not trying to get more money out of you however we may need to spend more time together like: 90 minutes or 120 minutes.

No I am not going to kick you out of my office exactly at 60 minutes and I certainly don't watch the clock during consults. However I may start winding down the meeting as I may have other appts. scheduled after yours.

These are items to be considered when scheduling as my assistant or my receptionist schedules my appts. one hour apart usually. If you have a complex case or there is alot of information and background for us to cover, then pay for and schedule more time so we can plan accordingly.  

You open the mail expecting a million dollar check from Publisher's Clearinghouse and find a complaint from the State Nursing Board!

Don't panic. The Board is providing you with "notice" which is required by due process that a complaint has been filed against your license with the State Nursing Board.

Go ahead and scream, cry, curse, and put on a pair of steel toe boots and kick the shi% out of your printer. I kick my printer when I am angry; its healthy. Although, I can tell you I am less likely to kick the $800 color laser printer I have now than I was to kick my $100 black/white laser printers.

Then call your mom, BFF and significant other and scream, cry, curse, and rationalize your damage to the printer.

Take a day or two to gather your thoughts and review the information you received from the Board. Okay, now you are ready to proceed. Don't wait until a day or two before a response is due to the State Nursing Board to contact an attorney.

I will tell you what some of the Nursing Boards won't tell you. A complaint has been filed and this is a legal matter and case. This isn't a criminal case or a civil case but it is an administrative law case. It is a legal case.

Anytime you have a legal case, you have two options:

1. You can represent yourself and proceed pro se.

This is always the fastest, easiest, and cheapest way to proceed. If you want it quick and free, just fire off your response and see what happens. OR

2. You can have an attorney to represent you.

In order to proceed with # 2, you need want to investigate whether or not you:

1. Want to hire an attorney; Some nurses know from the beginning that they want and plan to retain an attorney; its just a matter of which attorney.

2. Should hire an attorney; Some nurses suspect they may need to hire an attoreny but are really not sure what are the pros/cons including the fees/costs. 

What are my thoughts?

1. If you are going to hire an attorney to represent you before the Board, research a variety of attorney websites, contact your State Nurses Association, etc.

2. When you speak with the attorney, find out if the attorney has handled cases similiar to yours with the same or similiar issues.

If not, then you should note this and then contact another attorney. You want someone who has experience dealing with your issues especially if those issues will result in discipline whether by agreement or after a hearing.

In some cases discipline is coming like Santa Claus its just a matter of how and when!

3. Going for an attorney who is the cheapest or less expensive isn't necessarily how you want to select your nurse license defense attorney. This isn't the Value Menu at McDonalds.

If an attorney quotes you a higher fee than average, then you should ask why? The attorney should be able to tell you.

4. If you are going to hire a lawyer, hire a license defense attorney who represents and counsels nurses. You want someone who practices before the State Nursing Board regularly.

5. If you are going to represent yourself then do your research and be prepared.

a. Don't later vent on the online nursing forums and chatrooms about how evil the Nursing Board staff and members are if you don't get the result or outcome you want.

b. Its not a good idea to rep yourself before the Nursing Board when you have pending or forthcoming criminal charges.

c. Its not a good idea to rep yourself if you are licensed in more than one state.

6. If you have a pending criminal case and you know it will result in a conviction, diversion, etc., consult with a nurse license defense ASAP. A license defense attorney can discuss the criminal implications with you and also communicate with your criminal defense attorney. Don't wait until the criminal is resolved and you are contacted by the Nursing Board.

7. Don't assume your criminal defense attorney has experience representing nurses before the State Nursing Board. You may need to retain a license defense attorney also.

I have one case in particular where a nurse relied on the advice of his/her criminal defense attorney who was clueless about the licensure issues and this resulted in serious, I mean serious, discipline.

I am upfront. I don't handle criminal defense cases and I don't sue healthcare organizations. I do nurse license defense, nursing law, and health law and admin law cases involving nurses and other licensed HCPs. I routinely refer nurses to criminal defense or employment law attorneys.

This economy ain't the best and some attorneys see license defense as a way to make a quick buck because let's face it: licensed healthcare professionals usually have more disposable income than your average person who may earn $9.00 an hour.  

8. If you have professional liability insurance with a license defense protection benefit, make sure it will allow your attorney to paid monthly as the case progresses. Some attorneys won't accept the assignment of your benefits in license defense cases without some type of payment upfront because the attorney is essentially "bank rolling" your case for months or years until its resolved and then the attorney can submit a bill for payment to the insurance company.

This may not seem like something that is important now but it can be when you are searching for attorney to represent you before the Nursing Board and all of the attorneys you speak with won't accept an assignment of your insurance benefit without some type of payment initially.

Think about it. Can you afford not to be paid for several months or years? Most attorneys cannot either.

I must admit, the majority of my cases are private pay and the nurse doesn't have professional liability insurance. However I do have a number of cases where the nurse has insurance with Marsh Affinity/Chicago Insurance or NSO/HPSO.

9. If you are going to represent yourself at least schedule a consultation with an attorney to discuss the allegations in the case before you proceed. At the most this will cost you a few hundred dollars.

Don't just fire off a 80 page handwritten response to the Indiana Nursing Board complaint, Kentucky Nursing Board complaint or the Ohio Nursing Board potential violation report.

10. Take a deep breath. Its going to be okay. If you received a complaint or potential violation report in the mail, don't panic. Take another deep breath. Take a swing of Pepsi and chase it with a shot of water with a twist of lime. Now that you feel better you can start doing your online research.

 

Ohio Board of Nursing: Notices of Opportunity for Hearing issued November 19, 2010. Is it hot in here or is it just me?

I am looking through the Notices issued at the November 19, 2010 Board meeting last month this afternoon. Holy Moly Batman!

What initially struck me was the number of the Notice cases in which the nurse or DT doesn't have attorney representation. Notice cases are the more serious cases before the Ohio Nursing Board and the majority of the nurses in these cases don't have attorney representation.

Also what struck me more so than in other months with Notices cases were the severity of the allegations in the November 2010 Notices. I haven't seen cases this serious since Sept. 2010 when I believe the Board issued 90 Notices and I posted on this blog.

The November 2010 Ohio Nursing Board Notice cases included:

1. Illegal Processing of Drug Documents and Theft of Drug convictions;

2. Felony convictions which trigger the ever-expanding moral turpitude standard.

If you pass gas in the check out line at Kroger's (a few hours before a major snow storm) and you fan it to the person in the back of you is this considered moral turpitude?

I think it should be as this is what happened to me over the weekend. I didn't appreciate it one bit.

3. Fact intensive misdemeanor convictions;

4. One individual is noticed who allegedly did not graduate from high school but has a DT and RN license.;

5. A "hit and run" or two;

6. Several positive drugs screens with no legally valid prescription;

7. Board of Nursing action in another state;

8. Falsifying renewal and initial applications for licensure;

9. NCLEX Applicants with criminal convictions;

10. Professional Boundaries;

11. Home Health fraud and documentation issues;

12. Professional Sexual Misconduct;

13. Unsafe nursing care allegations; and

14. garden variety practice issues and mishaps which are reported to the Board.

I recognize some names as nurses who have contacted my office. I have a good memory and sometime all it takes is the full name or a glance at the allegations in the Notice. A quick search of our SAAS law practice management system confirms this. I then compare my initial notes and documentation with the information in the Notice. Interesting!

I saw one case in particular that I have been expecting to see. This person contacted my office when already represented by counsel seeking answers to questions. I referred the individual back to his/her attorney of record. Don't try to pay for a $150.00 consult with me (to answer questions the attorney you retained should answer) when you have already paid another license defense attorney a retainer fee. Not here, boo boo.

I quoted the individual a high fee because I knew the case was complex and the nurse was a shopper. By a shopper, I mean a person who contacts multiple attorneys for advice, counseling, and possible representation or a nurse who has been represented by several attorneys.

Shoppers are a red flag for representation because the things they say about their former attorney (1st or 2nd attorney) will be the things they say about me (their 2nd or 3rd attorney) to the attorney they hire after I terminate them or discharge them or they discharge me (3rd or 4th attorney).

Speaking of red flags, I just terminated a client who I spotted as a "red flag" initially but the facts of the case were so very interesting. I take on a limited amount of red flag cases. What are red flag cases? I will post on this later in the week.

Back to shoppers. I can spot these folks a mile away and I quote high fees. I have had more than 10 shoppers this year and I can remember them all by the fact patterns.

Also looking at 2010, I can tell you I am seeing more and more complex cases involving the State Nursing Board(s). I am seeing more issues with falsification of renewal applications, criminal convictions and practice issues with LPN and RNs and I am seeing more complaints being filed against APRNS in Ohio, Kentucky, and Indiana.

Now, back to the Bat Cave!

 

Its a Privilege for me to Defend Nurses: A Thank You Card from a Client.

I received a thank you card from a CRNA this week and it made my day. I am still glowing. My client thanked me for being her attorney and being there for her. I have worked with this client for years and watched her transform her life and her practice gradually. 

This client asked me could she pay me more money because surely her representation has extended beyond the initial flat fee. I smiled and told her no but thank you.

Can you imagine a lawyer turning down money? I need to be evaluated by a State Nursing Board approved psychiatrist:)

I have several clients who I really admire. Especially those who channel the experience (State Nursing Board investigations, hearings, and post-disciplinary monitoring or alternative to discipline program monitoring are life experiences) to find themselves and their purpose.

We all have a purpose. What is your purpose?

This is part of email I sent to another client. I have worked with this client since 2005 on licensure issues. Yes, 2005. This is a client who has struggled with substance use/abuse and its implications for years and who I will be working with for several more years:

I wanted to cry after our meeting yesterday, not for you but for me. My law practice allows me to work with some amazing nurses who continue to "punch it" in spite of and despite.....
 
You are one of those nurses.
 
Thanks again for retaining me as your attorney.

That's why I love my day job and it routinely flows into a 2nd shift position for me as well. If I am working 7 days a week for months on end it doesn't feel like work.

I have another client I represented years ago who was terminated from a State Nursing Board Alternative to Discipline Program for Addiction recently. He told me he doesn't have liability insurance with a license defense benefit anymore, he doesn't have money to pay me for representation, and he would understand if I just hung up the phone.

I said to the client, you know me, what do you think I am going to do?

He cried.

Its not work if you love what you do and my law practice is my dream job as it affords me the privilege of defending nurses.

Ain't Nothing Like the Real Thing Baby and its called Legal Advice, Guidance, and Counseling

http://www.youtube.com/watch?v=svAs-6MiqxE

Several singers proclaim "ain't nothing like the real thing" including the Stylistics, Marvin Gaye & Tammi Terrell, the Jackson 5, Elton John, Beyonce, and others.

I spoke with a nursing student last week who had been given different advice by his friends, family, nursing instructors, and a general practice lawyer related to criminal convictions, clinical sites, licensure, and employability.

The advice given wasn't accurate and was all hedged on either " I am not a lawyer but" or "This isn't my area of my practice however." A one hour consult with me answered all of the questions and concerns.

An attorney-client relationship requires the payment of a fee and this is free:

1. If you are considering nursing school and you have concerns about whether or not your background will be an issue, do the following:

a. go to the State Nursing Board website and download the application for licensure by examination.

b. if you have affirmative response, contact a license defense attorney or nursing law attorney.

2. If you are currently a nursing student and you have concerns about whether or not your background will be an issue with licensure and employability, or future career plans, do the following:

a. go to the State Nursing Board website and download the application for licensure by examination.

b. if you have affirmative response, contact a license defense attorney or nursing law attorney.

3. If you are a LPN, RN, or APRN and you have concerns whether or not a recent criminal convictions or other issues will result in a State Nursing Board investigation, do the following:

a. contact a license defense attorney or a nursing law attorney.

b. I am always surprised by the number of nurses as licensed professionals who turn to online boards and forums for legal advice, counseling, and guidance instead of contacting a license defense or nursing law attorney. Yes, it may cost you a bill or two ($100) but you have what you need.

Nurses are licensed and although the debate still lingers about whether or not nursing is a profession (no standard entry level to practice), we consider ourselves professionals. 

 http://www.americannursetoday.com/BlogView.aspx?bl=6268&bp=6960  

Healthcare is highly regulated which is why the healthcare organization you work for has in-house attorneys to focus on the daily needs of the organization and outside legal counsel for overflow and more specialized legal needs of the organization that can't be done efficiently by in-house lawyers.

Lawyers are a must in healthcare now more than ever and this need is slowly trickling down from healthcare organizations and business to business transactions to individual licensed healthcare professionals who practice in or do business in healthcare. 

I put Equal in my coffee yesterday instead of sugar and it just didn't taste right. It was okay and I could get by with it but I knew it wasn't my usual and I questioned why I used Equal. I even told myself it was the same but it wasn't. I had a headache yesterday and I wondered was it because I used Equal in my coffee instead of sugar. I was cranky yesterday and I wondered if it was because I didn't get my coffee fix just how I like it: heavy, heavy. I am drinking coffee with sugar this morning.   

There ain't nothing like the real thing. If you need legal advice, counseling, or guidance, contact a state licensed attorney who practice license defense or nursing law. There is no substitute and as licensed healthcare professionals nurses IMO need to see legal counseling or representation as "a cost of doing business" which is inseparable from the privilege of practicing in a highly regulated healthcare environment and workplace.

I am not advocating nurses keep lawyers and law firms on retainer like healthcare organizations  because this is cost prohibitive however nurses need to understand when legal issues arise, you can't always turn to your employer for "what's in your best interest", this is the role of your OWN personal legal counsel.

Your State Nursing Board Complaint is coming and just like Christmas its only 3 weeks away!

You work in a very busy ER in the downtown of a mid-size city. You are a seasoned ER nurse and you have worked at this facility for 12 years. The last 2 years have been rough however. You divorced from your spouse of 15 years last year in 2008 and have shared custody with your 5 kids ages 15, 10, 7, 4, and 2. Also your elderly parents live in the area and you take on the primary responsibilities of keeping them in their home through a combination of home care and other social services. You have one sibling, who lives in another country and only returns to the country every three to five years to visit.

You received a verbal warning in January 2009 for being rude to a patient who was in the ER with drug seeking behavior. In May 2009, you were wrote up for the inappropriate remarks and verbal tongue lashing you gave a floater nurse who was "moving to slow" during a code situation.

You written up in July 2010 after being a verbal swearing match that almost turned physical with a nursing house supervisor related to the process of admitting ER patients. There were conflicting accounts of staff of what actually happened but you were viewed as the aggressor and a fitness for duty was ordered. You were evaluated and you followed the recommendations. You return to work after a 3 week paid leave and you are welcomed back by the nurses, docs, and other staff in the ER.

A pregnant woman comes in to the ER with her husband. The women is having chest pain. Within 20 minutes of her arrival to the ER, several of the couples friends, family, and colleagues also arrive at the ER.  This is the couples first pregnancy. They were married two years ago and both have successful careers as pharmacists. The woman is 4 months pregnant.

While you are assessing the woman, she tells you she is nervous and scared. You tell her "Honey, I have 5 kids and this is nothing. Just wait and you will see, this is only the beginning."    

You arrive at work the next day and find the ER Manager, the Assistant CNO, and HR waiting for you. They ask you about your care of the pregnant women. You recount your care and state there was nothing out of the ordinary as the woman was admitted for observation. They ask about your statement about "this is nothing" and you say it was taken out of context and you were only trying to help calm her down.

They tell you that you are being terminated effective today, December 4th for being rude to a patient. They tell you this incident as well as the previous infractions are being reported to the State Nursing Board. They also tell you that the pharmacists are really upset and are also planning to report you to the State Nursing Board.

Its December 4th. You have been terminated from your employment and reported to the State Nursing Board. You don't have your own professional liability insurance policy because you didn't think you needed it. Its Christmas time and you certainly don't want to spend any money on hiring a lawyer because you didn't do anything wrong here as this is ajust a  misunderstanding of the worst kind.

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

1. Should the employer report her to the State Nursing Board?

2. Do you think she violated the State Nurse Practice Act, Board Regulations, or any professional standards?

3. Do you think her termination was fair? She is of course at-will employed.

4. Do you think she should hire a lawyer now to represent her in the State Nursing Board case which is coming just like Christmas?

5. What are the personal issues here?

6. What are the professional issues here?

7. What are the goals for the future?

I consider myself as a license defense defense attorney to be "a clean up woman." http://www.youtube.com/watch?v=vh-2_kdVcyA. No, honey, I am not stealing anyone's man (I have my own) but I am legally responding to what happens when a variety of "shelved" factors collide and the results (whether intended or unintended) are complex and may include but not limited to personal, financial, emotional, professional, licensure, criminal, employment, civil (med mal), mental health, regulatory, workplace, credentialing, or privileging stressors or events.

Sometimes, just sometimes, the license, while the obvious concern in a State Nursing Board complaint investigation and adjudication, is really not "that important" when everything else is considered.

I will give you an extreme example. If you are the Black Swan (which damn it I CAN"T WAIT to see. We may drive to Indy or Columbus to watch next weekend) and you have an active and valid license to practice nursing, the question is not can you practice but should you practice? http://www.imdb.com/title/tt0947798/  Maybe there are somethings you need to do for yourself before you should practice although you can practice now. This is the hallmark of a professional putting the needs of the industry you serve and service before your own needs, wants, and desires.

So what are you saying LaTonia. As a nurse license defense attorney, I will you tell; your license is important but there are always things more important than your nursing license right at this given moment. Sometimes its my role as your attorney to help you see this.

 

 

 

Did you miss me? I am back to the basics and back to blogging baby after being MIA x2weeks!

I haven't blogged in awhile because I had an evidentiary hearing today in Muncie, Indiana that I have been preparing for. I tell you, evidentiary hearings can wear you out because you have to prepare (subpoenas, witness lists, exhibits lists, direct examination, cross examination, etc.) and prepare your client.

This was my first time in Muncie, Indiana and I drove up the day before the hearing because its a 2 and 1/2 hour drive from Cincinnati. I am back in Cincy and I am tired but I am glad my next scheduled hearing isn't until mid Feb. 2011.

Don't give up on me or the blog. I have plenty to blog about and will be updating the blog daily from now and until the New Year.

For starters, I was accepted in the MSN psychiatric NP program at the University of Cincinnati College of Nursing this week to start summer quarter 2011. I am excited!

Go LaTonia, its your birthday, we gone party like its your birthday, We gone sip Martini & Rossi Asti Spumante, like its your birthday......I am sure you know the rest of the song by 50cent.

I will start with one class as I am sure this is all my law practice will allow because I am busier than a kid with a crisp twenty dollar bill in a Dollar Tree. http://www.dollartree.com/home.jsp

Can you help me with my homework?

Also we had 3 deaths in my family in November 2010: my great grandmother, my great uncle (one of my great grandmother's brothers), and my great grandmother in Greenville, SC.

My great grandmothers (and my great uncle) are in glory but I still have two grandmothers (who raised me like corn) within 3 miles of our home. Have I said this year how much I love my grandmothers?

Well, I am saying it again like I did last year: my grandmothers are a gift from heaven.

http://advocatefornurses.typepad.com/my2cents/2009/08/please-say-a-prayer-for-my-grandmother-she-is-having-surgery-today.html.