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!

 

Comments

[tanya]

I just get a kick out of your narrative on these blogs. you provide important information with a twist of laughter. You display a great personality. I am all but definite that you will go above and beyond well in representing your clients. Wish you were nationwide.!!!LOL!