Nursing Law & Order

Jack Stem, the Nursing Case Manager with the Law Office of LaTonia Denise Wright, LLC publishes an article in the West Viriginia Nurse

See http://www.nursingald.com/Uploaded%5CNewsletterFiles%5CWV2_11.pdf.

Congratulations, Jack!

You know Jack don't you? Jack's title with my law office (which is supposed change every 24-72 hours like IV tubing depending on policy you happen to grab) is Nursing Case Manager.

Jack works with me on substance use and abuse, impairment, prescriptive authority, drug diversion or substitution, and documentation discrepancies with MAR, Pyxis or med cart.

Why are health care facilities still using med carts and lock boxes in this century? That's another post.  

Jack owns Peer Advocacy for Impaired Nurses (PAIN) and is also involved in the Peer Assistance Committee of OSANA and the AANA. See http://www.peeradvocacyforimpairednurses.com/.

Jack wears mutiple hats; no really he wears multiple hats.

* We were in Columbus, Ohio twice this past week for client meetings.

* We are traveling to Lexington, Kentucky this Thursday for client meetings (I will be in Columbus, Ohio again this Tuesday).

We will be in Williamson, Kentucky for a day and half the week after next for client meetings.

If want to meet with us and you are in Southeastern Ohio or Way Way Way Eastern Kentucky, call the office or email me. We can add you to our Route 52 Tour.

http://en.wikipedia.org/wiki/U.S._Route_52

The week before last, I went to Washington Courthouse two days in a row for client meetings and to Columbus, Ohio on another day. I don't mind meetings near the Washington Courthouse exit on 1-71 as its close to an outlet mall and a Bob Evans so its really not a problem for me. I have a standing appointment with the Farmers Choice Breakfast. I love you Bob Evans!

We are road warriors (until the second week in Feb. anyway because my feet hurt): driving in frigid temperatures on dangerous ice and snow covered one lane dirt roads in a beat up 1973 Volkswagen Beetle (without heat) assisting nurses with legal needs throughout Ohio, Kentucky, and Indiana.  

I am Xena, the Road Warrior Princess. http://en.wikipedia.org/wiki/Xena.  Take a look at that costume!

I will have to ask Jack who he wants to be; he will probably say, Just Jack. Actually, Just Jack is plenty if you know Jack.

Congratulations again Jack.

 

 

Boundaries in the Attorney-Client Relationship: Betrayed Trust. Today & Tomorrow

The attorney-client relationship is built on mutual trust. The seeds for trust start either by phone or with an in-person meeting and then develop and mature over time.

I have a client who has been lying to me. Not just white lies, little lies, or your average lie, but lying to the extent that the person doesn't know where the truth stops and the lies start. 

I always establish and maintain boundaries with my law firm clients because being friends with a client is a NO NO because its harder to provide objective advice, unbiased counseling, and give someone the "cold hard facts" and the "low & lovely legal" when you are friends.

Nurse license defense is intense; well it is in my law firm. We work closely with our clients and over the weeks, months, or years (yes, pumpkin, years in some cases) the seeds of a friendly attorney-client relationship are planted. Some of my cases, we are working together just a few weeks or months with phone calls, several meetings, and that's it while others are weekly calls, monthly meetings, emails, and text messages. It just depends.

Also this isn't a law firm factory where we have 500 cases pending at one time and a swarm of lawyers, paralegals, and secretaries servicing a case. You call the office, you speak with the receptionists. Then there is Jack and there is LaTonia. I get to know my clients and their cases.

There are clients with nicknames like Big Lot Betty, and The Jam Lady (who is paying for her legal defense with jars of homemade strawberry jam) and others. I had a client send me a wedding present and the gift sits right next to our wedding certificate in our entryway. I receive Christmas and birthdays cards from the clients. I had one client send cookies (and this person knew I was dieting) on our 1st wedding anniversary last summer. I am a nurse and I represent nurses so it can get a little emotional or personal at times. Its the nature of the beast.  

My husband asked me last week, why don't we have a pool party for your clients here this summer?  I told him by the time, I had everyone sign the appropriate disclosures, waivers, disclaimers, and I had everyone essentially sign a document essentially saying "we are not here and this didn't happen" that it wouldn't be a very fun pool party. I can't imagine a pool party without alcohol and I certainly couldn't serve alcohol at a pool party with nurse license clients. 

Why? Alot of my clients are in Board of Nursing Alternative Programs or have Agreements, Orders, or Contracts which require UDS and prohibit the consumption of alcohol.  

Imagine, a Notice of Opportunity for a Hearing from the Ohio Nursing Board suspending the license of Nancy Nurse for violating her Consent Agreement:

NANCY NURSE in her statement to the Board indicated she attended a party given by her attorney on May 31, 2011. She consumed several fruity colorful and extremely well made beverages shaken, stirred, and/or blended by attorney. NANCY NURSE as she backed out of the driveway of attorney's home at 4am was pulled over by a police officer on a bicycle and was arrested, charged, and convicted of felony OVI in just 3 days.

Also in violation of her Consent Agreement, NANCY NURSE submitted to a UDS on June 1, 2011 and tested positive for alcohol and Tramadol. NANCY NURSE has a history of alcohol dependency. She does not have a legally valid prescription for Tramadol. NANCY NURSE states that someone at the pool party gave her a pill for a headache and NANCY took pill because in the direct sun it resembled "Ibuprofen when wet." 

This is just a hypo folks. But you can see why entertaining clients sounds nice but no, pool party at LaTonia's.

Betrayed Trust.

I was angry. I was upset. However I was angry and upset because I was hurt. But I realized today its more than just hurt feelings or a bruised ego; its betrayed trust. This nurse betrayed my trust and it hurts.

Actually I expect lying, deception, deceit, and dishonestly in PERSONAL relationships with friends, relatives, and others because its human nature. But I guess this is where I struggle to connect human nature with the essence of nurse legal defense and counseling and advising because I do not expect my clients to lie to me; I expect this behavior in personal relationships but not professional service relationships. Yes, it happens but I don't expect it.

Why? I assume my clients want to provide me with helpful information for their defense. 

You tell me but what a##wipe would:

*Intentionally lie, deceive, and/or provide inaccurate, incomplete, or otherwise untruthful;

*Materials, documents, statement, or verbal representations;

* To the nurse license defense attorney;

* Providing legal representation before a State Nursing Board;

* Counseling and advising the nurse on the implications of a complaint and the implications and consequences of The "D" (discipline); 

*When the Advice, Counseling, & Representation provided by said attorney is oh so DEPENDENT on the instructions of the client?

Bottom line:

Attorneys exist to serve the public and provide a service. The case belongs to the client. I tell my clients, its your case and its your license and I explain my role.

An attorney represents, counsels, and advises you based partyly or primarily (it depends of course) on the information you provide. You are paying the attorney for this service. Therefore, why would you lie to the person you are paying thousands of dollars for a service? Are you nuts?

If I did nurse license defense just to pay the bills then I might feel differently. But nurse license defense is more than a job to me just like practicing law in a law firm limited to nursing and nursing law issues is more than a niche to me.

I have a client who betrayed my trust and it hurts. Like anything else, this too will pass but it is what it is today. Today, my feelings are hurt and I feel a pinch in my chest today.

 But because it hurts today, this lets me know that I care about my clients and their case and their license, today and tomorrow.

 

 

 

Contract Law 101: Don't Sign and Then Expect Changes to the Contract Later Cute Boots don't like ice

Its a basic premise in contract law; you agree to the terms, conditions, and language in a contract BEFORE the parties sign, date, and the contract is ratified.

What does this mean for nurses?

1. Don't sign a State Nursing Board document, agreement, or contract you do not understand. Either hire a lawyer to explain it and all the language and the implications to you or ask the Board staff to explain the document to you line by line by line;

2. Don't sign a State Nursing Board document, agreement, or contract thinking you will sign now and change the terms later or just return. This isn't Rent A Center.

3. Don't sign a State Nursing Board document, agreement, or contract now and then contact an attorney later  (weeks, months, or years) to see what arguments can be made to change the document, agreement, or contract you signed.

4. Don't sign at the advice of friends, family, and others "to just get this over with" unless you know what you are signing and you understand the implications of your signature.

5. Don't have your neighbor's cousin's best friends baby mama who is a 3rd year law student review your State Nursing Board document, agreement, or contract. Contact a nurse license defense attorney in your state or jurisdiction for an appt.

6. Don't look for advice and counseling bootleg on the online nursing boards, forums, and chatrooms on the pros/cons of signing a document, agreement, or contract with the State Nursing Board.

Why? Not all of the information provided on those sites is truthful or an accurate representation of a case. How do I know?

Because I have read posts on these sites and was able to figure out "oh sh*t, this is/was my client, a prospective client, or a consultation" and "oh h%ll, this person is not providing accurate case info." Oh, well.

7. If you can't afford to hire an attorney or pay an attorney to consult with you. Then rely on yourself. Do your research and homework and become informed before you sign; review the online nursing forums but don't take it as the gospel;

8. If you need to return a document to the State Nursing Board by Friday and you received the document on Wednesday of the same week, then contact the Board staff assigned to the case and request additional time to review the document. It can be granted or denied but its an option;

9. Don't just sign, date, return, hope for the best and that all will end well because in the end life is what you make of it, I am a good person and good things happen to good people, reach for stars and touch the moon, you have to give it your best shot, and I am giving you the best that I got, baby. Oh, snap. This is an Anita Baker song.

http://en.wikipedia.org/wiki/Giving_You_the_Best_That_I_Got

But you get my point; don't hype yourself things your mom tells you just to make you feel better. This isn't a Lifetime Movie; its your life, your license, your career, and your livelihood.  

For example, yesterday I worked from 9am to 7pm non-stop; just coffee refills and bathroom breaks. I anticipate doing much of same from 8am to 2pm today. I left my home office at 7pm yesterday and it was dark.

As I am walking down our driveway, I slip on a sheet of ice, hit my head on our large plastic trashcan and fall hard to the ground. I sit up and check to make sure I didn't break or fracture anything. I ask my son to find my purse (always find your "pocketbook" after a fall first), check my Droid X to make sure it still works (or we were headed to Verizon also), and if I broke my new hair band (I know; I am into hair bands now).

I call husband first and then my grandmother. and tell her that I fell. She tells me its okay and its going to be alright. Was I injured? Do I need soup and a warm bread? Do I need her to come over? I laughed at this point because I can't imagine her coming over to comfort and baby me but then falling in the driveway on the same ice patch. 

My grandmother new exactly what to say to make me feel better and besides the headache, a bent plastic hair band with damp flower accessories, a sore right index finger, and the bruised ego of having my son watch me fall in slow motion and then just sit on the ice patch for 3 minutes (while he did not laugh in my face; after he helped me up and to the car; he went back to house "to get a bottled water." That's what he told me anyway; he went into the house to laugh. I know because I heard him laughing, screaming, and yelling so hard he couldn't catch his breath and he was panting; he is so animated when he laughs), I feel much better.  

10. Finally, if you live in the Midwest and you are dealing with combos of the snow fest and the ice freeze, buy a pair of Timberland boots. I don't own a pair but I will soon.

http://shop.timberland.com/product/index.jsp?productId=10862021

or

http://shop.timberland.com/product/index.jsp?productId=11163825.

I don't know why but I had on my "cute boots" yesterday when I came out. My cute boots are cute and warm. My cute boots are apparently scared of ice.

I am buying a pair of Timberland knee boots this week and a pair of the inexpensive Walmart work boots (each boot costs for $9.95 separately; or you can buy a pair for $15.00) that have a "skinny jeans" grip on the pavement and ice. You can walk up the walls and on the ceilings with these boots.  

I am Triple X with the State Nursing Board, this is an extreme emergency, and I have a question for LaTonia about a case: Liar, Liar, Pants on Fire!

Triple X called the office and indicated this is Triple X from the State Nursing Board, XXX had a question for me about a case, and it was an extreme emergency. 

My receptionist was excited and in a panic.

Why? I am a nurse license defense attorney who practices before State Nursing Boards; calls from Board staff, Hearing Officers, All Attorneys, and Administrative Law Judges are Priority calls of course.

But guess what, so are calls from clients and prospective clients. This is why I have my own practice and its limited to nurse license defense because my clients are nurses as a nurse all nurses are important.

Okay, I pause:

1. I have never received an "extreme emergency phone call from State Nursing Board staff" EVER, NEVER, EVER. 

Even if its a Summary Suspension case in Ohio, immediate suspension in Indiana, or Immediate Temporary Suspension case in Kentucky, Board staff have never said "this is an extreme emergency and I need to speak with LaTonia now." 

Why? Because LaTonia responds and returns calls, emails, etc. promptly. PERIOD. I am not your previous lawyer or the lawyer your neighbor worked with on her divorce or personal injury case and could never reach.

My law practice isn't structured that way. Its LaTonia, Jack, receptionists, and soon to be a virtual legal assistant. We don't have 80 staff members and we track calls, inquiries, and information coming and going in my law office like a person on a diet trying to look decent and "easy on the eyes" in a tasteful bikini when their swimming pool opens on May 30, 2011 counts calories and carbs.

Yes. I am not on a diet per se; but I have lost 30 pounds! Okay but that's another post and yes I still have a Pepsi a day; just more water and I eat less than 1200 calories per day. I know! Okay, but that's another post.

2. Board of Nursing staff have my direct office dial, my home number, my office fax and my personal fax, and my cell phone. I have Board staff office telephone numbers programmed into my cell phone and also my email on my DROID X.

3.  Also, WTH is an extreme emergency?

An extreme emergency is a matter of life or death.

I am not a death penalty criminal defense attorney so I don't get calls saying "hey LaTonia return this call in 10 minutes or the switch will be thrown or call us back in 20 minutes because we are priming the tubing." I don't receive those types of calls in my practice, sorry.

4. When I saw Triple X my first thought was "there is no one by that name who works with State Nursing Board A,B, or C" however despite the fact that most Boards are having staff furloughs because of state wide budget cuts related to the economy, maybe there is a new Board staff person with this particular Board by the name of XXX.

Then in 5 seconds, I searched by online service as a software law practice management system and saw this nurse had contacted my law firm several months about a pending disciplinary investigation before the State Nursing Board.

Just a few things:

A. Anytime your license is being investigated; its a priority for you and it should be a priority for the attorney you contact. If you contact a license defense attorney its a priority. That's the bread and butter for a license defense attorney.

B. We return all calls within the hour, a few hours, and certainly within the day. My office returns all phone calls and responds to inquiries. PERIOD.

C. You want to reach me fast because you need to respond to a Kentucky Nursing Board Complaint, Ohio Nursing Board Potential Violation Report, and/or Indiana Nursing Board complaint by a DEADLINE. You can do one or more of the following; I don't really don't mind:

1. Call my office at 513-771-7266 or 888-571-1110;

2. Email me at [email protected] or [email protected]. These are my business emails.

3. Complete a form on this blog (those are emailed directly to me);

4. Complete a form on my primary website at www.nursing-jurisprudence.com (those are emailed directly to me);

5. Complete a form on my second website at www.nursing-jurist.com  (those are mailed directly to me);

6. Fax your State Nursing Board complaint to my office. 

My office receives faxes via email and I receive those emails instantly. Our fax number is 888 580 1119;

7. Call and/or text and leave a voicemail for Jack Stem at 513-833-4584. Jack will find me and say "hey, This just came in.....";  

8. Call and/or text and leave a voicemail for me on my cell phone at 513-604-9330; Don't just call and not leave a voicemail.

9. Pay for a Legal Consultation on my website at www.nursing-jurisprudence.com; you need to speak with me immediately and you want me to review documents, right? Click on the online payment icon; If you retain me, we can deduct this from your flat fee true retainer for representation; and/or

10. Go ahead and pay for a legal consultation on my website or with my bookfresh account which allows you to also schedule appts. online; See

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

I receive an email about a payment instantly and I immediately say start to wiggle because I have received a payment of  "the green" and I may be able to go to Big Lots and buy dog treats, cleaning supplies (I like to clean! and that's another post), and start making Valentine cards and baskets for 45 nieces and nephews and decorating my husband's business for Valentines Day.  

I am wired 24/7 and I love it. No burnout here, pumpkin as I am going hard and I love it! 

Although, because I am not a liar I must admit, I probably won't start graduate school for my MSN this summer because of my law firm case load. Also I am doing and enjoying more traditional wife activities like taking an active role in my husband's business and assisting him with his career goals. Hot damn, but that's another post. True, hard core and card-carrying nurse fems stay tuned!

I turn my Droid X on silent now (I can't turn it off; that's another post) at bedtime because my husband gets irritated hearing "DROID" all night with emails and text messages I receive (personal and business); let's not even go there with Facebook updates! DDDD-RRR-OOO-IIII-DDDD! I love to here this. http://www.youtube.com/watch?v=yVZIlmzohbo

I smile because when I hear "DROID" I think its money or its about money and I start to wiggle and its text about one my nieces upcoming birthday party at Chuck E. Cheese. I swear you need take a Flexeril (legally prescribed; this is Nursing Law & Order) at the door before entering a Chuck & E. Cheese for a preschooler or toddler birthday party. Its off the hook madness from the time you enter until you leave.

I actually was "reprimanded" much like a State Nursing Board reprimand (without the fine, CE or publication in the Board Newsletter) for turning over in the morning and reaching for my Droid to the left instead of checking on my husband to the right. I responded I am left-handed and its my natural response to turn to the left in the morning not to the right. I now turn to the right (while I am thinking, I wonder what awaits for me this glorious morning to the left?)

Seriously, don't lie and say you are with the State Nursing Board when you call my office. I have an issue with liars (see my previous blog posts over the years). I do and I am willing to admit it. Why lie? :)

I would rather you take a quarter out of my purse (that's all you will find in my purse because I don't keep any green on me) and steal from me (take the quarter at the bottom of my purse; but if you go into my wallet and take my debit/credit cards I am prosecuting you for theft, reporting you to the State Nursing Board, and putting my hands on you in self-defense of course) than lie to me.

I know, are you reading more aggression in my posts lately? I know; I am working on it (I am lying) and I can't wait until the weather breaks so I can start walking 2-4 miles a day again instead of using gym equip. I really can't wait because walking helps with stress and a sleep better at night after my long walks.

Its casts such a negative net and unnecessarily so when you say this, I am Triple X with State Nursing Board A, this is an extreme emergency, and I am calling LaTonia about a case with a question.

It also makes me think you think I am "slow" because surely if you are contacting a nurse license defense attorney and saying you work for the Board, the attorney would know that you don't work for the Board or the attorney can find out easily whether or not you do work for the Board.

Then I start to wonder, is this a mental case? Is this a red flag client? Do I need to have Jack "background" this person now? Is this person just f'ing with me and my staff just because? Who does this? Then I get angry. Not Incredible Hulk  green angry, but just 2 second Mountain Dew yellow angry, then I say "Code Orange" and I move on.

Code Orange in my law practice means a no way, no client.

So bottomline, I am always accessible to prospective clients. I am also working on current client cases which are important and a priority also. It doesn't take my office DAYS or WEEKS to respond to any inquiries and therefore you don't have to misrepresent yourself and say you work with the State Nursing Board and you have a question about a case to get my attention.

Deceit, Deception, and Dishonesty!

See 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

Bills, Bills, Bills, and more damn Bills: I don't have money to pay for a legal consultation

Okay, January is always a rough month for most of us because credit cards statements come in from the manic shopping sprees not to mention property taxes in some states (like Ohio; we just received the property tax bill for our rental property), grade school or college tuition payments, estimated tax payments (don't even get me started), and other bills.

Its Bills, Bills, Bills, and more damn Bills in January. What a way to start the year, right? But unless you are filthy rich, bills, bills, bills  and more damn bills is part of ordinary life.

However bill, bills, bills should not put on in an "analysis paralysis" and stop you from seeking legal advice and counseling.

How do you know that you need legal advice and counseling and maybe representation despite bills, bills, bills, and more damn bills?

1. You receive a Notice of Complaint from the Kentucky Nursing Board and you slap your husband in the face because you think he mistakenly filed the divorce petition (you have been waiting on) with the Kentucky Nursing Board;

2. You receive a phone call from an Ohio Nursing Board investigator. You return the phone call after you "smoke" because you want to be "loose.";

3. After a bar brawl, which was not your fault, although you have a BAC almost corresponded with your college GPA (non-nursing courses of course)  you tell the arresting officer and every officer in the station that  "I am a RN at ______ Hospital on the ____ unit and I am going to have your badge" so many times that the Chief of Police contacts the State Nursing Board to verify that you are really a nurse because according a bartender you can "throw a mean right hook"; and

4.  You appear for your licensure reinstatement hearing before a Board Hearing Panel with "an attitude."

Even if you have bills, bills, bills, and more damn bills, you may have to go  "cheap and dirty to get the skinny." Get your mind out of the sewer, this is a legal blog.

Cheap and dirty is a legal consultation. Its cheap because you are spending a hundred dollars or so for a consultation vs. several thousands for a retainer or flat fee for traditional representation.

Its dirty, not in the filth sense of the term, but dirty meaning "worse case scenario, best case scenario, and everything in between" that you can obtain in 30, 60, or 90 minutes; almost like a speed date. The skinny = options.

Bite the bullet and seek a curbside legal consultation if you have burning questions or issues related to your nursing practice or license. Yes, it going to cost you money, but your sanity and your piece of mind are: priceless.

I wish I could help everyone who contact me; I really wish I could help everyone. Jack reminds me all the time that we can't "save" everyone. I want to save everyone even if its from themselves; this is the nurse in me. I know it because I want to help everyone who contacts my office.

However I cannot provide legal advice or counseling without establishing an attorney-client relationship: either as a legal consultation or retaining me for a traditional attorney-client relationship. This requires the payment of a fee.

Bills, bills, bills, and damn more bills.

 

 

DUI/DWI/OVI, whether its one, two, three, or four: Seek Assistance

If you are a LPN, RN, or APRN and this is your first, second, three, or fourth DUI, OVI, or DWI charge, listen up.

1. Hire a criminal defense attorney who specializes or "limits" his or her practice to traffic and driving offenses or find an attorney with years of experience in criminal defense including DUI cases.

There are attorneys who practice nothing but traffic and driving law like:

Chuck Strain, the DUI Guy, here in Cincinnati.

See http://www.duiguy.us/

2. Talk to and more importantly listen to a license defense attorney to determine IF there are any licensure or regulatory implications.

3. If you are diagnosed with a chemical dependency, follow the recommendations. If even you were not diagnosed with a CD and you think you have a problem, then you have problem.

4. Its important to talk to friends, family, and colleagues but when you are licensed professional and something legal slaps you in the face, consult with an attorney. Having a state issued license distinguishes you from your neighbor, who has a "good job" but isn't licensed. Licensure is another ball of wax.

Something as simple as the following:

Let's say you are out celebrating and you have too much to drink at a local bar. You are a Respiratory Therapist and RN and you have to be at work at 7am and its 1am. You do this 1x a week and you know your limit. Your plan is to get home by 2am, sleep until 6am, and request a light assignment at work the next day because of your asthma.

You are a good nurse. Recently divorced but in a good relationship now. One child. You were elected to the school board several months ago. You come from a good hardworking middle to upper class family involved in public service and fundraising.

Good student in undergrad. You are a working on your masters in nursing and will finish next semster with your Acute Care NP. You work on an adult med-surg and telemetry unit and have worked on the same unit for 12 years. You also work prn at the local childrens hospital. You are also in the Hospital's elite float pool and you can float anywhere and practice: from the ICU to the ER without issue.  You just received your CNIII and received the Hospital's award for nurse of the year two years ago.

You have to urinate but you are unsteady to go back into the bar and wade through the herd so you decide to urinate outside towards the back of the bar.

You fall asleep while taking care of business. Your friends leave as they assume your cab picked you up because they don't see you. You awake after being handcuffed by two police officers who found you after a report was called in by a bar employee emptying the trash.

You are arrested and charged with:

1. Public Intoxication;

2. Disorderly Conduct;

3. Lewd Conduct; and

4. Incedent Exposure; and

5. Having the tongue on your right gym shoe out and your shoe lace untied in public.

WTH! The County Prosecutor thinks you are a sexual offender and is pissed because her kids elementary school is less than a block from the bar; a bar she and several citizens have wanted to close for years because of bar fights, crime, and a homicide last year. This may be the sensational story needed to revoke the bar's liquor license and campaign is being mounted by a local but very active citizens value group.

The charges made the local newspaper and radio as someone from the bar recognized you as a school board member and a nurse from the hospital.

A complaint is filed with the Nursing Board because of the seriousness of the charges and that you work in a pediatric hospital.

The childrens hospital takes you off the schedule until the case resolves.

At your primary position, you are meeting first with your union rep, the union president, and the union's labor attorney after your release from jail. Later that afternoon you are meeting with HR, your manager, and the CNO.

The School Board has called an emergency meeting and wants to meet with you and your attorney.

You are still in a daze thinking how did it come to this?

 

Is Law School a Losing Game? The Nestea Plunge

If you are a nurse in considering law school or enrolled in law school, please take a look at this article which was published in the New York Times yesterday.

http://www.nytimes.com/2011/01/09/business/09law.html?src=busln

I receive a number of inquiries from nurses considering law school each month and I respond to those inquiries by saying "do your research and consider your options" before you apply and take the plunge.

Law school IMO is a Nestea Plunge. http://www.youtube.com/watch?v=6rqRx__HI9c

Even if you take the Nestea Plunge and there is water or tea behind you, you feel as if you are drowning and you have to come up for air first; then you have to swim to shore or edge of the pool; and this takes sometime as well.

Although it is one of the best decisions I have made, I took the plunge in 1994 and I graduated in 1997. It was not an easy journey from nurse to law student to law school graduate to attorney in a large firm to attorney in her own firm.

Also this is 2011and it is a different market for law graduates not to mention the  cost of legal education vs. your salary as an attorney. Believe it or not, there are nurses who make more money than attorneys.

 If your goal is too make money there are easier and faster ways to make money than a law school degree, especially for nurses. Nurses can get a MSN and do the CRNA or NP route or start a business providing healthcare-related services.

If you want to practice law, then go to law school but here is my advice for nurses:

1. Keep your law school debt to a min; don't MAX out with student loans.

2. Continue to work as a nurse while you are in law school to pay for your education and increase your marketability after graduation;

3. Consider attending law school part-time and working full-time or part-time as a nurse;

4. Network your a** off while you are in law school and attend as many functions as you can, participate in law school clinics for practical experience, and try to clerk during the summers for a law firm or another agency for the experience and extra cash;

5. Choose your law school carefully. There are tiers of law schools and this can be important depending on your plans after graduation and your career path. Consider the tier of the law school vs. your plans for the future. Don't select a law school just because you received a full scholarship. Do your research.;

6. Develop a 5 year plan for law school and post graduation and include this in a law school journal/diary so that you can track your progress.

Don't Black Swan or Black Cob yourself just for the hell of it! http://www.imdb.com/title/tt0947798/

7. Consider other graduate level degrees including an MBA, MSN, MPH and the JD. What are your goals and what is your career plan?

8. Research nurse attorneys and nurse lawyers. Review the blogs and websites and other information;

9. If you want to practice law (criminal, family law, personal injury, med mal, etc.)  spend a day at the courthouse and observe the attorneys and court personnel; and

10.  Ask yourself how do you plan to combine the nursing and the law and then try to find an attorney in your area to mentor you while in law school.

Bottom line: Don't take the Nestea Plunge without a pool of water, tea, or Kool-Aid behind you.

Family Drama and Criminal Convictions and Dispositions: Just Take a Deep Breathe and Repeat "This too shall pass." It works!!!

This has been a very dramatic holiday season like most others in my family but I have learned this is "normal" when you have a large number of immediate and extended family members living within a 10 miles of each other. I have 100+ family members within 15 miles of my home. Its the best of times and it can be the worst of times also.

After this Holiday Season starting with Halloween and ending finally with New Years Day, I can honestly see why Assaults, DVs, Disorderly Conducts, Batteries, Public Intoxs, and other criminal charges occur around the Holiday Season.

So when a nurse tells me a story that ends with an immediate or extended family member being slapped or a swearing match and the police were called around ANY holiday (I use the term holiday loosely to include Valentine's Day, St. Pat's Day, ect.), I as a nurse license defense attorney don't think Oh, God, how could this happen or why did you do this?

I always think, wow! This could have been me. This is similiar to what I wanted to do _____ days, weeks, months, or years ago to my ____ at my _____  5th____ party! 

Life happens and I make a good living because life happens and the person just so happens to have a nursing license or wants a nursing license.

Just take a deep breathe and repeat "This too shall pass", then sit down, take off your shoes and socks, and count all of your toes and repeat this 10 times. After sitting on the floor counting your toes, this calms you down and you will suddenly realize what you have to lose and what all you are risking with this encounter and you will laugh. Everyone else will give you 10-20 feet of space now because they think you have finally lost it.

You are a nurse 24 hours a day/7 days a week/365 days a year.

I am a nurse and an attorney 24 hours a day/7 days a week/365 days a year.

Enough said! Don't blow your stack. Its soooo easy to step in dog crap, but its very difficult to get the crap off your shoes and it takes even longer for the smell to dissipate.

Safe Staffing Summit: Ohio Nurses Association and the Ohio Nurses Foundation

See http://safestaffingsummit.wordpress.com/.

Rest in Peace Teena Marie: I am so glad I saw you perform at the Macy Jazz Fest in 2010.

As I am sure you are aware, Teena Marie died.

See http://www.examiner.com/celebrity-social-media-in-national/singer-tina-marie-dies-r-b-singer-teena-marie-dead-at-54

Lots of folks showed their love, respect, and adoration for Tina Marie on FB and the internet after she passed. So here is mine.

I love Teena Marie! You can still can feel the power and passion in her voice when you listen to her music. I started listening to her music in junior high and high school. If one of my friends in high school broke up with a boyfriend, guess what artist we listened to over and over and over? Lady T.

The lyrics were raw and the beats in combination with the lyrics when applied to high school and young adult relationships, trials, and tribulations was unnerving and unsettling. You actually thought, this song was written for especially me to be listened to at this exact moment! Her music meant that much to me as a teenager and young adult.

On my personal facebook page, my friends were naming their favorite Tina Marie songs the day she died and recounting the influence of her music. Nothing but praise for her and her music and mourning for her death.

What are your favorite Tina Marie songs?

Mines are as follows:

1. Out on the Limb is my fav;

2. Naked to the World is the truth;

3. Fire and Desire is a classic;

4. Dear Lover is poetry;

5. Square Biz is a jam;

6. Surrealistic Pillow is deep; just listen;

7. Ooo La La La is a classic; and

8. Once and Future Dream is deep; just listen.

The Naked to the World album rocks hands down.  

She didn't sing Out on a Limb at the Macy Jazz Festival in 2010 but she rocked the stadium, IMO more so than the headliner. http://www.macysmusicfestival.com/

I danced my a** off when Tina Marie came on stage. I will tell you again (I think I mentioned this in a blog post) I haven't danced that hard since high school. I danced, screamed, shouted, sung, and even cried from the second Tina Marie took the stage and until she left the stage. 

My husband blamed it on the alcohol but it wasn't the alcohol (two $12 Long Island Ice Teas); my visceral and vacillating responses were genuine. I experienced the same wide range of emotions at 39 y/o from Lady T's music that I felt when I was a 16 y/o.

Her lyrics were so transformative and dispositive of my high school years and early adult life and experiences that whenever I hear a song even now; I pause and reflect about what the song meant to me then and how I felt then when I listened to her music; I can still feel and sense my emotions even from 20+ years ago; that's what a Tina Marie song means to me.

Rest in Peace, Lady T.

 

 

Home Health RN needed for the Plaintiff in a med mal case

This is an immediate need. Please forward.

An attorney colleague needs:

* a  RN to review medical records and provide an opinion for the plaintiff in a med mal case;

* must be available for a deposition and trial as a expert witness;

* RN, BSN or RN, MSN with certifications preferred;

* unemcumbered and unrestricted license (i.e. no discipline of any kind by any regulatory board); and

* prefer home health and long term care background, significant experience providing direct care in home health, and currently working in home health either in direct care or management.

Email your CV and a cover letter detailing your experience/expertise and your hourly rates for record review, depos, and trial to me at [email protected] .

Don't Assume a Post on Nursing Law & Orders refers to you and your case!

DISCLOSURE

Please don't assume a post on this blog refers to you or your case.  The Nursing Law Bandit (this is my alias) averages 5-20 inquiries a week by phone, website contact forms, fax, email, or text from nurses. That's right pumpkin, on average, I receive 5-20 inquiries a week. 

I also represent, counsel, and advise 568,921 nursing students, NCLEX-Applicants, LPNs, RNs, and APRNs in my nursing law and nurse license defense practice. I wish! 

The blog posts here are similiar to the collage you made in first grade; bits and pieces are pulled from the following:

1. cases (past, present, and future);

2. legal consultations (past, present, and future);

3. workplace consultations (past, present, and future);

4. law firm inquiries (past, present, and future); and/or

5. dreams and/or nightmares (past, present, or future), both real and imagined by Attorney.  

 When I blog, I am in the Matrix and I never identify a nurse by name. I also don't mention nursing employers by name but mention by industry. This is a professional courtesy and also sound risk management.

This blog is read by a number of individuals across the country. Past, present, and future law firm clients read this blog. Yes, you will be a client of the Nursing Law Bandit one day; you just don't know the "why" and "how" like Neo in the Matrix I, Matrix II, and the first 2 hours of the Matrix III.

I pull information from a variety of sources when writing a blog post. I don't blog about one specific individual or one specific case as I use my critical thinking skills to incorporate tidbits of info from various cases, consultations, inquiries, etc. and then I shake it, mix it, beat it, and bake it in my Easy Bake Oven until it rises and forms a blog post.  

For example, if I blog today about drug diversion and you happen to have a consultation with me about your diversion of drugs, don't assume the blog post refers to you. Why? A large percentage of my cases, consultations, and inquiries received involve allegations of drug theft and substance abuse. 

Therefore unless I indicate your full name and credentials, license number and state of licensure, along with your mother's maiden name and the last four of your social security number (backwards and upside down of course) in a blog post, do not assume a blog post refers to you.

There are no rules which state I must post only on current cases, consultations, and inquiries.  Idon't draft blog posts in chronological order. I don't have a timeline for blog posts and there isn't a script for me to follow.

Its open mic and old school freestyle on Nursing Law & Order and I am mixing, scratching, flowing, and human beat boxing my blog posts. I guess blogging is like hip hop in that sense. Damn, I just made myself laugh.

If you are asking yourself now what is human beat boxing, I am going to scream. Please tell me you know about the human beat box.

http://en.wikipedia.org/wiki/Beatboxing.

The Fat Boys are Back! This is the Human Beat Box by the Fat Boys (these guys were chunky and "big boned"; fat means fat not phat here) and IMO this IS the human beat box.

However let's not widen the rift with Fat Boy & Biz Markie fans. Yes, its that serious. Real talk: Biz Markie and the Fat  Boys  were beasts  and human beat boxing is the truth; even after twenty five plus years!!!

If you need a translation for these paragraphs, ask a teenager or a  twenty or thirty y/o who listens to rap music and hip hop, try google, or pay for a legal consultation with me:)

I don't think my blog readers are ready for this one but here it is, the Human Beat Box:  

http://www.youtube.com/watch?v=jJewbFZHI34.

I used to write in short stories and poems in high school (twenty one years ago) and blogging over the years has retriggered this interest. Now if only I could write blog posts which start as words and become poetry to the eyes/ears of a serious listener like Wu Tang Forever did for serious hip hop fans.  http://en.wikipedia.org/wiki/Wu-Tang_Forever. I love hip hop (if you haven't guessed) and this is one of my favorite CDs, disk 1 and disk 2.

I am content writing blog posts for educational and informational purposes to assist nurses with navigating the law and legal issues in nursing. Please keep this in mind before you assume a post on Nusing Law & Order refers to you and your case. LaTonia

This is it! RN and APRN License Renewal with the Ohio Nursing Board is coming soon....

My hands are itching. There is an old saying that if your hands itch its because you have money "coming your way soon."

Maybe I need to use more lotion but I think its because this is a license renewal year for RNs licensed by the Ohio Nursing Board. Requests for legal consultations are "off the hook" and "off the chain" in RN and APRN renewal years with the Ohio Nursing Board.

I am also having more consultations with respect to the Kentucky Nursing Board renewal application (annual) and the mandatory reporting of criminal convictions to the Kentucky Nursing Board. The Indiana Nursing Board is also kicking up dust, sand, and rocks with its renewal application questions, especially the one which asks "have you ever been terminated, discharged, or demoted in a nursing position?" Really!

I can tell you what I know and it ain't much.

1. The license renewal applications for the State Nursing Boards are changing and becoming more specific in reference to criminal convictions. Yes, I am sure the Ohio renewal app. will still have the moral turpitude language which includes everything, your socks, and the kitchen sink but there is a trend now towards specific and direct questions related to the disposition of criminal cases.

2. There are alot of nurses who are not (for whatever reason) truthfully responding to renewal applications and this is a problem. Big problem. It may catch up with you. Maybe you should speak with a license defense attorney to discuss the criminal case disposition and obtain a definitive response on whether or not "something" needs to be reported to the State Nursing Board.

3. Don't rely on the advice and counseling given to you by a criminal defense attorney UNLESS your criminal defense attorney is also a license defense attorney. Your criminal defense attorney may know his way around the courthouse but unless your criminal defense attorney practices before the State Nursing Board and is familiar with nursing law and practice (Nursing Law & Order, baby), your criminal defense attorney CANNOT and SHOULD NOT advise you on how the disposition of the criminal case will impact your nursing license(s), employment, career, and educational goals. Yes, damn it, I said it again this year.

Consult with a nurse license defense attorney if you are charged or indicted in the criminal court system for ANYTHING except a traffic ticket like speeding. Yes, pumpkin, this includes DUIs/OVIs/DWIs. Don't wait until your crim case is resolved before you start thinking about your license and your career.

4. Last but certainly not least, multi-state licensure. I am going to talk more about this in future blog posts because I was presented with a case, a very complex case, which touched on licensure issues before the Ohio, Kentucky, and Indiana State Nursing Board. I quoted a high fee because the case was complex. But actually complex is starting to become the new norm in license defense cases.

If you are licensed in multiple states and you have licensure issues try to obtain an attorney licensed in one or more of those states. Don't have three different lawyers (if you can prevent it) representing you before Ohio, Kentucky, and Indiana State Nursing Boards. It just doesn't make sense. Do your research, take your time, and find an attorney with the license and qualifications needed for your license defense case.

4. Endorsement Applications for Licensure in a State. If you have to make affirmative responses on your application for licensure by endorsement, talk to a license defense attorney before you submit your application to get an idea of what to expect. Don't go into the process with a towel over your head and then become upset when you run into a wall.

First Post for 2011 is for Union Nurses: The Union isn't focused on a pending or forthcoming State Nursing Board Complaint

This year is off to bang already. I had several consults over the weekend.

If you are a nurse and you are represented a union in the workplace pursuant to a collective bargaining agreement, remember the union is focused on the workplace and labor issue, not a State Nursing Board complaint filed in response to the workplace issue.

You may need to consult with an attorney who practices nursing law for objective advice and counseling and determine your options from a licensure and workplace perspective.

I am not saying (please don't email me with any BS) that nursing unions don't represent its membership well (actually that's being said in other places on the internet). Nursing unions are focused on the collective bargaining agreement and consulting with an attorney who practices nursing law can give you a "totality of the circumstances" view of the incident that your union rep, union president or labor relations specialist and attorney for the union doesn't see because its not their role, job, or duty to "see" it.

The advice given to you by the union makes sense maybe from an labor or workplace perspective but does it make sense and is it your best option from a licensure perspective as well?

Its not uncommon to have a grievance filed by a nursing union in response to an alleged violation of the CBA with an incident involving Nurse A and a State Nursing Board Complaint filed against the Nurse A by the hospital, SNF, HHA, etc. r/t to the issue being grieved.

You may think, FU LaTonia, that's what I pay union due for and I am not consulting with or paying for an independent lawyer. It still won't hurt to have your situation reviewed by an objective party while and when the issues and incident are "hot." Just my two cents.