A Substance Abuse Counselor wrote a nurse was in "very very big trouble" for drug theft. Okay, how do you distinguish very very big trouble from very big trouble from "just plain trouble" in drug diversion. Maybe its Just Plain Trouble like Just Plain Brenda on The Closer. That's Deputy Brenda Lee Johnson. My nephews do the very very very's at ages 6-10.
Its is based on the whether or not is a Felony 1st, 2nd, 3rd, 4th, or 5th degree in O-HI-O or the number of charges in the indictment?
Another counselor writes a nurse felt legal counsel was "necessary" so nurse hired lawyer and then did T, U, V, W, X, Y, and Z. Oh and also AA, BB, and CC.
How is what the nurse decided to do at the advice and counsel of his/her attorney relevant enough to the substance use and abuse treatment that it needs to be mentioned in records that would be provided to the State Nursing Board?
Did you ever think that the information a client conveyed to you as a result of the attorney-client relationship may be something that doesn't need to be shared in treatment records? Why not keep a professional journal with notes that are not appropriate for the treatment records but you want to write somewhere so you don't forget? You fickle frack maybe you need to review your position description that hasn't changed in 8 years, your employee handbook that changes qid, and your facility policies and procedures and guidelines which are located in the basement of "our old building."
I get this crap all the time by those licensed by the State Board of All Things to All People and who want to dive into providing legal advice and counseling to a nurse who is dealing with substance use/abuse, mental health, or interpersonal issues and have a past, present, or future State Nursing Board complaint in the oven.
You don't have enough to do with addressing all aspects of the medical treatment plan that you need to also provide bootleg legal advice. Is this a professional boundaries issue as well where you are over-involved with this nurse client?
A. Why are you giving legal advice and counseling to someone at one of the their most vunerable times?;
B. Why are you telling nurses they "don't need a lawyer and this is what happens with nurses in our Program." Please go and take a nap.
Are you kidding me? And when you as "counselor" receive a complaint against your license from your Board, you are dialing for an attorney like you are ordering pizza from an office phone and contacting your insurance company related to your license defense protection benefit on your cell phone while trying to email or IM your spouse.
Its good enough for you but not your nurse clients, right?
C. Stick to what you know. I am not writing treatment plans in my law practice for nurses so why the hell are you providing legal advice and counseling to nurses in-patient, IOP, aftercare, or during stage of treatment and counseling?
D. If you don't know your scope of practice and what you can and cannot do, review your State Practice Act and Board regs. Is there any mention of providing legal advice and counseling to clients? Attorneys have a monopoly on the provision of legal services, pumpkin in the US. This may change in the future but not really (I don't want to sound to smug because sh#t happens).
You want your State Board licensees to be able to give legal advice and counseling along with substance abuse advice and counseling and then serve fries with that vanilla shake while wearing skinny jeans and a tank top? Try it.
You would think Coach was giving away free leather briefcases to the first 15,000 card carrying lawyers at the courthouse and statehouse in CMH there would be so many attorneys prepping for mortal combat related to another Board wanting to provide legal services. This would be our rallying cry and an accurate depiction of our "street fighting" skills:
http://www.youtube.com/watch?v=UMf40daefsI
Stay within your scope and your role and keep a summary of the 3 bullet points comprising the entirety of your job description for easy access and reference by you throughout the day as needed.
Your board= therapy, treatment, and recovery.
Lawyers= legal advice (very broad), legal counseling and represention on all things licensure, criminal, employment, etc. when a nurse presents for treatment, counseling, and therapy.
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