Nursing Law & Order

A Nursing License, a Cold Pepsi, and a Funky Fresh DUI: Peaks and Valleys

Today is NYE and around this time of year, I receive an increase in DUI calls where nurses have been charged with a DUI, OVI, or DWI and question how it will impact their nursing license as a far as renewal, initial licensure, voluntary self-report to the State Nursing Board, or a mandatory report to the State Nursing Board. 

Getting a DUI isn't the end of the world (or is it?) but after the court fees, assessments, appearances, fines, and three to five day treatment programs you are really going to ask yourself how did this happen. This doesn't even include the licensure issues triggered by a DUI for license RNs, LPNs, and APRNs. 

If you are going to drink and drink hard in 2013, drink and stay still. Get a ride home, get wasted at home and fall asleep, or have a designated person to drive everyone with a BAL of .08 home safely. Call someone to pick you up or catch a cab if your designated driver has started drinking.

I like to dance and you get the right music playing and I will dance for hours. I attended the Macy's Jazz Festival in July and I danced so hard on Friday and Saturday night, on Sunday I wrapped both of my feet (if you dance hard you know what this means), stayed in bed on a heating pad,  and watched Law and Order SVU and the Walking Dead all day. In additional to dancing hard in hot, humid Cincinnati style 95 degree heat wave at the riverfront stadium, I had too much to drink on both days (Margaritas) and it showed on Sunday but I did not drive; it was a no brainer not to drive. My hair held up very well however as I am wearing my hair natural in a two strand twist and my natural hair laughs at the heat, humidity, and cold.

Also if you are subject to random drug tests with your State Nursing Board, guess what? You are more frequently tested around the holidays and this includes NYE. Don't risk a positive UDS; it just ain't worth it anymore as it may extend your probation and monitoring, you may have your license suspended as chances are it won't be your first positive, etc. 

Are you a licensed nurse and dealing with a DUI now? You better have a criminal lawyer as that is a no brainer and you certainly need to retain or consult with a nurse license defense attorney to determine how your conviction will impact your license. I know you have a Motion to Suppress Hearing next week and the case may be dismissed......Pay the fee and consult with a nurse license defense attorney in your State or retain a nurse license defense attorney. 

Last year I had a 70s and 80s costume party on NYE and we had a ball and yes, I danced; not hard but I danced. You do know the difference between dancing and dancing hard don't you?

This year , I am attending a NYE service at my church and bringing the New Year praying and praising the Lord Jesus Christ at my Baptist church which is going to be very festive and celebratory. I have an ice cold Pepsi waiting for me to drink. It doesn't get much better than a nursing license and a cold Pepsi!  

What are you doing for NYE this year? Whatever your plans, be safe and use common sense. If you do something you are not supposed to do and it may affect your license, you always can call me if you are licensed in Ohio, Kentucky, and Indiana:) 

Do You Think I Need An Attorney to Represent Me before the Board of Nursing?

If you have to ask me do you need an attorney then 9 times out of 10 you need a lawyer. 

I can tell you I don't represent myself in anything because I am my own worst enemy and I know it because I have a tendency to rationalize my own behavior, minimize my wrong doing, inappropriateness, or failure to do something, and think it is all going to be okay if I just tell my story. Also I can be a drama queen with respect to my own personal affairs at times. Does this sound familiar? 

I have a nursing license and three law licenses, if I get a speeding ticket, I call my lawyer and let him worry about it; that's his job. I worked hard to obtain my licenses and have been blessed in Christ to have a busy law practice doing what I love. Now why would I want to take on the risk of advising myself in a legal proceeding when I can have the benefit of independent and objective legal counsel. I want to hear what he has to say about my legal matter not what I have to say about my own legal matter. Legal fees are a business expense and an expense that all licensed healthcare professionals especially nurses need to consider. 

Yes, it cost money to retain an attorney and yes you can represent yourself before the State Nursing and counsel and advise yourself by doing your own research, relying on the statements of family, friends, and colleagues about what should happen and what is fair in your situation, and trolling the nursing chatroom and forums for information about legal issues in nursing and then applying this to your own case and situation. 

Spend the money and hire a lawyer to represent, counsel, and advise you. If you can spend a few thousand on Christmas gifts, a vacation, downpayment on a luxury vehicle, loaning family money, or living beyond your means to keep up with the Joneses, why can't you spend a few thousand dollars on legal representation, counseling, and advising with respect to your nursing license which directly impacts your employability in nursing? If you don't have a nursing license, you can't work as a nurse. I really scratch my head when I see APRNs represent themselves before the State Nursing Board. 

In a perfect world, nurses wouldn't need to retain lawyers and we all would have a perfect nursing practice and work in perfect nursing environments. We also would all hold hands and sing....

This isn't a perfect world. There are legal risks, potential liabilities, and action against the license behind almost every door in healthcare in addition to Vampires and Lycans. You counsel and advise yourself at your own peril and I see it everyday especially when nurses appear at hearings without counsel or just sign a Consent Agreement, Agreed Order, or Offer of Settlement with the State Nursing Board without understanding the implications for his/her nursing practice. 

I am not saying you have to retain me but retain an attorney in your state of licensure who practices before the State Nursing Board frequently and move forward. Retain an attorney with experience before your State Nursing Board and then work with your attorney for the best outcome possible and probable in your case. Yes, it cost money to retain an attorney but it may be the best $2,222.22 to $7,777.77 you have spent. Yes, you can afford it; LPNs, RN, and APRNs earn decent salaries and hourly wages; it is just a matter of do you want to pay the costs associated with legal services for defending your license?