http://fox8.com/2016/08/01/local-governments-dealing-with-concerns-over-ohios-soon-to-be-legal-medical-marijuana/
http://www.cleveland.com/open/index.ssf/2016/06/ohio_medical_marijuana_law_all.html
What are your thoughts about medical marijuana?
http://fox8.com/2016/08/01/local-governments-dealing-with-concerns-over-ohios-soon-to-be-legal-medical-marijuana/
http://www.cleveland.com/open/index.ssf/2016/06/ohio_medical_marijuana_law_all.html
What are your thoughts about medical marijuana?
Posted at 07:37 PM in Chemical Dependency & Impairment | Permalink | Comments (0)
I apologize but I need to "mess up the rotation." This is line is from Friday, the cult classic movie with Chris Tucker and Ice Cube. Puff, Puff, Give is the rotation with respect to smoking marijuana in a two or more person set-up. . http://www.imdb.com/character/ch0011184/quotes. I love the movie Friday!
I am attending a webinar in August sponsored by the Ohio State Bar Association titled "Is the Grass Really Greener? Workplace Implications of Medical Marijuana."
https://www.ohiobar.org/NewsAndPublications/News/OSBANews/Pages/5-things-employers-should-know-about-Ohios-medical-marijuana-law.aspx
I do not smoke marijuana and even if it legal in Ohio for WHATEVER purpose and to use by WHATEVER route (eating, inhaling, injecting, etc.) I will not use marijuana. I already have enough problems and weed will not be one of my issues. We all struggle with something and if you deny having a vice, whether it is sex, drugs, alcohol, gambling, gaming, social media, electronic devices, food/gluttony, gossip, exercise/fitness, work/career, etc., you are not being honest with yourself.
The Tabletalk magazine for August 2016 focuses on Addiction from a Christian and Calvinistic theology perspective. http://www.ligonier.org/tabletalk/. This is an excellent read.
If you are a licensed healthcare professional and you smoke weed, please stop the rotation. All it takes is a random UDS or a pre-employment UDS..... Ask yourself why you are smoking weed, self-medicating, and get to the root of the issue with self-reflection, professional counseling, and medical treatment if needed. You know what you do and if you need help, please get help before it becomes a workplace, license, and legal matter. It is so much more easier to deal with these issues proactively before the stuff hits the fan.
Also medical marijuana laws or casual use marijuana laws cannot provide a safe harbor for licensed nurses. You cannot come to work impaired or intoxicated from any substance/drug/medication, legal or illegal and provide safe nursing care to patients. It is a violation of professional standards of practice and your State Practice Act/Regulations.
Marijuana use/abuse is the real deal now and a positive UDS for marijuana is investigated by State Nursing Boards. Why? It is a violation of your State Nursing Practice Act to test positive for an illegal drug. If you test positive for an illicit drug, an employer or prospective employer may report to the State Nursing Board. I am interviewing for home health RN positions in Cincinnati, Ohio and I will also have to submit to a UDS soon. I do not use illicit drugs and I take vitamins and OTC medication.
I practice law in Ohio, Kentucky, and Indiana. If we get weed laws in Ohio, Kentucky, or Indiana, I am going to further limit my law practice to representing nurses in weed cases. Weed, not Space, I postulate without any evidence, will be the Final Frontier. https://www.youtube.com/watch?v=S6R3MiAv9ac. Can I specialize in weed law? Maybe the Ohio State Bar Association, Kentucky Bar Association, or Indiana State Bar Association will develop an attorney specialization for weed law.
Here is general advice to all nurses in any state if you are licensed nurse, do not drink alcohol, smoke crack, inject heroin, snort cocaine, puff, puff, pass marijuana or ingest any illicit or even prescribed medication which alters your mental, physical, or cognitive capacities before reporting to work or at work. Yes, you have to be careful taking any prescription medication before you report to work or while you are at work as a licensed nurse. Why? Are you safe to practice? You should not be at work if you are hung over, high, under the influence, groggy, dazed, dizzy, in a mental fog from meds, etc.
Of course, there is a difference between being an allegation of reporting to work impaired/intoxicated as nurse and "just" having a substance present in your system. But let me ask you, do you really want to spend the time, money, emotional energy and mental exertion/frustration to deal with the license, workplace, and career implications of sorting between the two in a given situation? Can you say legal headache?
Also you should see the New Star Trek movie, Start Trek Beyond. It was awesome! https://en.wikipedia.org/wiki/Star_Trek_Beyond.
Posted at 10:59 AM in Chemical Dependency & Impairment, Legal Headaches, Legal Regulation, Managing Risk | Permalink | Comments (0)
If Addiction is a Disease, Why don't We Treat It Like One?
It was a dark and stormy Friday night. I was driving to meet with the family of a young man who is in the midst of a very active addiction to prescription pain medication. I met his sister-in-law earlier in the week when I spoke at the school of nursing she's attending. She had the courage to approach me after the presentation and ask for help for her sister and brother-in-law.
As I was pulling into the place where we had chosen to meet, I thought, why should it take courage to ask for assistance when someone has a chronic, progressive, fatal disease? More specifically, why should it take courage to ask for help with THIS disease? It doesn't take courage to ask for help with diabetes, high blood pressure or asthma. Why does it take courage to just ask for help for addiction?
The answer? Stigma.
Stigma:
Synonyms
1. blot, blemish, tarnish.
Related Words
brand, mark, stain
Pretty good descriptions of how we (meaning society in general, and as a profession specifically) treat those unlucky enough to have the wrong genetic makeup and exposed to the right triggers (stress, poor coping skills, and exposure to the right substance or substances).
Science continues to discover the cause of many (if not most) disease states is a combination of genetics and environmental triggers. Lifestyle choices are definitely included as environmental triggers.
Cancer can be linked to many lifestyle choices, including smoking, drinking alcohol, exposure to ultraviolet radiation (like sunbathing...whether it's actually the sun or one of those goofy “tanning beds”), certain diets, and career choices (shipbuilders, pipefitters, insulation installers, tile workers, and more http://www.lawyershop.com/practice-areas/asbestos-mesothelioma/lung-cancer/high-risk-jobs), etc.
Cardiovascular disorders have been related to lifestyle choices as well. Diet (high saturated fats, high sodium, etc.), activity (couch potatoes, video game wizards, internet surfers), careers (“High-flying career women with stressful jobs face a higher risk of heart disease, warn researchers.” http://www.dailymail.co.uk/health/article-1273305/Stressful-jobs-giving-women-heart-disease.html), along with genetics increases the risk of hypertension, heart attacks, and stroke.
Type II diabetes risk is increased by genetics, diet (high fat/high carb), lack of physical activity, high alcohol intake, obesity, and other lifestyle choices (http://www.emedicinehealth.com/diabetes/page2_em.htm#Diabetes%20Causes).
So if “choices” are an integral part of other chronic, progressive, fatal diseases, why don't we rag on diabetics, cancer patients, and those who have heart attacks and strokes? Because we believe these are all legitimate (or “real”) diseases, while we believe addiction is a lack of will power or a lack of “moral fiber” (the capacity to do what is right, no matter what the circumstance. http://www.urbandictionary.com/define.php?term=moral%20fiber). (If addiction is a disease, why do many colleges place “Addiction Studies” in the Criminal Justice Department?)
Because of the stigma associated with the DISEASE of addiction, several things occur:
* People won’t seek treatment;
* Many health care professionals refuse treat addicts;
* Colleagues ignore the “problem” as long as possible (allowing the disease to progress and increase the risk of harm to patients); and
* Insurance companies won't pay for services, or severely limit payment.
I cringe when I recall some of the things I said to people when I was an ER nurse. “If you loved your family, you'd stop doing this!” Gee. If addiction is a chronic disease that alters the brain and makes it impossible to “stop doing this”, telling the person to stop is pretty stupid, don't you think? “What do you mean your blood sugar is 300!? If you loved your family you'd stop letting your blood sugar get that high!”....”But doctor, I watch my diet, exercise, and take my insulin. I need help!”... “You obviously don't really WANT your blood sugar to go down! You worthless piece of $#%&!! Get out of my ER!”
So why don't we believe addiction is a disease? Based on my experience as an ER nurse and nurse anesthetist, our educational programs don't educate us about the DISEASE. What they do educate us about is the side effects of the disease...cirrhosis, gastritis, renal disease, infections, etc.).
Research has provided us with the SCIENCE associated with the disease of addiction. It tells us why addiction is a disease. It let's us know the target organ (the limbic brain), how that organ is affected, the signs and symptoms of those changes in the brain (obsession on obtaining the drug, uncontrolled use of the drug(s), and caving for the drug when the addict can't get their drug(s)), how to intervene, how to treat the person, and how to help them maintain remission (called “recovery”).
Unfortunately, if we as health care professionals don't understand the science we continue to base our “treatment” on what I call “the 3 Ms of Addiction” - Myth, Misbelief, and Misinformation.
If you're a nurse struggling with addiction, or know a colleague who might be, and you aren't sure what to do, contact me at [email protected] or 513-833-4584.
There is hope. There is help.
Jack Stem
www.peeradvocacyforimpairednurses.com
Posted at 06:30 AM in Chemical Dependency & Impairment | Permalink | Comments (0) | TrackBack (0)
This is a guest post by Jack Stem.
My name is Jack, and I'm a recovering addict who is grateful to be clean and serene today.
20 years ago, when I began my journey in an attempt to be “normal” again, I wouldn't have been able to say those words out loud, let alone write them down and then publish them on one of the most read nursing law blogs available. As a health care professional, I believed that my training would keep me safe. Guess what...that's one of the biggest myths associated with this disease (and yes, it IS a disease).
I was an emergency room nurse and then went on to become a Certified Registered Nurse Anesthetist (CRNA). I had found my dream job. I was good at what I did. Every day was a new challenge that would test my skills and knowledge. Shoot, there were times when I thought to myself, this all has to be a dream come true. Beautiful wife, wonderful, healthy daughters, a great job, nice home. My colleagues respected my abilities and I had one of the highest request rates of anyone in the department. That all changed in 1990.
I had spondylolisthesis and dealt with chronic back pain since my late teens. Nothing I couldn't handle with a day off and a couple of doses of percocet. In 1990, my pain flared up and I did my usual prescription and a little time off. This time was different. This time the pain didn't improve. In fact, it became worse.
Our case load was high and I couldn't take any more time off. If I did they would have to close one of the OR's. Being the good, co-dependent nurse, I sucked it up and returned to work. When I'd get home, I would lie on the floor with an ice pack and take my percocet. One pill became 2, then 3, then 4. After several prescriptions my doctor wouldn't write anymore (“Jack, your pain can't possibly be as bad as you say.” Thanks doc!)
When I couldn't get any of the residents to write me a prescription, my addicted brain (yeah, there's no doubt in my mind my disease had developed by then) said, “Jack, you are squirting perfectly acceptable fentanyl down the drain everyday. How dumb is that? Take the waste home and get a good night sleep!”
So that's what I did. Well, once the beast is released, the speed at which the disease progresses is determined by the potency of your “drug of choice”. I always find that phrase to be ironic. As an addict in active disease, THERE IS NO CHOICE!
I almost ended up dead...twice. The first time was because I didn't want to be alive. I didn't want to hurt and embarrass my family (which is exactly what would happen if I was ever found out). I had prepared a mixture of drugs that would have killed me and 5 other people. Fortunately, I never was able to put that plan into motion. Someone walked into the locker room before I could complete the deed. It gave me plenty of time to reconsider what I was about to do. I had 2 daughters who loved me. My wife and other family members did too. So I changed my mind (thank GOD!)
A couple of days later I had a semi-emergent spinal fusion (foot drop and numbness that wouldn't go away). I was off work for almost 5 months. When I returned to work, I wasn't prepared for what happened. When I opened the first vial of fentanyl for my first case, I broke out in a total body sweat, my hands and legs began to shake, and I thought I was going to puke! I had just experienced my first “trigger”. Since the brain of an addict is transformed as a result of their genetics (yes...addiction is a genetically based disease) and the chronic misuse of large quantities of mood altering chemicals, repeating some of the actions associated with “using” can trigger huge activity in the limbic areas of the brain. This activates a craving (the uncontrollable desire to obtain and use your drog of choice). I didn't return to use that day. But when I did later in the week, I accidentally overdosed. Fortunately, my then 4 year old daughter forgot her swim suit for lessons and had to return to pick it up. She came into the bedroom where daddy was taking a nap to give me a kiss. She told my wife, “Daddy is a funny color.”
The next thing I know I'm in the back of an ambulance heading to the ER. That's when I finally admitted I was addicted to opioids and entered treatment. I struggled for quite awhile before I finally was able to get clean and remain clean. My addiction cost me almost everything...my career, my marriage, my home, and almost my life.
Today, I am able to say I have 16 years and ten days clean. I'm a peer advisor for Ohio's CRNAs. I consult with LaTonia to assist her clients dealing with substance abuse and chemical dependence. I provide educational presentations to schools of nurse anesthesia and nursing programs to fill the huge gap that all nursing schools, medical schools and other health care programs leave out...education about the disease of addiction. I'm grateful to those recovering individuals who have helped me achieve and remain clean. I'm grateful to LaTonia for having the foresight to allow me to use my experience, strength, and hope as well as my anesthesia and nursing background to assist my colleagues in achieving recovery and return to the practice of nursing. I'm grateful to be able to help one person at a time realize that they aren't stupid, evil, people.
The person unlucky enough to develop the disease of addiction isn't a bad person trying to become good. They have a chronic, progressive potentially fatal disease affecting the brain, and they want to become well. Sadly, our profession rarely helps their colleagues when they suspect someone may be struggling with substance abuse or addiction. No, too many nurses ignore their colleague until they can no longer ignore them anymore, or until they find them dead in the locker room or call room. I'm doing my best to change things.
Look for more posts in the future. Until then, keep taking it one day at a time!
Look for some of my posts on AllNurses.com in the “Nurses in Recovery” section.
Jack Stem
Peer Advocacy for Impaired Nurses, LLC
www.peeradvocacyforimpairednurses.com
513-833-4584
Posted at 11:37 AM in Chemical Dependency & Impairment, Nurse to Nurse | Permalink | Comments (0) | TrackBack (0)
Thanks, Jack "The Smack" Stem at http://www.peeradvocacyforimpairednurses.com/why.html for emailing this to me yesterday.
Everything that has a beginning has an end, Neo. http://www.youtube.com/watch?v=orXDu3Stb-c
The Ohio Medical Board issued a resolution regarding prescription drug abuse last week.
See http://www.med.ohio.gov/pdf/PrescriptionDrug%20Abuse.pdf.
See also http://www.zanesvilletimesrecorder.com/article/20110311/NEWS01/103110309/DeWine-Ohio-medical-board-must-fight-prescription-drug-abuse-harder for an idea of what's coming for licensed healthcare professionals with prescriptive authority like MDs and APRNs.
Why is this important for nurses?
* Nurses who are prescribed controlled substances by their physicians or APRNs and practice nursing. Its a balancing act yet I don't think there is an appreciation of the risks and liabilities for nurses who take "prescribed" controlled substances and then report to work or who take meds while at work; and
* APRNs in private practice or who work for/with docs in private practice and have prescriptive authority. The State Medical Boards and State Nursing Boards go hard in these cases and unfortunately the majority of docs and nurses will represent themselves with the "I didn't do anything wrong" defense.
More about the "I didn't do anything wrong defense" and how it applies to me this week.
Guess what? I saw this coming two years ago and put together a webinar sponsored by the Center for American Nurses titled:
A Balancing Act in the Workplace, Managing the Risks When a Nurse Takes Prescribed Medication
This is one of my fav. Center webinars and I provide this CD to clients.
See http://www.can.affiniscape.com/storelistitem.cfm?itemnumber=13
What are you saying LaTonia? Just give it to me straight without the legal mumbo jumbo.
If you are a nurse (RN, LPN, and APRN) and you are prescribed controlled substances for chronic pain, a nurses back, etc.; is this affecting your nursing practice? What are the risks and potential liabilities for you and your nursing practice? Remember you are your own risk manager on Nursing Law & Order; this isn't Nursing Law & Disorder, not yet anyway.http://advocatefornurses.typepad.com/my2cents/2011/03/the-plan-do-you-need-assistance-with-revising-reviewing-or-developing-the-plan-we-can-help.html
If you are APRN with prescriptive authority, what does this mean for your nursing practice? How can you develop strategies to protect your nursing practice and your nursing license with the "heat" being placed on prescriptive drug abuse? http://advocatefornurses.typepad.com/my2cents/2011/03/the-plan-do-you-need-assistance-with-revising-reviewing-or-developing-the-plan-we-can-help.html
Allegations involving the inappropriate prescribing of controlled substances are complex because multiple state, federal, and/or national agencies or groups are involved on various levels. The implications for MDs and APRNs who prescribe and for LPNs, RNs, and APRNS who use controlled substances and practice are really starting to take shape in the last 3 years. Get ahead of this issue if this applies to you and your nursing practice, its risk management, baby!
This isn't an issue where you want to be caught with your pants down with the pics on FB and the video U-Tube. Be proactive and manage the risk and if you need assistance managing the risks, seek assistance. This is just how licensed healthcare professionals should roll!
Are you weaving a web so thick that not even Charlotte could manage to migrate it? http://en.wikipedia.org/wiki/Charlotte's_Web.
I am writing an e-book, the New Charlotte's Web: Deceit, Deception, and Dishonesty, Drugs/Alcohol, and Nursing's Social Policy Statement.
Deceit, Deception, and Dishonesty is part of addiction and use. I get it.
Drug and Alcohol Use, Abuse, Dependency, and Impairment is no doubt an issue in nursing. I get it.
There are alot of nurses who are abusing prescription medication but think its "okay" because I have script. There is a thin line between using prescription medication as prescribed vs. using prescription medication prior to and while at work vs. impairment regardless of whether you are working 4, 8, 12, or 16 hour shift.
However, there are competing forces with drug and alcohol use, abuse, dependency, and impairment in nursing. Yes, there is a recognition that this is disease on one end of the spectrum and on the other end of the spectrum is the public and the State Nursing Board and Law Enforcement.
Guess what's in the middle? IMO, its Personal and Professional Responsibility & Accountability.
http://www.nursingcenter.com/Library/JournalArticle.asp?Article_ID=492769
http://ajcc.aacnjournals.org/content/19/3/296.full.pdf+html
http://onlinelibrary.wiley.com/doi/10.1111/j.1365-2648.2006.03684.x/full
http://faculty.ksu.edu.sa/hisham/Documents/Medical%20Education/English/Nursing%20Education/90.pdf
How does this apply in the workplace? Examples.
So you know what this means? Yes, Alcohol & Drug Use, Abuse, Dependency, and Impairment are medical issues but as a state licensed nurse, you are personally and professionally accountable and responsible for your actions and inactions in accordance with American Nurses Association professional standards of practice and your State Nurse Practice Act and Board of Nursing Regulations.
So guess what? You are a nurse and you are diverting drugs; you have a medical condition but you are accountable. You are nurse and you are showing up to work drunk; you have a medical condition but you are accountable.
You cannot be a state licensed nurse and NOT be accountable and responsible for your actions or inactions or conduct. This isn't Burger King and you can't have it your way. It works this way for most licensed professionals especially in healthcare, which is HIGHLY regulated.
The accountability and responsibility piece and the foundations for the legal, professional, and self-regulation of nursing practice is lost. This is what frustrates me is this connection is lost somewhere in the transition from nursing student to professional nurse to professional nurse and expert clinician.
Nursing schools are the new puppy and pill mills, teaching to pass the NCLEX and producing graduates who don't understand the role of personal and professional accountability and responsibility in nursing practice and the importance of legal, professional, and self-regulation of nursing practice. (Oh, snap, I guess I won't be invited to present on nursing law and rules for nursing faculty. Tear.)
This isn't picked up in the workplace of course and most nurses don't belong to a nursing professional or specialty nursing associations. So in my opinion the majority of us are showing up to work and just practicing until something happens and we are doing this without a plan for our nursing practice and without a healthy appreciation & understanding of JUST how important the legal, professional, and self-regulation of nursing practice is to our nursing practice and "the plan."
Sections of the Nursing's Social Policy Statement: The Essence of the Profession (2010) will be required reading for ALL of my law office clients going forward. http://www.nursesbooks.org/Main-Menu/Foundation/Nursings-Social-Policy-Statement.aspx.
If you are a law office client, take a guess what you will receive on your birthday, my birthday or around the holidays this year!!!
What's your point, LaTonia? Weave it, baby, Weave it! You can weave a web and weave it as thick, as sticky, as murky, and for as long as you can. Regardless of whether you weaved the web because of a medical condition, mental condition, etc. the "why" is a mitigating factor: you are responsible and accountable due to the professional regulation, legal regulation, and self-regulation of nursing practice.
Posted at 10:23 AM in Chemical Dependency & Impairment, Legal Headaches, Legal Regulation, Professional Regulation, Self Regulation | Permalink | Comments (0) | TrackBack (0)
Nurses if you have been charged or convicted of a DUI, OVI, or DWI and you have to renew your Ohio RN license, Indiana RN license, and/or Kentucky nursing license (RN or LPN) this year, consult with an attorney.
Schedule an appt. with a nurse license defense attorney to discuss your situation before you self-report to the Ohio, Kentucky, and/or Indiana State Nursing Boards. This isn't legal advice because you didn't pay me to say this its just plain common sense.
Why would you self-report "anything" to the State Nursing Board without speaking with a nurse license defense attorney? Okay, I know I am biased but really? Would you walk into a police station and "confess" and admit to committing a crime verbally and in writing? Probably not, so why do nurses self-report to the State Nursing Board when anyone and everyone including but not limited to Direct TV Service Technician to their friends tells them its the right thing to do. Its the good thing to do.
WTH, does that mean anyway? Save right vs. wrong for the 8 hour graduate level symposium on Ethics and Morality and Nursing's Social Policy Statement. Save good vs. evil for Sundays and you are welcome to join me at 8am service at a Baptist church.
You are not Luke Skywalker (actually Luke is here with me. My dog's name is Luke Skywalker and he uses the force on mommy) and the State Nursing Board or Alternative to Discipline Program in Ohio, ISNAP, or KARE does not represent the Dark Side of the Force. Let's turn it down a notch and focus on the issues.
1. You are a licensed nurse.
2. You were charged and/or convicted of a DUI, OVI, or DWI.
3. You may have been charged with other crimes along with the DUI, OVI, or DWI.
4. You are practicing as a nurse.
5. You are receiving more "helpful" advice from family, friends, foes, and strangers than a politician caught in a whorehouse.
Speak with a nurse license defense attorney about your situation. There are license defense attorneys in every state, see www.taana.org.
Don't fire off the 25 page handwritten letter to the Board (that you don't keep a copy of for your records) disclosing everything you have done right vs. wrong and good vs. evil since the 6th grade.
You need advice and counseling and maybe representation. This is the role of a state licensed attorney just like its the role of state licensed nurse to provide nursing care. Don't bootleg it!
I offer 40 minute legal consultations for nurses with licensure renewal issues. You can pay for and schedule the legal consultation online. This is for nurses licensed in Ohio, Kentucky and Indiana. I am licensed to practice law in these states only.
Also, a nurse emailed me this weekend and inquired whether I could obtain a license in State C and represent the nurse. The State Nursing Board applications for licensure pale in comparison to the Attorney Licensing Applications and the Character & Fitness Interviews. The Bar Applications make you cry like you are running a 10 mile marathon in a size 5 pump and you wear a size 10, in gym shoes. Yes, we have to interview!!!!
I have NO plans to sit for another bar examination or regurgitate every speeding ticket since age 16, discuss my credit report and score and why I was late 30 days late paying my Spiegel's charge 20 years ago (I loved Spiegels), and disclose every civil, criminal, administrative matter, case, issue, or thought or anything remotely legal (this includes purchasing a hotdog at the food stand next to the court house) and not to mention mental health issues on a State Bar Application for Licensure as an Attorney.
When I say NO plans, I mean never ever neverland Peter Pan. Three Bar Exams, Three Bar Apps, Three Bar Charter & Fitness interviews, and Three times passing the Bar on the first try. I am stopping while I am ahead.
I am sure you have heard of Death by Meeting? Okay, I am writing an e-book titled DEATH by Evaluation and self-reporting is Chapter 1.
Why? Hell just from my posts on this blog, I am sure the Bar Examiners if I wanted to apply for a law license in another state would want a psychiatric evaluation (forensic nonetheless) and maybe a fitness for duty (I am sure my employer would not object:) not to mention maybe a chemical dependency evaluation because of my references to Long Island Iced Tea, Moscato, Bartles & James wine coolers (traditional, berry, or strawberry), Miller Lite and Miller Genuine Draft vs. Bud Light vs. Keystone Light (hint: only if your money "ain't" right this week) and my fav, Martini & Ross Asti Spumante over the years. Also I have lost 35 pounds since November 2010 so they may want a medical evaluation or a return-to-work evaluation (before I can step foot in my home office or my traditional office) as well. After speaking with one or more of my clients, they may also want a behavioral examination.
Okay, I am just kidding here but you get my point about self-reporting without obtaining objective advice and counseling, right?
Oh, snap, the link for the License Renewal Application consultations:
http://www.bookfresh.com/profile/157503739
The cost of a 45 minute legal consultation (conference call) for 2011 nursing license renewals in Ohio, Kentucky, or Indiana is $225.00.
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.
Posted at 06:18 AM in Chemical Dependency & Impairment, Nursing Board Complaints, Nursing Law & Order | Permalink | Comments (0) | TrackBack (0)
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.
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?
Posted at 09:46 AM in Chemical Dependency & Impairment, Legal Headaches, Nurse to Nurse | Permalink | Comments (0) | TrackBack (0)
Okay, from the top, once more....
If you are addicted to prescription medication and/or illegal substances then you need help. Help is such a broad term. What kind of help do you need? I am not a counselor or therapist and this ain't legal stuff but
Door #1. You need treatment to save your life and get you started on the road to sobriety and recovery;
Door #2. You need counseling to help you figure out how and why;
Door #3. You need legal advice and counseling (and maybe representation) if you are a licensed nurse. Period. No conditions such as if, but or maybe. You need legal advice. To obtain legal advice usually means you need to hire a lawyer. No conditions such as if, but or maybe.
Now how you proceed after you are intervened upon by:
a. friends;
b. friends and/or family;
c. your nursing sup. and HR;
d. your unit manager and HR;
e. your nursing sup., DON, and administrator,
f. your nursing manager and an investigator from the Board of Nursing; and/or
g. your manager, an investigator from the Board, and a detective from the county drug diversion task force
is totally your choice.
Do you proceed with Door # 1, then Door # 2 and then Door #3, Door #2 and then Door #1 and maybe Door #3, Door #1 and then taking a wait and see approach with Door #3 and only do #2 if your significant other threatens you with divorce, Door #1 and Door #2 together, etc.
I can tell you this. Friends, family, and others (this includes the "medical" folks involved with you who give you "legal" advice) mean the best and I don't think anyone intentionally steers you towards Door #4 while meaning to steer you towards Door #1 and/or Door #2 but trying to tell you what will happen behind Door #3 (but trying to save you the cost of retaining a lawyer) but it happens.
Now you are probably asking LaTonia wt* is behind Door #4? I don't know wt* is behind Door #4 but that's what you will find out and when you find out what's behind Door #4 let me know:) I watched several vampire movies last week and I am scared to open Door #4.
Chemical dependency counselors are not lawyers and lawyers are not CD counselors. I have a typed sign on our one of our back doors which says I am counselor of law not a mental health counselor or therapist. The sign also politely asks you to keep your problems to yourself. (but that's another post. Remind me to tell you about my mother and her handwritten notes).
If you want medical treatment to fight your addiction, seek treatment.
If you want counseling and therapy, seek it.
If you want legitimate advice and counseling on your legal options when you have an addiction, seek out a nurse license defense attorney in your state. Really, you are treatment in Arizona and your Arizona based CD counselor is telling you what's going to happen in the short and long-term with your state nursing licenses in Ohio, Kentucky, Indiana, Florida, Michigan, and New York? Really. You can get better advice by allowing a toddler to pick the proposed answers (given to you by the "medical" person and written on sheets of paper) out of a hat.
Also I am going to tell you what I want for Christmas this year.
Dear Santa:
My Christmas wish this year is as follows: I really wish licensed healthcare professionals who medically treat nurses (who are BTW licensed healthcare professionals also) would function within their job description provided to them by their employer and stick to the "medical" and not try to do the "legal." Santa, please grant me my wish because I have been "good" this year in a general and broad sense of the word like for example "help."
Seriously. There isn't a horn book, cliff notes or a book titled "License Defense for Nurses with Substance Abuse & Use Disorders in all 50 States for Dummies" when a nurse has a substance use and abuse disorder and there are licensing, employment, career, regulatory, educational, return to work, tort, and/or criminal issues. No sir re Bobbie Jr.
If you are a nurse and you are depending upon your CD counselor, therapists, and others involved in your treatment and recovery to provide you with counsel and advice regarding licensure, legal, and regulatory issues, slap yourself in face and wake up now because "Hey Dorothy, you are no longer in Kansas anymore."
http://www.amazon.com/Hey-Dorothy-Youre-Kansas-Anymore/dp/1589392388.
Posted at 07:27 AM in Chemical Dependency & Impairment, Legal Headaches, Managing Risk , Nurse to Nurse, Nursing Board Complaints, Nursing Law & Order | Permalink | Comments (0) | TrackBack (0)
I don't want to be confrontational but okay here it goes, again. http://advocatefornurses.typepad.com/my2cents/2009/06/bootleg-attorneys-chemical-dependency-counselors-therapists-and-evaluators-giving-legal-advice.html
I don't pretend to have the education, credentials, or skills to provide mental health or substance abuse counseling to nurses so why is it that I am finding that more and more mental health therapists and substance abuse counselors want to give legal advice to nurses involved in a State Nursing Board complaint, investigation, and hearing.
Please stay in your role and stick to what you were trained to do. Your focus is TREATMENT.
Something you see as "simply" a "self-report to your State Nursing Board and appling to the State's Alternative to Discipline Program" is usually much more complex especially if there is criminal or if the nurse is licensed in more than one state.
If you didn't know it then I will tell you: you are not a license defense attorney so stop trying to be one and operate within your job description. Does the position description of a mental health therapist or substance abuse counselor with Progam X or Program Y include providing legal advice and counseling to nurses? I don't think so, pumpkin.
Your recommendation to self-report and apply to the State Nursing Board alternative to discipline program for chemical dependency is "legal advice." Don't stop now. Can you then counsel and advise the nurse on the pros and cons and short-term and long-term legal implications of this decision?
I know you are really only trying to help but if you really want to help suggest to the nurse that she/he really needs to consult with or retain an attorney to navigate the maze of licensure, career, criminal, educational, credentialing/privileging, regulatory, and employment issues involving substance use and abuse disorders or dual diagnosis.
I also love it when someone prefaces the advice with "I am not a lawyer and this ain't legal advice but this is what Nurse A, Nurse C, Nurse D, and Nurse E our program did...."
I will tell you what my buddy Jack Stem told me his role as an OSANA peer advisor is: to save the life of a CRNA struggling with addiction, not to save a career or license. This was debated and discussed at a AANA meeting this year and it was stated of the role of a State Peer Advisor is to save the life of a CRNA struggling with addiction.
Let me add, its the role of a license defense attorney to address the career and licensure issues, NOT a chemical dependency counselor or a mental health therapist. If you really want to help the nurses in your program suggest that they contact a license defense attorney and stop enabling them by giving bootleg and bootstrapped legal advice.
Posted at 11:05 AM in Chemical Dependency & Impairment, Legal Headaches, Managing Risk , Nurse to Nurse, Nursing Board Complaints, Nursing Law & Order | Permalink | Comments (0) | TrackBack (0)
If you have been treated for a substance use disorder and/or have a mental health diagnosis AND you plan to return to nursing practice, you need a lawyer.
Even if you are in a State Alternative to Discipline program for Chemical Dependency you will have questions, issues, and concerns over your YEARS of monitoring. Your monitoring agent is not your counselor, therapist, or your attorney; your montoring agent is your monitoring agent.
I am seeing a number of nurses who are representing themselves before the State Nursing Board in substance use disorder cases and these nurses are "taking a beat down" over the years and years of the process and procedure involved with these cases.
What's a beat down? See http://www.urbandictionary.com/define.php?term=beat%20down. Take a look at No. 3.
Now don't get me wrong. I am not saying the Board is physically or mentally beating up nurses but what I am saying is the process involved with substance use disorder and co-occurring mental health issues along with the licensure, employment, regulatory, and/or criminal pieces along with the medical and financial burdens in conjunction with the stress to your personal relationships and professional career can beat you up.
This is a benefit of having an attorney work with you throughout this process which takes years. Your license defense lawyer helps you anticipate, plan, or avoid the jabs, the punches, slaps, and the wild windmill swings. I watched Rocky last night. http://en.wikipedia.org/wiki/Rocky. My husband had elective surgery on Monday. He is on bed rest and we watch movies all evening.
I tell you the music from Rocky makes you feel as if you can do anything. Rocky, Rocky, Rocky.... http://www.youtube.com/watch?v=DhlPAj38rHc.
I think I will listen to the music from Rocky before my next evidentiary hearing:)
You may have completed a 28 day program but please believe your dealings with the State Nursing Board and/or a State Nursing Board Alternative Program will not resolve in 28 days, 28 weeks, or even 28 months.
Seriously think about researching law firms and hiring an attorney to assist you with the process. Interview one or more attorney to find the right attorney for you and your case.
You are not 2Pac so why proclaim its "me against the World" with your State Nursing Board monitoring, probation, and/or discipline when you have a co-occurring disorder?
http://en.wikipedia.org/wiki/Me_Against_the_World . Hire a lawyer.
Posted at 10:34 AM in Chemical Dependency & Impairment, Managing Risk , Nursing Board Complaints | Permalink | Comments (0) | TrackBack (0)
The Law Office of LaTonia Denise Wright, LLC is pleased to present a series of webinars September-December 2010 focusing on substance use, abuse, and recovery in nursing.
Join us for this webinar presented by Jack Stem with Peer Advocacy for Impaired Nurses. See http://www.peeradvocacyforimpairednurses.com/.
The moderator for the webinar is LaTonia Denise Wright, RN, BSN, JD.
The cost of the 60 minute webinar is $20.00.
For additional information and to pay online see http://nursing-jurisprudence.com/substanceusewebinars.html.
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Posted at 05:46 AM in Chemical Dependency & Impairment, Nursing Workplace | Permalink | Comments (0) | TrackBack (0)
The Law Office of LaTonia Denise Wright, LLC is pleased to present a series of webinars September-December 2010 focusing on substance use, abuse, and recovery in nursing.
Join us for this webinar presented by Jack Stem with Peer Advocacy for Impaired Nurses. See http://www.peeradvocacyforimpairednurses.com/.
The moderator for the webinar is LaTonia Denise Wright, RN, BSN, JD.
The cost of the 60 minute webinar is $20.00.
For additional information and to pay online see http://nursing-jurisprudence.com/substanceusewebinars.html.
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Posted at 05:42 AM in Chemical Dependency & Impairment | Permalink | Comments (0) | TrackBack (0)
The Law Office of LaTonia Denise Wright, LLC is pleased to present a series of webinars September-December 2010 focusing on substance use, abuse, and recovery in nursing.
Join us for this webinar presented by Jack Stem with Peer Advocacy for Impaired Nurses. See http://www.peeradvocacyforimpairednurses.com/.
The moderator for the webinar is LaTonia Denise Wright, RN, BSN, JD.
The cost of the 60 minute webinar is $20.00.
For additional information and to pay online see http://nursing-jurisprudence.com/substanceusewebinars.html.
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Posted at 05:39 AM in Chemical Dependency & Impairment, Nurse to Nurse | Permalink | Comments (0) | TrackBack (0)
The Law Office of LaTonia Denise Wright, LLC is pleased to present a series of webinars September-December 2010 focusing on substance use, abuse, and recovery in nursing.
Join us for this webinar presented by Jack Stem with Peer Advocacy for Impaired Nurses. See http://www.peeradvocacyforimpairednurses.com/.
The moderator for the webinar is LaTonia Denise Wright, RN, BSN, JD.
The cost of the 60 minute webinar is $20.00.
For additional information and to pay online see http://nursing-jurisprudence.com/substanceusewebinars.html.
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Posted at 05:35 AM in Chemical Dependency & Impairment, Managing Risk , Nurse to Nurse, Nursing Law & Order | Permalink | Comments (0) | TrackBack (0)
The Law Office of LaTonia Denise Wright, LLC is pleased to present a series of webinars September-December 2010 focusing on substance use, abuse, and recovery in nursing.
Join us for this webinar presented by Jack Stem with Peer Advocacy for Impaired Nurses. See http://www.peeradvocacyforimpairednurses.com/.
The moderator for the webinar is LaTonia Denise Wright, RN, BSN, JD.
The cost of the 60 minute webinar is $20.00.
For additional information and to pay online see http://nursing-jurisprudence.com/substanceusewebinars.html. If you need assistance with registering and/or paying for the webinar, please contact my legal assistant Michelle directly at 513-328-8217.
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Posted at 07:24 AM in Chemical Dependency & Impairment, Managing Risk , Nurse to Nurse | Permalink | Comments (0) | TrackBack (0)
The Law Office of LaTonia Denise Wright, LLC is pleased to present a series of webinars September-December 2010 focusing on substance use, abuse, and recovery in nursing.
Join us for this webinar presented by Jack Stem with Peer Advocacy for Impaired Nurses. See http://www.peeradvocacyforimpairednurses.com/.
I am moderating the webinars. The cost of the 60 minute webinar is $20.00.
For additional information and to pay online see http://nursing-jurisprudence.com/substanceusewebinars.html.
The 3 M's of Addiction: Myth, Misbelief, and Misinformation | ||||||||||||||||||||||||||||
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Posted at 07:14 AM in Chemical Dependency & Impairment, Nurse to Nurse | Permalink | Comments (0) | TrackBack (0)
The Law Office of LaTonia Denise Wright, LLC is pleased to present a series of webinars September-December 2010 focusing on substance use, abuse, and recovery in nursing.
Join us for this webinar presented by Jack Stem with Peer Advocacy for Impaired Nurses. See http://www.peeradvocacyforimpairednurses.com/.
The moderator for the webinar is LaTonia Denise Wright, RN, BSN, JD.
The cost of the 60 minute webinar is $20.00.
For additional information and to pay online see http://nursing-jurisprudence.com/substanceusewebinars.html.
The Most Important Question about Addiction...Is it REALLY a Disease? | |
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Posted at 03:49 PM in Chemical Dependency & Impairment, Nurse to Nurse | Permalink | Comments (0) | TrackBack (0)
This conference in Columbus, Ohio I am attending is excellent. I have attended several sessions about Subutex and Suboxone, developing treatment plans, co-occurring substance use and mental disorders, chronic pain management, women, sex, and reocovery, and opoid trends, problems, and treatment approaches.
Of course, all of this information is applicable to my law practice defending nurses before the Boards of Nursing and counseling/advising nurses.
What has been your experience with Suboxone?
Posted at 10:31 AM in Chemical Dependency & Impairment, Managing Risk , Nurse to Nurse | Permalink | Comments (1) | TrackBack (0)
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