Nursing Law & Order

APRNs and the Pill Mill Bill Spill in the Commonwealth of Kentucky:House Bill 1 was effective July 20, 2012

See the attached. Download KBNPillMillBillSpill

I would encourage APRNs in Kentucky to submit written comments to Nathan Goldman, Acting Executive Director and General Counsel for the Kentucky Nursing Board. Comments are accepted until October 1, 2012.

So what do you think? Do you think the Pill Mill Bill Spill Legislation is necessary or is it overkill?

 

Workplace Incident to State Nursing Board Complaint to Career Standstill to Professional Suicide and No Lawyer

The headline above is a worst case scenario but it is a growing reality for a number of nurses who represent, counsel, and advise themselves in legal matters involving their license. I cannot tell you how important it is for nurses, whether you are a LPN, RN, or APRN to seek advise and counseling from a private nursing law attorney when a patient care or other significant issues arises in the nursing workplace. No one, whether it is your nurse manager, nurse supervisor, union rep, risk manager, etc. is going to say to you "You need to consult with your own attorney about this situation." I haven't heard it in my 11 years of solo practice in nurse license defense. Not once. Most of the time, a nurse contacts a nurse license defense attorney or nursing law attorney ONLY AFTER the defecation hits the ventilation: the complaint is filed with the State Nursing Board, your union rep tells you "you may need to resign instead of being fired", your employer terminates you and says "we are required to report this to the State Nursing Board", you receive a letter of Complaint from the State Nursing Board, you are told you are being named as a defendant in a nursing malpractice case, you are contacted by local law enforcement about the "incident three weeks ago", etc.

I often hear nurses say "I didn't know there were nursing practice attorneys or nursing law attorneys that help nurses." Yes, there are nursing practice attorneys and nursing law attorneys whose primary role is to assist nurses and/or other licensed healthcare professionals. See www.taana.org.

It is not the role of your nursing manager, nursing supervisor, nursing union representative, risk manager, or anyone else to counsel and advise you objectively about the seriousness of an incident from a licensure, career, employment, or credentialing perspective. This is the role of a private attorney who has experience in nurse license defense, nursing law, and professional nursing practice matters. And guess what? You can't find an attorney with this type of expertise and experience in the yellow pages usually.

Yes, you can call the attorney who handled your divorce, you call the attorney who has helped your extended family in a number of cases, you can put on a blind fold and open the yellow pages and pick an attorney and call for a "free consultation" about your specific issues which is usually a combination of nursing law, professional nursing practice, employment law, labor law, credentialing, criminal law, nursing negligence, etc. Guess what? That attorney will not PROBABLY NOT give you the answer you need because the attorney does not have experience in the area.

Also I am pleasantly surprised yet again by the number of attorneys who represent nurses before the State Nursing Board just to take a case and make a few bucks and who know little or nothing about what it takes to adequately and effectively defend a nurse before the Board and counsel and advise the nurse on attending matters. Is a nurse a nurse a nurse? Of course not. Therefore an attorney is not an attorney is not an attorney. Why do you want an attorney who practices primarily wills and trust representing you before the State Nursing Board? Is it better to have any attorney (regardless of whether or not the attorney has ever practiced before the Board or has experience advising nurses) as opposed to an attorney who can competently handle your case and assist you?

It is your case, your license, and your livelihood and this is a question you as the nurse should answer and consider when retaining counsel. I only practice in the areas of nurse license defense, nursing practice, and nursing law; no wills, no personal injury, no workers comp, etc. You don't have to retain me in Ohio, Kentucky or Indiana; just retain an attorney who can effectively represent you and who has experience representing nurses. Nurses as licensed healthcare professionals have different legal needs than your average consumer and this is significant in the context of representation. These cases are time intensive and you don't want an attorney to take your case and not work it like it should be worked.

What am I saying? I don't say much on the blog these days because my law practice is keeping me busy but I am getting fired up again because I am seeing where nurses are being TOO TRUSTING and not looking after and protecting THEIR LICENSE, CAREER, CREDENTIALS, and hard earned EDUCATION.

Sorry to say this but I am a nurse first also. Nurses are fungible; just look at how nursing employers terminated and discipline nurses: at the drop of a hat. A healthcare organization will fire a nurse with 25 years of experience and loyalty to the organization just as fast as it will terminate a new employee. If you pass gas (and you are not a CRNA :) on a patient care unit, you will be terminated and reported to the State Nursing Board because it "looks better" from a liability, public relations, and accreditation perspective.

But guess what, more facilities are throwing nurse supervisors, nurse managers, and nurse executives to the wolves and under the bus also. This does make me feel better and it shouldn't please you either because it typifies the harsh reality & environment of nursing practice now. More nurse managers and nurse executives are being terminated and I am receiving more and more of these calls and these nurse managers and nurse executives are also being reported to the State Nursing Board.

What am I saying?

1. You know your practice area, don't you? If something happens and its triggers an investigation in the workplace and you are involved, get your own attorney involved to review the situation with you and give you OBJECTIVE legal advice and counseling. You need to have your own Nursing Practice and Nursing Law counsel you can consult with about situations which happen in the workplace. If you are a nurse supervisor, nurse manager, and nurse executive, are you aware of your exposure?

2. Stop listening to the advice and counseling of everyone and their momma about the seriousness of an incident. It is human nature to underestimate the seriousness of an incident to a friend, colleague, or relative because you don't want the worry the person and you want the best for the person.

If I call one of my grandmother's right now and say "mom, I slapped someone and I may be charged criminally", the response will be "it is going to be okay. You are a good person. Who did you slap?  and "I know you type a lot, did you hurt your hand when you slapped this person?"

This may help me feel better emotionally but it certainly doesn't help me deal with the criminal, licensure, legal, and career implications of pimp slapping someone.

By the way, my little sister's 1 y/o son, open hand slapped me so hard (yes, he pimp slapped me) he knocked my glasses off. My sister says he picked this up this behavior in daycare and/or watching cartoons. Really? This was last month and I still smile about it daily. Thank you Baby Chris for putting a smile on Auntie's face whenever I think of you!!!

3. Nurses don't have the income and prestige of dentists or physicians but nurses certainly have similiar liability just a different context. http://www.nso.com/. Take a look at the report, Understanding Nurse Liability from 2006-2010 from Nursing Service Organization.

The public is more aware than ever that you can be sued and you can be reported to a licensing board. Nurses are not self-employed like most dentists and physicians and therefore USUALLY do not have a personal and private attorney for practice, workplace, and career issues. This should not prevent you from consulting with an attorney even if it is one a time basis.

Most nurse attorneys or license defense attorneys may offer a legal consultation. Pay the money and consult with an attorney. It is only your License, Livelihood, and Career on the line. I receive at least 10-35 calls or emails a month from nurses who need legal services but do not want to pay for a legal consultation or legal services. Attorneys like nurses don't work from free (this one doesn't anyway) and it is worth the money to consult with an attorney for a few hundred dollars rather than gamble with your career, isn't it?

I never represent myself. Why would I because I am biased and I would see the facts as I want to see the facts. This is human nature and this is why now more than ever it is important for nurses, a front-line providers who work as at-will employed nurses or who are part of bargaining unit, to consult with a private nursing law or nursing practice attorney about situations in the workplace. Gone are the days when you could say a hospital, nursing home, or healthcare organizations acted in the best interest of its employees; an organization asks what is in the best interest of the organization, right? It is the role of YOUR ATTORNEY to ask what is in the best interest of YOU, as a licensed nurse.

4. If you can, try to negotiate an individual employment contract with a healthcare organization which afford you the same rights physicians have in the medical staff bylaws. Individuals employment contracts hold power for nurses; it is not at-will employment or even collective bargaining. The future of nursing should be Nursing Staff Bylaws and Individual Employment Contracts for All Nurses.

Yes, I said it and I stand by it. I am on the front lines of representation because my clients are front line and bedside providers. The future of nursing lies in securing power and negotiating a seat at the table in healthcare and in the nursing workplace; this power can be obtained in Nursing Staff Bylaws and Individual Employment Contracts not Collective Bargaining Agreements and certainly not At-Will Employment, which is for the birds. This is my opinion and you should have your own opinion. You can email me until the cows come home baby and I will not change my opinion which has been solidified from years of nurse license defense practice and actual nursing practice in a variety of healthcare settings. I seriously doubt I will see cows in my backyard at my home or my office; maybe deer at my home but certainly not cows. Also I don't eat meat, but I may start again, if I see a cow in my backyard.

 

Similiarities between Criminal Defense and Nurse License Defense: Doing Time & the Expecations of Representation

I am on a staycation for the next two and half weeks. My first stayaction but certainly not my last. I am taking new cases and scheduling legal consultations and using the "staycation" to work up my cases. I am also taking time off for one week in July and one week in August. I am actually planning to take a one week staycation every month going forward for the remainder of the legal career so that I can make sure I am taking care of myself in addition to my clients, etc. I am also rearranging my work schedule and my life in the process. More on this later.  

I want to introduce you to my personal assistant Maya. Maya works as my personal assistant Monday-Friday 10am to 2pm. I am training Maya to essentially function as my legal assistant and paralegal and to assist me with my cases, marketing, and other law office projects. Maya works with me from my home office and she also works from my traditional office as well. Maya's direct dial and Skype is 513-258-2876.

Why a personal assistant? I do not have a traditional law firm and therefore my attempts to hire someone trained as a legal assistant or paralegal failed miserably because most could not wrap their minds around the setup of my law firm because their background was traditional law firms: punch a time clock, receptionist, paralegal, secretaries, stacks and stacks of paper files, and everyone on one floor in the same building. This is why I hired a personal assistant and I plan to train her to my practice.

Also I want to introduce you to Tina, my Intake Specialist and Scheduler. Tina manages my calendar and schedules all of my appts. Tina's lives in central Indiana and works for my law firm virtually. Tina works Monday-Friday 9am to 4pm . Tina's direct dial and Skype is (765) 588-4304.

I am attending a webinar for criminal defense attorneys. I tell you there are more similiarities between criminal defense and licensure defense than differences.

How do you deal with a client with unrealistic expectations? This was the first question posed by the presenter. I deal with this issue every day, day in and day out. Expectations of the Representation.

The presenter also mentioned that the role of a criminal defense attorney usually boils down to persuading a client to take a miserable sentence vs. a horrible sentence. Wow!!!! Although action against the license isn't a "loss of liberty" or even remotely similiar to jail time or doing time in a state or federal prison, the reality is "action against the license" whether a public reprimand, probation, suspension, non-permanent revocation, or permanent revocation is akin to a professional and career jail sentence in a sense.

Ohio Medical Board's Resolution Regarding Prescription Drug Abuse: And So It Begins!

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!

 

 

 

Alcohol Use vs. Alcohol Abuse vs. Alcohol Dependency: State Nursing Board Renewals and DUI, OVI, or DWI. DEATH by Evaluation!

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.

 

Say it fast before it changes: 100% of my cases involve nursing students, NCLEX applicants, LPNs, RN, and APRNs: Its all about nursing (today) at the Law Office of LaTonia Denise Wright, LLC

Nurses if you are charged with a misdemeanor (unless simple traffic and that doesn't include a DUI, baby!) or a felony hire a criminal defense attorney.

You are also a licensed healthcare professional. Therefore despite what your criminal defense attorney tells you or recommends (unless your criminal defense attorney also has extensive experience representing nurses before your State Nursing Board) you need to obtain a curbside consultation (thank you to Edie Brous for coining this term at the TAANA pre-conference last week) from a nurse license defense attorney. TAANA really needs to reach out to the criminal defense bar on this issue.

Oh and I don't mean a license defense attorney who represents other healthcare professionals and maybe just a nurse or two here and there over the last 20 years. You want to consult with a nurse license defense attorney who practices extensively before your State Nursing Board.

How will you know the level of your attorney's experience? Review their qualifcations, CV, website and then ask questions.

I cannot state the importance of speaking with a license defense attorney when you are charged initially with a crime. I have seen so many cases where nurses are told by their criminal defense attorney that "the criminal case doesn't involve a nursing practice issue", "you didn't kill a patient", or "the conviction is totally unrelated to your practice of nursing."

I have also seen cases in this economy where attorneys who don't normally take these types of cases actually take a case before the State Nursing Board because they need the money or normal practice areas are drying up. If you have litigated civil and criminal cases as a criminal defense attorney, you know that you can handle a little "piddly" complaint with a State Nursing Board, right? Hell its only adminstrative law.

If I had $49.95 for each time this pops up, I would have an outdoor shower and 4-5 person outdoor sauna with a small patio with white columns and roofing to match our front porch off our garage. Hint, Hint. This is our spring project for 2011.

The nurses rely on this advice to their detriment in the licensure matter with the State Nursing Board. Licensure cases are becoming more complex and discipline against a license has short-term and long-term implications. The criminal case IMO is the priority of course (you can go to jail, directly to jail, not pass go, and no collect your $200.00, i.e. the loss of liberty) however your nursing licensure (your golden ticket to fame, fortune, and being fabulous) is huddling close to the right of the criminal case and your current and future employment and career is on the left of the criminal case.

You are licensed nurse and your nursing license is important to you. Are you the job? I hate to admit it but I am and this rings true for most nurses. I heard this "I am the job" on Law & Order SVU. Make sure you are giving your nursing license the attention it deserves when sorting out a criminal case.  

Your criminal defense attorney can work his/her magic on the criminal case as that's their specialty. However in most cases, criminal defense attorney are criminal defense attorneys and your criminal defense attorney does not have the expertise, experience, and knowledge to successfully counsel and advise you on the licensure, employment, and career implications that a plea, convictions, pre-trial diversion, etc. will have on your nursing license. A nurse license defense has the Pixie dust you need to sprinkle on your license. (I watched Peter Pan on my I-Pad this morning).

You need a nurse license defense attorney not an attorney who practices before another licensing boards. Do your research, make the calls, and find someone to counsel and advise you when you have a pending criminal case. Your license depends on it and its just that serious, boo boo.  

For example, I recently referred one of my clients to several of my colleagues who regularly practice before the State Medical Board because my client is seeking licensure as a MT. Could I represent my client (who I have represented before the Nursing Board) before the  Medical Board and charge an addtional fee? Of course but I wanted my client to speak with and retain a medical license defense attorney who practices extensively before the State Medical Board. That's just not me.

LaTonia Denise Wright, RN, BSN, JD

Nurse License Defense Attorney 

My thing is nursing law and my passion is nursing. Don't tell anyone but did you know I blush when I read the Nurse Practice Act and I get a "coffee rush" sensation just from reviewing a complaint from the State Nursing Board? 

I just resolved cases before the Social Work Board, Drug & Alcohol certification board, and professional counselors board, so I am proud to state that 100% of my clients as of today (who knows I may get a call from a RT, PT, LISW, OT in the morning) are LPNs, RNs, APRNs, nursing students, and nursing school graduates.

Its all about nursing (today) at the Law Office of LaTonia Denise Wright, LLC:) 

My Criminal Defense Attorney contacted the State Nursing Board and was told........

If you are a nursing student or a LPN, RN, or APRN and you are charged with a misdemeanor (unless its strictly a traffic infraction. DUI/DWI/OVI ain't just a traffic infraction) or a felony, you probably have an attorney whether its a public defender or a criminal defense attorney you retained to represent you.

I know you probably don't want to spend anymore cash but you need to speak with a nurse license defense attorney also about your situation.

What is a license defense attorney? See Download Licensedefensebrochure

I have had multiple consults with nurses who were convicted of misdemeanor(s) or felony(ies) in the last 3 months who told me "my criminal defense attorney contacted the Board of Nursing attorney and was told" one of the following:

1. Nothing is going to happen with this;

2. The case will be reviewed at a later date;

3. It depends;

4. We may be in touch with the nurse.

The Board staff are not being evasive, IMO. Its not that cut/dry to provide a definitive answer on the spot without a complete picture of the facts, criminal case history, and records. Also its not the role of State Nursing Board staff to tell your criminal defense attorney what can, may, might, should, would, or could happen after you are convicted of a state or federal crime.

Then the nurse receives a Notice of Opportunity for a Hearing from the Ohio Nursing Board or receives a Notice of Complaint from the Kentucky Nursing Board or the Indiana Attorney General Office of behalf of the Indiana State Nursing Board.

This is why you need to speak with a license defense attorney who practices before the Board because a license defense attorney can tell you more precisely where this is going based on his/her experience and what your options are before you accept a plea or after you accept a plea in a criminal case. Criminal convictions, licensure, and employability are the second Bermuda Triangle in nursing IMHO right after the application of nursing law, ethics, and professional standards in the nursing workplace. Did you know I published an article on the same a few years ago? See http://www.ncbi.nlm.nih.gov/pubmed/18524302.

Healthcare licensing boards across the country are asking about criminal convictions on licensing renewal applications and may also require criminal convictions to be reported to the Board within 30, 60, or 90 days of a conviction.

If you want to know "what's up" with your license, then you need to speak with a nurse license defense attorney in your state or jurisdiction. See www.taana.org.

Criminal Defense Attorney, License Defense Attorney, and the State Nursing Board: Oh me, Oh my!

Thank you for wishing me a Happy 39th Birthday.

If you are charged with a felony or misdemeanor which will have license implications (this includes all felonies and most misdemeanors depending on the State Nursing Board), please listen to this:

Criminal Defense Attorneys

1.  You want an attorney who practices criminal defense primarily, not just a case or two here and there. You want an attorney whose law practice is primarily criminal defense.

2.  Research criminal defense attorneys in your area before you hire a lawyer.

3.  Have a list of questions to ask the attorney and bring a friend or family member with you to also ask questions when you meet with the lawyer.

4. Don't just retain a lawyer. Research the lawyer, his/her firm, and the lawyer's experience.

5. Ask the attorney bluntly do they have time for your case and what can they do for you? I like being asked this question and it doesn't offend me. You are the client and the attorney is seeking your business and you are paying for a service: ask questions about the representation.

I am seeing instances where nurses are hiring lawyers who just don't have time to work their case or their case is considered "small fries" when compared to other cases the attorney or law firm is handling.

6.  Has the criminal defense attorney represented nurses or other licensed healthcare professionals  in criminal matters? In what types of cases?

7. Talk to other nurses and your colleagues and ask for referrals.

8. Contact your State Nurses Association and ask for a referral.

9. Contact your State or local Bar Association for a referral.

10. See www.taana.org.

11. Speak with more than one attorney about your case to compare fees.

12. Most importantly you have to be comfortable with your lawyer. Keep looking until you find an attorney who you feel comfortable with handling your case.

13. Obtain a written fee agreement for you to review. Ask questions about the agreement.

14. How accessible is the lawyer? This is extremely important. Who will be your primary contact with the law firm? The lawyer, a paralegal, legal assistant, or a receptionist? Can you communicate with the lawyer by office and/or cell phone, fax, email, text, IM, mail, etc?

15. Clarify up front whether or not the criminal defense attorney will be involved with the State Nursing Board. Will you have a criminal defense attorney and a license defense attorney or you will have one attorney who handles the criminal and the licensure matter? IMO, I think nurses should have two different lawyers when a licensure case and criminal case presents.

16. Don't wait to hire a license defense attorney when you have a criminal matter pending, especially if you have been charged with a felony or felonies. Get a license defense attorney on board ASAP after you hire a criminal defense attorney.

Who should you hire first? Criminal defense or license defense. It depends on the way your case presents.

Please, please, please keep in mind that administrative law and nurse license defense is niche. Most lawyers don't have experience representing, counseling, and advising nurses and other healthcare professionals in professional practice and licensure matters. Actions in the criminal case can impact your nursing license and the ideal situation is the following:

A. Having a criminal defense attorney to represent you in the criminal case(s);

B. Having a license defense attorney to represent you before the State Nursing Board; and

C. Having your criminal defense attorney and license defense attorney speak as necessary about case strategies.

I was criminally charged with a Hit and Run! Will this impact my nursing license?

I am RN. I recently got into a car accident and drove away because 

I was afraid.. It was 4am. I did not get arrested but did get a 

citation for a Hit and Run. I was not cited for a DUI or DWI. I hit 

a car with 2 Undocumented Mexicans. Their car had no "papers" either. 

They got arrested. No injuries. I haven't gone to court yet but from 

what I have researched on the internet, it looks like I'll have to 

pay a fine. I think it'll be considered a misdemeanor?? Do I have to 

report this to my State Nursing Board? If so, will it affect my 

nursing liscence??? Please help!

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

I am not licensed to practice law in your State and therefore I 

cannot assist you. However I would seriously and 

strongly encourage you to do the following:

1. Internet research is cool to a certain point. The disconnect for most comes with applying the research to your situation and the practical applications of representing, counseling, and advising yourself in a criminal and a State Nursing Board matter;

2. Hire a criminal defense attorney ASAP to represent you in this case. You may be surprised to learn the facts you consider important are not really very important to your case from a legal perspective. This is why you need an attorney.

This is why you need a criminal defense lawyer ASAP;

3. Hire a nurse license defense attorney ASAP to counsel and advise you on the licensure implications of a hit and run conviction and to represent you before the State Nursing Board if necessary; and

4. Its going to cost cold hard cash to hire two defense lawyers so start thinking now about how you can raise the green from friends, family, savings, retirement, etc. 

Felony OVI (operating a vehicle under the influence of alcohol) and the Ohio Board of Nursing: The Real "Thang"

Don't believe the hype and what you hear on the online nursing boards, forums, and chatrooms. Multiple OVIs, DUIs, and/or DWIs can impact your nursing license. See Download DUIsmultipleandOhioNursingBoard

This nurse was convicted of OVI in Jan. 2004, July 2004, and June 2006 and therefore his/her subsequent conviction in Feb. 2010 was a fourth degree FELONY (3 prior convictions in 6 years. This is a new law in Ohio).

Did you know most states have laws where multiple DUIs convictions in a certain time period result in a felony conviction?

The Ohio Board of Nursing issued a Notice of Opportunity for a Hearing at the May 21, 2010 Board meeting against this nurse.

I am going to profile actual cases before the Ohio, Kentucky, and Indiana Nursing Board (redacting names and case information because its not necessary for this educational exercise) from time to time for my readers so you can see first hand how the State Nursing Boards review and adjudicate these cases.

What should you take from this case?

1. If you are charged with a DUI, OVI, or DWI, retain a criminal defense attorney and speak with a nurse license defense attorney.

2. If you have multiple DUIs, OVIs, or DWIs in the past and you are charged with another DUI, OVI, or DWI, retain a criminal defense attorney and retain a nurse license defense ASAP, like yesterday.

3. Criminal matters turn to licensure matters turn to employment matters for nurses. Hire an experienced nurse license defense attorney to assist you going forward. There is only so much "information" you can obtain online on blogs, websites, chatrooms, boards, and forums and this is NO SUBSTITUTE for the real "thang", i.e. retaining your own nurse license defense attorney to represent, counsel, and advise you before the State Nursing Board.

I pled to a misdemeanor, so don't felony me!

I think this is a line in a West Coast rap song. I will have my legal assistant try to find the name of song or maybe I can write the lyrics.

The summer is coming and that means license renewal time. I am smiling from ear to ear writing this post because RN and LPN license renewal makes me want to dance. I can do the money dance from June 1st to October 31, 2010 because its nursing license renewal time in Ohio, Kentucky, and Indiana. I am also receiving more inquiries from other licensed healthcare professionals related to license renewals: RTs, PTs, OTs, etc.

If you have to self-report a criminal conviction or another Board action on your LPN license renewal application, you need to speak with an Ohio license defense attorney before you submit your application. This does not mean you are REQUIRED to retain an attorney but you should speak with someone about your issues because it ain't all smooth sailing when you disclose criminal convictions to the Ohio Nursing Board.

RNs and LPNs in Kentucky are renewing this year also and have to disclose criminal convictions and other issues to the Kentucky Board of Nursing.

In Indiana, its LPN renewal this year I believe. I am sure someone will correct me if this is incorrect.  

Don't want to speak with an attorney or don't want to retain an attorney? I am not offended and I certainly understand but do your research. Review the Board's website, read the Board newsletter, and get an idea of what to expect going forward when you self-disclose information on your nursing license renewal application.

And don't even think about falsifying your renewal application. That's when things really get ugly and I am receiving more phone calls and inquiries from nurses and NCLEX-Applicants who have failed to disclose and report information on the initial applications for licensure and/or the license renewal applications.

In some states, this is grounds for revocation of your nursing license.

Think and then think again before you intentionally or negligently fail to disclose information on your State Board of Nursing applications. When I receive calls or emails or faxes in these types of cases, I scramble to find my calculator to compute my fee. No, just kidding:)

I have 3 Felonies from 21 years ago and I want to be a RN

I am a  looking into being a RN and  I have had 3 felonies. The felonies are 21 yrs old  and I have not had  any trouble since. Should I try to apply for nursing school? I am 46 and the crimes were when I was 20.

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This is a comment I received over the weekend on this blog. I don't know what state you live in or where you plan to practice but I would suggest (this is just information, not legal stuff or legal advice)  the following:

1. Spend a few hundred dollars for an appt. either by phone or in-person with a nurse license defense attorney and RN-JD to further discuss your situation.

2. You want to discuss your entry into nursing school, your suitability for initial licensure as a RN, and your employability with an attorney who knows about nursing.

3. DO NOT rely on what others tell you and what you see online. You need to speak with a nursing law attorney and have the attorney review your criminal convictions, details of your probation, and discuss the specifics of your case with you.

4. There is NO point in going to nursing school if its questionable whether you will obtain a license and/or if healthcare employers won't hire you because of your criminal convictions. What's the use of having a nursing license if you can't find employment? What's the use of going to nursing school, spending several bands (a band is a thousand dollars) on books, supplies, and notebooks, and racking up student loan debt if your chances of obtaining licensure in a particular state (where you live or plan to live) are slim to none?

There used to be a time when counselors in prisons, social workers, guidance counselors, drug and alcohol therapists, probation and parole officers, and others encouraged individuals with criminal convictions to attending nursing school. Why? 2 years of education (Associate degree or diploma) and you have entry into an occupation/profession with excellent employment prospects, good pay, and flexible hours.

This may have been a nice gesture 15-25 years ago and a good opportunity but times have changed.

State Nursing Boards and healthcare employers review criminal convictions differently depending on your state or jurisdiction. If you are willing to assume these risks without speaking with an attorney (which is what the majority of nursing students and NCLEX-Applicants do by the way) then apply for nursing school and move forward. However I would suggest you gather your court documents and schedule an appt. with an attorney before your invest the time, money, and energy into applying to nursing school.

Felony Convictions and Nursing: Talk with Someone Before You Dive into a Concrete Swimming Pool with No Water

I am having more in-person, telephone, and email consultations with individuals considering nursing school and who have a felony conviction(s) or misdemeanor convictions. I am also having more consults with nursing students about criminal convictions, licensure, and employment.

I applaud those who are asking the tough questions upfront instead of forging ahead "willy nilly" and then finding out that there are issues with licensure and employability. In some states, there may be issues with clinical sites depending on the conviction(s).

Okay, so here is the skinny:

1. If you have a felony conviction even if its not an automatic bar for licensure with a State Nursing Board, talk to a nurse license defense attorney. I am seeing nurses with so many restrictions on a license because of a felony convictions that finding employment, which is already limited because of the conviction, is like Mission Impossible.

2. Even if you are granted a nursing license, ask yourself what are your employment options.

Nursing is not for everyone and sometimes just sometimes you may need an objective and neutral person to tell you this. I am seeing folks who have spent tens of thousands of dollars on a nursing degree but then hit a wall with licensure and employment. The nursing degree is worth less than a bubble gum wrapper.

If you decide you really want to be a nurse in spite of and despite all obstacles related to felony and/or misdemeanor convictions, then do your thing but at least make sure you are making an informed decision.

3. There are other opportunities in healthcare where you can work and provide hands on care and it doesn't have to be nursing. There are lots of other licensed healthcare professionals and unlicensed healthcare professionals. Do your research before you commit to nursing in spite of and despite all the obstacles you face.

There are more and more proprietary and for-profit nursing schools appearing across the country to ease the "nursing shortage." I have heard (from nurses who teach in these programs) that some of these proprietary schools take any student as long as you can pay the tuition and fees which are of course expensive.

Actually I guess I should thank some of the schools because I am receiving more calls from new graduates and nurses with 0-2 years experience who are being reported to the State Nursing Board for a variety of complaints and alot of these are graduates of the proprietary programs.

Thank you proprietary nursing schools for the business! You are the best!

Okay again what is the skinny? If you want to be a nurse bad enough you can find a nursing school to accept you somewhere. But again think about clinicals, licensure, and employment post graduation if you have a felony and/or misdemeanor convictions. If you are willing to take your chances then dive in just please please please check and make sure there is a little water in pool and don't take this type of leap on faith, hope, or empty promises.

Nursing Student Charged with a DUI: Clinicals, Licensure, and Employability

Here is part of an edited email I received from a nursing student.

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I am a nursing student at a 4 year university in State A.  While visiting my family in State B, I made the worst decision in my life and was arrested on DUI charges this month. Because of my current student status I am very scared that I will be kicked out of school and will not be able to get a nursing license. I have a yearly clinical clearance upcoming.

1. Do you know if I will be able to pass this with a DUI charge?

I also have a scholarship from a local hospital with the expectation that I will work for them for 2 years starting immediately after getting my license. There are nurses from the hospital who are on staff as lecturers at my nursing school. So I am assuming the hospital will find out soon.

2. Can the nurses who are staff at the hospital and guest lecturers or adjuncts disclose this to the Hospital?

I graduate in late 2010 and I expect to NCLEX in early 2011.

3. Do I have any chance of staying in school and NCLEXing?

This is my first time getting arrested, I have no criminal history. I have a bachelor's degree and am now getting a second degree. I have never had a problem with alcohol in the past, the people I have told about my situation are shocked. I am willing to do anything to prove that this is a one time horrible error in my behavior and judgment. It took me a long time to realize that nursing was the right path for me.

5. Can you give me any advice on what I can expect to happen to my nursing education and job?

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I referred the nursing student to a nurse license defense attorney in his/her state/jurisdiction for assistance because I am not licensed to practice law in State A or State B. These are excellent questions and you need a specific response about your options.

If you are a nursing student and you are in a similiar situation, speak with an attorney NOW. Its better to know what lies ahead than to have an alligator, crocodile, and a snapping turtle bite you on the a*! simultaneously at the finish line.

Ohio Nurse who stole MSO4 from a Hospital eligible for Treatment in Lieu of Conviction

See State v. Knepper, 184 Ohio App.3d 416, 2009-Ohio-5159 at http://www.supremecourt.ohio.gov/rod/docs/pdf/9/2009/2009-ohio-5159.pdf

You can also download here. Download 2009-ohio-5159

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Addiction is disease and nurses who are indicted or using drugs in Ohio will be less likely to come forward for treatment if Treatment in Lieu of Conviction is not available for felony theft of drugs or illegal processing of drug documents criminal indictments and charges. This is a good decision for nurses struggling with addiction.

I had planned to add more of a discussion here but I have to watch what I say on this blog because I know there is at least one attorney in Kentucky in the license defense area who monitors this blog for information on how to represent, counsel and advise nurses. This Kentucky attorney reported a blog post to the Kentucky Bar Association when I mentioned that I knew a nurse who I suspected was practicing law without a license and advising nurses in Kentucky Nursing Board matters.

WTF. Get a life. Why are you monitoring my blog that closely anyway?  Also as a professional courtesy, attorney to attorney, you could have contacted me if you had concerns. No, you print the blog post and forward to the Kentucky Bar Association.

I don't know who you are and I don't care who are you, but you my friend are a Hater with a capital "H." 

FYI, if I wanted to report something to the Kentucky Bar Association, I know the telephone number for UPL complaints, pumpkin. Also I have my own attorney who advises me on legal ethics, thank you for very much.

How funny! Just a parting remark for the Kentucky attorney who drinks Hateraid in the morning and before bedtime. http://www.urbandictionary.com/define.php?term=hateraid

If you want to learn the ropes with nurse license defense, then do your marketing and advertising, speak/write, develop a business plan, and work your own cases. Stop monitoring my blog and don't hate on me or my law practice. 

http://s0.ilike.com/play#Nas:Hate+Me+Now:249117:m11811283

 

Texas Nurse Acquitted in the Criminal Case. HOORAY!!!!!!

See http://news.yahoo.com/s/ap/20100211/ap_on_re_us/us_texas_nurse_acquitted_4

See http://abcnews.go.com/WN/texas-nurse-whistleblower-anne-mitchell-acquitted-harassing-doctor/story?id=9781119

See http://www.startribune.com/nation/84134547.html.

Criminal Law 101: Implications for Professional Nursing Practice. An Informational and Educational Webinar for Nurses

Criminal Law 101: Implications for Professional Nursing Practice
March 17, 2010 from 1pm to 2:15pm ET.

* This is a 75 minute legal webinar for nurses.

* The webinar is a 60 minute presentation followed by a 15 minute Q&A period.

* The cost of the webinar is $12.00.

* No continuing education credit (CE or CNE) is provided.

* Attendance is limited so plan to register early to reserve your space.  

* If you register and you are unable to attend, no refund is provided. You can however opt to receive the presenter's powerpoint presentation or you can also allow someone else to attend in your place.

* The presenter is LaTonia Denise Wright, RN, BSN, JD.

* There is a TWO step registration process:
 
A. You must pay the $12.00 fee via Paypal and then register for the webinar below; or

B. You may also register for the webinar below and then pay the $12.00 fee.
Please keep in mind you will not be approved by the webinar administrator until the registration fee is paid.

Here is the link to pay for the webinar with PayPal.

http://www.nursing-jurisprudence.com/criminallawwebinar.html

* If you have any questions about the registration process, please contact Jack Stem at 513-328-7253 or [email protected].

Criminal Law 101: Implications for Professional Nursing Practice   Join us for a Webinar on March 17, 2010 This is the second webinar in a three part series for nurses in March 2010. This 75 minute webinar will review criminal law and the criminal law process and procedure in general. Nurses are frontline healthcare providers who have extensive contact with sick and often emotionally and physically compromised pediatric and geriatric patients. This contact often extends into a patient’s home and quite frequently involves their family and may include access to financial and other personal information. For these reasons, the criminal convictions and the criminal history and behavior of nurses, nursing students, and NCLEX-Applicants is becoming highly relevant to healthcare organizations, nursing schools, and State Nursing Boards. Participants will learn about how criminal law and criminal charges and convictions impact suitability for employment, initial licensure or relicensure, and clinical placement for nursing students. Attendees will be provided with practical tips on how to proactively dodge the legal minefields associated with criminal law. Title:   Criminal Law 101: Implications for Professional Nursing Practice Date: Wednesday, March 17, 2010 Time: 1:00 PM - 2:30 PM EDT After registering you will receive a confirmation email containing information about joining the Webinar. System Requirements PC-based attendees Required: Windows® 2000, XP Home, XP Pro, 2003 Server, Vista Macintosh®-based attendees Required: Mac OS® X 10.4 (Tiger®) or newer Space is limited. Reserve your Webinar seat now at: https://www1.gotomeeting.com/register/789501312

To your knowledge is a 3 year old Nolle Pros Simple Battery charge normally a reason not to hire a candidate with good academic and employment references?

See http://en.wikipedia.org/wiki/Nol_pros.  This isn't legal advice.

A battery or an assault are crimes of violence. A battery or assault charge for a healthcare professional is never simple. Healthcare employers are concerned with patient safety and therefore any crime of violence indictments or convictions may raise concerns. Human resources and nursing management may not review your academic and employment references because the criminal conviction raises a bright red, white, and blue flag. Crimes of violence may scare a prospective healthcare employer who is concerned with patient safety and potential liability.

Speak with a license defense attorney in your state or jurisdiction. Maybe you can have those criminal records expunged or sealed. You need to determine if the conviction is a bar to employment in certain healthare settings. For example see this document which is available and directly applicable to Ohio nurses.  Download Criminalchecksohionurses.

Criminal convictions especially those of violence directly impact your ability to complete clinicals or externships or internships in healthcare, your suitability for licensure before a state healthcare licensing board, and your employability. If you have a criminal conviction or any criminal charges where you were not "acquitted and found not guilty" by a jury or a judge and you essentially took some kind of plea, talk to a license defense attorney in your state/jurisdiction before you spend tens of thousands of dollars on an nursing education and training you may not be able to fully use or find gainful employment because of your past.

I know it isn't fair and its like you are being punished twice but this is the way of the world especially in healthcare and you want to know what you are getting into before you dive head first without a helmet into concrete swimming pool with two inches of water. I am so ready to open our pool; only 3 more months of cold weather here in Cincinnati! I wish I lived in Arizona or Nevada.

Pennsylvania Nurses Charged with Theft of Drugs from Lehigh Valley Health Network

See

http://www.mcall.com/news/all-a1_5nurses.7098465nov26,0,6348807.story

I am Waist-Deep Working with Criminal Defense Attorneys and I love it!

There used to be a time when as a nurse license defense attorney, I was ankle-deep working with criminal defense attorneys. By ankle deep, I mean I had a few cases where nurses had concurrent representation by a criminal defense attorney. I work the Nursing Board case and the criminal defense attorney of course handles the criminal case. This was maybe 6 years ago.

About three years ago, I would say my nurse license defense practice was knee-deep working with criminal defense attorneys.

I must report as of this year, I am waist-deep working with criminal defense attorneys throughout Ohio, Kentucky, and Indiana. I am also working with one or two medical malpractice defense attorneys in cases where my client is involved in a nursing malpractice case and I am representing the nurse before the Nursing Board.

I like defense attorneys whether its a criminal defense attorney or a med mal defense attorney because we tend to think alike. Tell me what you see on your side and I will tell you what I see on my side.

Why am I saying this to you? To me this shows that legal cases involving nurses are not just your "run of the mill case" anymore and as such there may be one or more different specialties of attorneys working a case or a particular avenue of the case involving a nurse. Nursing is evolving.

If you have a legal issue make sure you have the right attorney with the right skill set and the right experience working your case or a particular avenue of your case. Its your license, your livelihood, and your case.