Nursing Law & Order

$101.01 Ohio Nursing Board RN Renewal Application Review: A Veggie Delight

The 2013 Ohio Nursing Board Renewal is here! Yes, it is that time of the year again. If you are responding "yes" to a renewal question, as a risk management strategy for your own nursing practice, you should consult with an attorney. 

Don't you want to know what you are facing? There is always a tendency to underestimate the seriousness of your own actions, inaction, or conduct in any particular circumstances. Your mother, your husband or wife, your best friend, and your "boo" may tell you "it is no big deal" but don't believe the hype. Obtain an objective consultation and advice for a nurse license defense attorney on the completion of your 2013 Ohio Nursing Board Renewal Application. 

Do you need a nurse license defense attorney in Ohio to review your Ohio Board of Nursing Renewal Application? 

Are you disclosing a felony or misdemeanor criminal conviction?

Did you have a criminal conviction or plea expunged and you are questioning whether or not you are required to disclose the information to the Ohio Nursing Board?

Are you disclosing substance use or substance abuse treatment?

 

Are you disclosing action against your RN license in another state?

 

Are you disclosing action against another professional license or designation in the State of Ohio or another state?

Offer Expires: August 31, 2013

Are you interested in working with me? I would like to help you. Please do the following:

1. Call or email Tina 

Tina is my virtual office assistant and schedules ALL of my appointments. Virtual means Tina and I are not physically in the same office however she works at my direction. 

Please provide Tina with all of your contact information including your mailing and email address. Give her a summary of the reason why you are scheduling the legal consultation with me. Lastly tell her you want the $101.01 Veggie Delight Special.

 

Tina Thelen, Virtual Office Assistant for

LaTonia Denise Wright, RN, BSN, JD
317-721-5530 (My Business Office phone)

[email protected] (email)

2.  Appointment and Payment 

Tina will schedule the appointment, take your credit card information, and confirm the amount to be charged. I will process your credit card payment as I am the only person in my firm authorized to process credit card payments. 

You can also pay the fee on-line via my website at www.nursing-jurisprudence.com or SNAIL MAIL a check or money order to my attention. 

 

3.    Documents, Correspondence, and Forms: Oh My! 

Scan/email, fax (855-859-5079), or SNAIL MAIL your documents to me. Send me EVERYTHING. I would rather have too much information than not enough information to review prior to our appointment. 

Billy Bad A## Approach when Defending Yourself before the State Nursing Board

There are three essential components to traditional and full-scale legal representation: 

a. representation and advocacy in a formal legal matter; 

b. counseling a Client on the legal process and procedures involved in a legal matter; and

c. advising a Client of his/her options so the Client can make informed decisions on how to proceed in his/her case, matter, or situation. 

There is nothing wrong with making an informed decision to REPRESENT yourself before the State Nursing Board. It saves you money (you don't have to retain or pay an attorney) and you can have it your way, like at Burger King.

What is representing yourself before the State Nursing Board? This means you do not have an attorney who has entered a Letter of Representation or Notice of Appearance of Counsel which is the formal way of letting the State Nursing Board know you are represented by counsel. This means that State Nursing Board staff including investigators, attorneys, and others may contact you directly about the State Nursing Board complaint to interview you, schedule a meeting with you, ask you additional questions about a statement or information you submitted to the Board, etc. 

You are also COUNSELING & ADVISING yourself with respect to the decisions, actions, and tasks to be undertaken in your case and implications those decisions, actions, and tasks have for your nursing practice, the Board of Nursing case against you, and your current and future employment in nursing. 

How do you "counsel and advise" yourself? You ask your peers, neighbors, colleagues, nursing professor, church pastor, and others for advise on what you should or should not do in your situation. You join a nursing chatroom and you look for answers to your questions or you do  your own research. Again there is nothing wrong with counseling and advising yourself before the State Nursing Board. 

I would dare to say it is very American and Billy Bad A// to take on the establishment and prove a point after all you are "not guilty" of anything, you didn't do anything wrong, and once the Board hears your version of events, the Board will send you a letter of apology for wasting your time. You tried it!!!

I received a lot of "counsel and advice" from friends, family, colleagues, peers, and others during my divorce in the summer of 2011. I received the WORST advice and counsel from the MAJORITY of people with respect to dealing with the trauma associated with the failure of my marriage. Failure was something I was not accustomed to dealing with in my personal life (or professional life) and the failure of my marriage brought me to my knees.

At the time when I needed it most, I received what I know now (and I knew then) was super duper and just plain bad advice. Thank God, I did not follow the majority of the advice given to me by the majority. But these folks of course meant well.

I received some good advice but it was from professionals who were objective and a few others lay folks. I joined a Divorce Support Group at a local church, I started attending a small group for "the divorced", and I began the long tedious process of healing from the inside out; actually being transformed is more appropriate.

I am Type A, B, C, D, and E. I am the person who gave myself 6-8 weeks in my schedule in the Summer of 2011 for divorce healing, recovery, and rebuilding. What type of nut job calendars emotional healing? I can laugh about it now because my divorce was the best thing (right after attending nursing and law school, Walmart selling 1.5 liters of Pepsi, and my purchase of a three-wheel bike last summer) that has happened to me. I had in 2011:

a. my divorce in May;

b. my "I am 40?" mid-life crisis in July;

c. my retrospective childhood "I didn't get the dog I asked for in the 1st grade" tirade and temper tantrum over a few months witnessed by both sets of my grandparents. I love my grandparents; they observed in disbelief and prayed without ceasing for me as I festered in a funky furnace of fire only after bathing in my own milky mess of self-centeredness and applied lastly lotion lavishly; and  

d. my life changed by the effectual call from Christ in December. Busy year.  

W hy am I telling you this?

1. Because your White Swan and your Black Swan can meet and really be FB friends; and

2. The advice and counsel of professionals is INVALUABLE when faced with a life event. A State Nursing Board complaint is a life event and if someone tells you it isn't smack his/her face and then call, text, fax, and email me (from jail); I can defend you before the State Nursing Board. Anytime you are involved in legal matter which impacts your education, employment, license, credentialing, AND identity it is a life event. Professionals help you navigate life events and you have a retain and pay professionals, sometimes out of the pocket. 

If you are involved in a State Nursing Board case, take the time and consult with an attorney. It may cost you a few hundred dollars but at least have a nurse license defense attorney take a look at your matter for a "fresh set of eyes" of your case. I routinely send my cases for review by a nurse expert prior to a hearing so I can get a different perspective on the case. You should consider doing the same with your case. 

 

LaTonia Denise Wright offers Legal Coaching Services for Nurses in Ohio, Kentucky, and Indiana

My law firm is pleased to offer legal coaching services to nurses starting today. This a brand new service I am offering to respond to the demand for legal services. I receive a number of calls, emails, texts, and faxes from nurses who desperately need legal services but cannot afford or do not want to pay for the full scale legal services associated with the traditional attorney-client relationship. My law firm utilizes flat fees and I have done so for years. I am very comfortable quoting flat fees for representation. My flat fees for traditional legal representation before the State Nursing Board start at $2,500.00 and the fee charged varies depending on the issues involved in the case. 

My firm has offered legal consultations for a number of years which allows a nurse to pay for a one-time appointment with me. In the context of the consultation, I review documents usually Board Adjudication Orders, Consent Agreement, Alternative Program Agreements, criminal case records, etc. and then counsel and advise the nurse on his or her options. A legal consultation is a one-time appointment with me either by telephone or in-person and it is of course confidential. See this pdf file for additional information on legal consultations with my office.  Download Legalconsultations2012. 

The majority of RNs, LPNs, APRNs, nursing students, and NCLEX-Applicants involved in State Nursing Board disciplinary investigation represent themselves and I am sure this is because of the cost of legal services. I also believe it is because most of us fail to appreciate just how adversarial the disciplinary investigation and suitability for licensure can be. It is a formal legal process, not what you see on TV and it has vast implications on the careers of those who are involved. 

This is why I am offering legal coaching services for nurses in Ohio, Kentucky, and Indiana because it allows a LPN, RN, APRN, nursing student, or NCLEX-Applicant to pay for a certain number of hours of legal services which include reviewing correspondence and documents, revising documents, legal and nursing research, legal opinions, reviewing Nursing Board documents, agreements, and contracts, reviewing criminal case documents and then I counsel, advise, and coach my client on his/her options. 

This allows the Client to continue to represent themselves before the State Nursing Board, with an employer if negotiating an employment agreement or involved in a workplace investigation, etc. and still receive legal coaching, advice, and counseling from a nurse license defense and nursing law attorney.

In the legal world, this type of arrangement is called limited scope representation and unbundled legal services. See http://en.wikipedia.org/wiki/Unbundled_legal_services

 For example, let's say a nurse is involved in a criminal case and wants my involvement on a limited basis to review the nursing practice, Board of Nursing issues, and other nursing related facets of the criminal case. The nurse can pay for 3 0r 4 hours of legal coaching which is less expensive for nurse and allows the nurse to receive the specific advice, counseling, and support needed with respect to nursing licensure, credentialing, and employability.

Another example would be a nursing student who has to disclose criminal convictions to the State Nursing Board and needs legal coaching, advising, and counseling on the submission of the Initial Application for Licensure by Examination to the Ohio, Kentucky, or Indiana State Nursing Board. The nursing student could pay for 3 or 4 hours of legal coaching which would be less expensive than retaining me for traditional representation. Also the nursing student would need more time than the 30 minutes or 1 hour offered with a legal consultation.

Yes, this is Nursing Law & Order but in real life with real issues before the State Nursing Board and in nursing law and professional practice matters involving real nurses, I can't always resolve issues and wind up a case in 60 minutes like Olivia Benson and Elliot Stabler on Law & Order SVU. This is why I offer legal coaching services and full scale representation with a flat fee retainer. 

Another example, would be a nurse who has been reported to the State Nursing Board and wants my assistance reviewing the complaint, researching the issues, and assisting the nurse with a response to the Board of Nursing Complaint. This could be accomplished with legal coaching. However I would not file an appearance with the State Nursing Board or contact the State Nursing Board on behalf of the nurse because I am not "representing" the nurse before the State Nursing Board. I file an appearance indicating I am the attorney of the nurse if a nurse retains me for a flat fee which is involved in a traditional and full scale legal representation.

If you are involved in a formal legal matter before  the State Nursing Board and you do not have an attorney advocating for you before the Board as your attorney then you are "pro se." A nurse is proceeding "pro se" and involved in self-representation. What is Self-Representation? See http://en.wikipedia.org/wiki/Pro_se_legal_representation_in_the_United_States

My legal coaching service is a hybrid service and I see it another avenue to fulfill my calling (and make money; I am a lawyer now:) and as a go-between one-time legal consultations and traditional and full scale legal representation, counseling, and advising. 

Some nurses do not want to or need to work with an attorney over an extended period of time and this is a option for nurses who want to tryout legal services on a limited basis to start a nurse-owned business, review unemployment, workers comp., nursing malpractice, or other matters.

Do you want more information about the difference between the legal coaching, legal consultations, and traditional representation, counseling, and advising services offered by my law firm? You can email me at [email protected] or [email protected]. You can call my office at 513-655-6586 or text me your email and we will send you additional information. 

What are the costs of legal coaching with my law firm? See http://www.bookfresh.com/service/cincinnati/law-office-of-latonia-denise-wright-lpa/157503739. 

 I will also post a flyer in the next few days which discusses the difference between legal consultations, traditional attorney representation, counseling, and advising, and legal coaching services I offer for nurses. 

I actually see this as being a very popular service for nurses who want to get me involved in their case, matter, issues, or professional practice legal and ethical quagmires but do not want or need to (this is a personal decision) proceed with full scale legal services at this time.  You are the boss with limited scope representation and unbundled legal services and you are proceeding as an informed consumer who is essentially representing him or herself. 

 

 

 

Bucks and Sucks: Retain a Nurse License Defense Attorney to Defend You before the State Nursing Board

If you are going to retain an attorney to represent you in a State Nursing Board investigation, hearing, or matter, you should retain an attorney who has experience practicing before the State Nursing Board defending nurses. 

This may seem like a no-brainer but I receive a lot of calls, emails, faxes, and texts from nurses across the country who have retained an attorney only to find out later that the attorney really does not have any experience practicing before the State Nursing Board and therefore the advice, counsel, and/or representation provided by said attorney bucks and sucks. 

How can you determine if an attorney has experience practicing before the State Nursing Board?

1.   Ask the attorney about his or her experience before the State Nursing Board with questions like:

a. How many cases do you currently have before the State Nursing Board?

b. How many cases have you had in the last year before the State Nursing Board?

c. How long have you practiced before the State Nursing Board? 

d. Is defending nurses before the State Nursing Board the majority of your law practice? What percentage of your law practice involves nursing law and defending nurses? 

DO NOT just rely on what the attorney tells you. Research the attorney and his or her law practice online. Take a look at the firm website and/or blog to determine if nurse license defense is listed as an area of practice. 

It is your nursing license and your case. You have a responsibility to yourself to do your own research and homework and locate a reputable attorney to defend you.

How do you find an attorney with experience defending nurses?

1. Online research;

2. Contact your State Nurses Association for a referral to a nurse license defense attorney; 

3. Contact The American Association of Nurse Attorneys (TAANA); and/or

4.  Seek referrals from colleagues. 

Also do not believe the hype and also fight the power while you are at it; it is more important to retain an attorney with significant experience in nurse license defense than to retain an attorney who lives 2 miles from you in your city. Geography really is not an issue in these types of cases because most State Nursing Boards are located in a state capitol or another geographically central city in a state. It is more important that you retain an attorney with significant experience than to retain an attorney who lives in your city. 

Do your research and retain the right attorney initially because if you have worked with multiple attorneys in your State Nursing Board case it is a red flag. When a nurse tells me she was represented by XYZ law firm initially and then fired that firm and retained ABC law firm because of DEF but then later fired the attorney because of HIJ and is now calling me because of MNOP I see fire engine colored red flags and I always double or triple my flat fee.  This usually signals problem client and I need more money to work with problem clients because:

a. the extra Pepsi, coffee, hot tea, and sweet tea I am drinking will eventually lead to a UTI;

b. doctor visits for Ibuprofen 800mg for stress headaches;

c. weaker ankles from having to ride my three-wheeled bike to the post office and walk more to de-stress; I will have to wear my ankles braces which do not coordinate well with my Vera Bradley pocketbooks;

d. weaker wrists from typing harder on my keyboard responding to emails even with an ergonomic keyboard; I will have to wear my wrist braces which do not match my earrings, necklaces, and/or bracelets;

e. in addition to increased costs for Ms. Jessie's, Design Essentials, and other natural hair products because I will have to swim and relax more in my swim spa more frequently. Did I tell you I purchased a swim spa? I love it. My backyard is like a waterpark now with a swimming pool, hot tub built in the deck, and now a swim spa. I am a water sign, Cancer (not CA) and I love the water. I can not wait until the summer although I am swimming in the swim spa now. I increased my legal flat fee agreements charges this year by $9.97 to help defray the financing and electrical costs associated with my swim spa.  

f. Working in time for an additional 60-90 minute Christ-centered small group or bible study plus 1-2 hours of weekly prep time because meekly, humbly, patiently, gently, lovingly & nicely saying "four letter profanities" in a brown paper bag isn't emotionally or spiritually healthy. 

Okay back to the point, I was making. Do your research on attorneys. It is not about the cheapest attorney, closest attorney, or cutest attorney. You want someone to do their job, be painfully objective, and be fair and honest with you about your case and your options. 

Edie Brous, RN, Attorney at Law to present three Nursing Law & Order webinars in April 2013

Edie Brous, RN, JD is a licensed attorney in New York, New Jersey, and Pennsylvania. Ms. Brous is a nurse license defense attorney and represents nurses before the State Nursing Boards. Ms. Brous speaks nationally on legal issues in nursing and is an active member of The American Association of Nurse Attorneys (TAANA).

For additional information about Ms. Brous or to inquire about the legal services offered by her firm, see http://www.ediebrous.com/index.html. Edie can be reached by telephone at 212-989-5469. 

Ms. Brous with the Law Offices of Edith Brous, Esq. R.N. is presenting the following Nursing Law & Order webinars:

Monday, April 1, 2013 from 6pm to 7:30pm EDT

State Nursing Boards Complaints: The Who, What, When, Why & Where? 

The cost is $20.00. No CE credit is provided. To register click on the link below:

Registration Link: http://nursinglaw.enterthemeeting.com/m/YSCWIDRP

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Monday, April 8, 2013 from 6pm to 7:30pm EDT

Adjudication: What does a Hearing before the State Nursing Board Really Mean? 

The cost is $20.00. No CE credit is provided. To register click on the link below:

Registration Link: http://nursinglaw.enterthemeeting.com/m/GZ7RNKJ1

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Friday, April 26, 2013 from 6pm to 7:30pm EDT

Criminal Convictions, the State Nursing Board and Nursing Students Seeking Initial Licensure

The cost is $20.00. No CE credit is provided. To register click on the link below:

Registration Link: http://nursinglaw.enterthemeeting.com/m/YVVSJZMI

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I am pleased to offer webinars to nurses, nursing students, and others interested parties to learn more about the law, legal issues, and legalities in nursing practice. The focus of the April 2013 webinars is the State Nursing Board and Nursing Law & Order is offering a total of 16 webinars this month touching on the State Nursing Board.

Why the State Nursing Board? Nurses are more likely to be reported to the State Nursing Board Board and investigated for a complaint than to be named and sued as an individual defendant in a nursing malpractice or medical malpractice case. However nursing education, in-services, and seminars tend to focus more on nursing negligence than State Nursing Board Complaints against nurses. 

I can remember when I was in nursing school back in 60s (just kidding) and the only mention of liability concerned nursing negligence and medical malpractice. Then after graduating from nursing school in 1993 and 1994, most of the seminars I have attended that may have a topic or two on legal issues, the focus is usually documentation, negligence, and malpractice. 

You may ask  whose role is it to educate nurses and nursing students on the law, legalities, and legal issues in nursing practice? Does the role belong to individual nurses, nursing schools/colleges/programs, nursing employers, nursing unions, nursing professional associations, or another party? 

Nursing Law & Order is doing its part to educate nurses and nursing students on the law and the legal pitfalls in nursing practice. This is what I always considered Phase II to my license defense practice and I praise God that this is finally the year I am able to move forward with another component in my dream career.

What is your dream career? Are you working in your dream career? If not, build it.  

My law practice is evolving and risk management is the next component. Risk Management is usually associated with facilities and organizations however the term is applicable to individual nurses. I will always be a nurse license defense attorney and practice law before the State Nursing Boards but I have to reach up, down, back, around, and forward to educate, inspire, comfort, and help other nurses and nursing students with legal issues proactively. I feel this is my calling and having a nurse license defense practice was just the beginnning. This feels right and I am looking forward to a glorious 2013. 

Cynthia Mikos, BSN, Attorney at Law is presenting the April 10, 2013 webinar: APRN (Advanced Practice RN) Complaints with the State Nursing Board

Nursing Law & Order is sponsoring a cutting edge webinar for Advanced Practice RNs (Nurse Practitioners, CRNAs, CNMs, and CNSs) and APRN students. The webinar is titled APRN State Nursing Board Complaints, Discipline and the Legal Implications for  Nursing Practice. 

Nursing Service Organization (NSO), a division of AON Affinity, and their insurance carrier CNA released a healthcare industry resource, Nurse Practitioner Liability Update 2007-2011: A Three-Part Approach on November 13, 2012. The Update contains an analysis of nurse practitioner malpractice and license defense claims over a five-period. 

The Update noted 61% of licensing board actions against Nurse Practitioners resulted in "no action", while 3.1%of the licensing complaints resulted in the end of the nurse practitioner's career. This leaves 35.9% of licensing Board complaints resulting in some form of discipline of the license of a NP. See https://www.nso.com/pdfs/db/NSO_Claim_Study_PR_FINAL.pdf?fileName=NSO_Claim_Study_PR_FINAL.pdf&folder=pdfs/db&isLiveStr=Y 

APRNs which of course include Nurse Practitioners face a variety of legal issues in clinical practice which may result in a State Nursing Board complaint being filed against the APRN. This webinar will review the types of complaints filed against APRNs (CRNAs, CNMs, NPs, and CNSs) and the discipline implications for APRNs with respect to future employability, multi-state licensure, credentialing and privileging, and specialty certification. 

This is a 90 minute webinar presented by Cynthia Mikos, Attorney at Law with Allen Dell, P.A. There will be plenty of time alloted for questions and answers depending on the number of attendees. 

Wednesday, April 10, 2013 from 6pm to 7:30pm 

APRN State Nursing Board Complaints, Discipline, and the Legal Implications for Nursing Practice

The cost of the webinar is $20.00. No CE credit is provided. You can register online for the webinar at: http://nursinglaw.enterthemeeting.com/m/1ITTLHOK. 

Cynthia A. Mikos is a graduate of West Virginia University (B.S.N., 1977), University of Baltimore (M.B.A. 1983 with honors) and Stetson College of Law (J.D., 1993 with honors). She is rated AV Preeminent by the Martindale-Hubbell Law Directory.

Ms. Mikos is Board Certified in Health Law by the Florida Bar Board of Legal Specialization and Education and represents licensed health care professionals and facilities throughout Florida. Her practice focuses on licensure, fraud and abuse advice, Medicare, Medicaid and other payer disputes, Florida and federal regulatory compliance, and business issues for health care clients.

Ms. Mikos represents a broad spectrum of health care providers, including physicians, advanced registered nurse practitioners, physician assistants, nurses, mental health therapists, hospitals, durable medical equipment companies, home health agencies, pharmacies, sleep laboratories, rehabilitation agencies, long term care facilities, providers of services to the developmentally disabled and independent diagnostic testing facilities. As a former nurse and executive of a Fortune 100 health care company, Ms. Mikos values her prior health care experience as an adjunct to her legal advocacy.

Ms. Mikos currently serves as the Chair for the Executive Council of the Health Law Section of The Florida Bar and has participated as a member of its Executive Committee since 2003. She is a member of the American Health Lawyers Association, the Florida Association of Hospital Attorneys, the Hillsborough County Bar Association Health Law Section, The American Association of Nurse Attorneys (President 2006) and the Florida and Hillsborough Association for Women Lawyers.

Ms. Mikos can be reached at 813-223-5351. For additional information about Ms. Mikos, see

 http://www.allendell.com/our-attorneys/cynthia-a-mikos/. 

To download a complete copy of the NSO Claims Study for Nurse Practitioners see: 

https://www.nso.com/pdfs/db/NP_Claims_Study_2012.pdf?fileName=NP_Claims_Study_2012.pdf&folder=pdfs/db&isLiveStr=Y

 

Are You Pro Se? The Pros and Cons of Self-Representation before the State Nursing Board

Nursing Law & Order is offering a 60 minute webinar for nurses and nursing students to learn more about the pros and cons of self-representation before the State Nursing Board. The webinar will review the following topics: 

What is Pro Se? 

Why do the majority of nurses represent themselves before the State Nursing Board in disciplinary investigations and complaints? 

What are the benefits and risks of representing yourself before the State Nursing Board?

What are the benefits and risk of retaining an attorney to represent you before the State Nursing Board?

What type of attorney should I retain to assist me before the State Nursing Board?

What is a flat fee vs. a evergreen retainer in reference to legal services? 

Wednesday, April 3, 2013 at 6p.m. EDT

The cost of the webinar is $20.00.

There will be plenty of time also questions and answers.

You can register online at:

Registration Link: http://nursinglaw.enterthemeeting.com/m/XT5H1MNR

No continuing education is provided however you can receive a certificate of attendance to include in your nursing portfolio.  

State Nursing Board Complaints: The Who, What, When, Why & Where? Webinar

Nursing Law & Order is offering a webinar for nurses and nursing students to learn more about State Nursing Board complaints. 

Do you want to know more about State Nursing Board complaints? 

Are you involved in a State Nursing Board complaint against your license?

What is a State Nursing Board Complaint? 

Am I more likely to be sued for nursing malpractice or reported to the State Nursing Board? 

Monday, April 1, 2013 at 6p.m. EDT

The cost of the webinar is $20.00. 

You can register online at:

Registration Link: http://nursinglaw.enterthemeeting.com/m/YSCWIDRP

No continuing education credit is provided. However you can be emailed a certificate of attendance to include in your own nursing portfolio. 

unemployment compensation and BON complaints

The interplay of the law, legalities, and legal stuff was and still is the collateral implications from criminal pleas and licensure consequences. Unless your criminal defense attorney is also a nurse license defense attorney.....You know the rest.

Criminal law however has two fast approaching challengers with unemployment compensation cases and nursing malpractice cases with nurses as defendants or fact witnesses.

Nurses it is imperative that you seek legal representation before you appear pro se and "wing it" at a telephonic unemployment compensation hearing or a deposition in a med mal case. "I am just a nurse" is not an affirmative defense; maybe in an online nursing chatroom at 4am and only if your legal name is Billy Dee and you just gulped a forty ounce of the cult classic, Colt 45.

It is getting hot in the litigation lunchroom and the roof is on fire in the complaint kitchen (and it ain't because of us lawyers) meaning nurses as educated and licensed professionals who earn a respectable wage are just as likely to be reported, sued, named, indicted and as always termed as others licensed professionals.

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.

 

What Do I Need To Do to Get Reported to the State Nursing Board today?

The summer is over and we are moving into fall. It rained so much of the summer it did not feel like summer until we hit the streaks of 100 degree weather. This has been an interesting year to say the least in my personal life as well as in my law practice. The Board of Nursing cases are more complex and nurses are representing themselves in these more complex cases without a real appreciation for the role of the Nursing Board or for just how serious ANY action against a license can be for your nursing career. It is never JUST a public reprimand, baby. My practice averages at least 15-50 inquiries each month from nurses with a pending complaint, post-disciplinary, pre-hearing, or active disciplinary investigation in Ohio, Kentucky, or Indiana. This of course does not scratch the surface for Nursing Board complaints in the tri-state area.

I am seeing a trend of cases involving nursing negligence and malpractice which is utimately reported to the State Nursing Board either directly or by a NPDB-HIPDB report of a settlement involving a nurse. Nothing surprises me anymore in license defense cases but when I see RN and APRNs who are named as defendants or involved in a malpractice case and rely on the advice and counsel of their employer or former employer's legal counsel throughout the matter without question, I ask why? At some point in any nursing malpractice case you have to ask yourself: Is this going to the State Nursing Board? If so, consider consulting with a license defense attorney. This is really why as a professsional nurse you need your professional liability insurance policy with a license defense benefit. It provides for attorney representation before the State Nursing Board, during depositions in a civil matter, and for nursing malpractice cases. I am paying $99 to renew my nursing liability insurance policy this year. I also have legal malpractice insurance and media liability insurance for this blog and the online products and services I am developing this fall and winter. My launch for my new website and blog will be January 1, 2012. I have so much I want to say to the readers of my blog and my clients. First is thank you for supporting me over the years. I started my law practice in 2001 and I have worked with some of the best nurses in my 10 years of law practice. I don't know anyone who goes to work and says "what do I need to do to get reported to the Nursing Board today?" But it happens, life happens, and I think sh*t happens. I hope it never happens to you as a nurse, but if it does, and you are in IN, OH, or KY, call me. Second, thank you for those of you who sent me cards and other well wishes during my divorce. The legal divorce was a piece of cake because well you know....But the emotional divorce is a monster. But I like the new Me. I lost 50 pounds and I have to say, I look good. I feel good. I am still Type A but with a minus and question mark because I am happier and enjoying the ride instead of focusing only, exclusively, and primarily on the destination. I am having fun socializing just to be socializing with old friends, new friends and getting more active and involved in the general business community and a new church. Did I tell you I had a pajama party (12 of us) and it took me two days to recover because I lost my voice from laughing so much. It was a blast! What else is new? I took a concealed and carry course to obtain my permit: yes the Nursing Law Bandit has heat! Not East or West Coast Rapper type heat or Cincinnati First 48 hours type heat but still heat and hot enough for me. I took the course with my Aunt Jules and my cousin refers to us now as Thelma & Louise. I can tell you: we WILL NOT drive MY cadillac off into a Canyon (until it is paid for)! I go to the target range at least twice a month to practice. Jack teases me about a holster: vest or thigh. I am thinking "thigh" instead of vest because I am usually wearing a dress or skirt. I have a 9mm and a 20 gauge shot gun. I am buying a 38 to keep on my person after I receive my permit and to holster. I know. I know. Just exercising my constitutional right to bear my arms: you have to see my new sleeveless red dress from the Limited! Thirdly, my law firm will offer more legal products and services starting January 1, 2012. I think you will be pleased and this has been a dream of my mine for years and I am going to crank it up and out this fall and early winter. I am burning the midnight oil this fall and winter. I am excited and even if I don't make a dollar, I am doing what I do best: talk sh$t. No, I am sorry, I am living and working my passion which is always defending and repping nurses. Fourth and finally, I want to know what do you think nurses need to know about the law, legal issues, and professional nursing practice? What types of products and services do you think an attorney or law firm should provide to individual nurses? Are your legal needs being met as a nurse? What are your legal needs a licensed nurse?

Ready or Not: the $2,500.00 State Nursing Board case

http://www.youtube.com/watch?v=W7MUKF2uE6k&feature=related

http://www.youtube.com/watch?v=0GfUPXfw5Mg&feature=related

Lauryn Hill says it best: Ready or Not.....

Ready or not and (regardless of) whether you realize it or not:

1. The State Nursing Board is investigating you if you receive a Notice of Complaint from the Kentucky Nursing Board or Indiana Board of Nursing or if you receive a Potential Violation Report, telephone call, email, or official correspondence from a Compliance Agent (investigator) or Adjudication Coordinator (Juris Doctor (law degree) prepared Staff) from the Ohio Nursing Board.  

a. It is not the role, responsibility, job, or function of the State Nursing Board or anyone who works for the Board to explain to you what this means to you, for you, and what you shoulda, coulda, maybe, or mighta do or do not. The Board's role is pubic protection: no ifs, no ands, and certainly not buts.

b. You are representing yourself anytime you are not represented by an attorney in legal proceeding. YES, Board of Nursing investigations and complaints are legal proceedings. Therefore anything you do or don't do and how you proceed in the legal proceeding before the State Nursing Board, you are representing yourself.

c. Self-Representation in a legal proceeding is a right just like deciding whether or not you want to retain legal counsel (private or have one appointed  in a criminal matter) in a legal proceeding. No, sorry, attorneys are not provided by the State to represent healthcare professionals in licensure matters.

d. You are an educated and licensed healthcare professional i.e. you have something to lose: your employability, your career, your license, your....... Therefore ANYTIME you as a licensed nurse are involved in a legal proceeding, you MUST ask yourself, do I need a lawyer?

No one is going to hold up a sign and walk a picket line in front of your home saying "Retain a Lawyer."

No one is going to tell you "you are required to hire a lawyer."

No one is going to tell you "you are nuts if you attempt to work through this on your own."

Everyone will tell you:

1. Just tell your side of the story and it will be okay (this is my grandmother's favorite that I figured out to disregard at age 9);

2. This is not a big deal as I am sure the Board of Nursing has bigger fish to fry. I love this one because not only do I like to fish for sport but I also like to eat fish: the bigger the better.

3. It is going to be okay. When anyone tells me this, I immediately think "how and why would you know how it is really doing to be or be not for me?"

4. This is just a misunderstanding, just be honest and it will work itself out. Like what, a knot?

Lawyers can be expensive for corporate litigation and other matters but license defense is actually affordable because the fees are quoted to an individual healthcare professional. Most license defense attorneys will quote you a flat fee or a retainer and hourly fee based on your case and the complexities which is actually affordable when you consider your monthly, annual, or lifetime income as a LPN, RN, or APRN.

If you are NOT willing to spend $2,500 to $__________ to defend your license in a Complaint filed against you for whatever reason, what does this mean to you and for you?

This is why I have legal malpractice insurance that covers malpractice and Bar disciplinary investigations of my license. This is why I still maintain my nursing liability insurance. This is why I just purchased media insurance for my blog and online projects. Because I am a professional, I am licensed, and there is always always a chance I can be sued or reported because of legal, professional,and personal accountability, responsibility, duties, and obligations.

I know this isn't explained in school or discussed in the workplace this way but that's a fact Jack and if you are not comfortable or PREPARED for this, get prepared or surrender your license (as a teacher, nurse, lawyer, dentist, physician, PT, etc.) and work in a field that does not require a State issued license and does not have the regulatory complexities of healthcare.

A Notice of Complaint is a Notice of Complaint and a PVR is a PVR from the Nursing Board regardless of whether or not you appreciate the significance, complexities, or law, legalities, and legal issues therein: it is what is it.

The cases I am seeing in 2010/2011 vs. 2003/2004 before the State Nursing Boards are like day and night. http://www.youtube.com/watch?v=hlbQhD2sxz8

The cases now are much more complex than the $2500 fee from yesteryear. $2500 was the standard fee I quoted years ago but very rarely do I quote a $2500 fee anymore because of the issues involved. That's why I do my own initial phone calls to nurses who contact my office because I need to listen, listen, and ask a question or two before I can quote a flat fee for representation because the $2500 standard State Nursing Board case only comes around once every blue moon and every other purple sun. I also need to review a few documents for myself to get a feel for your case because although I understand what you are telling me, I need to see the paper: black and white.

Also do you want an attorney to quote you a fee of $1,110.56 for Nursing Board representation? Do you know how long these cases take to be worked up and eventually resolved? What type of representation do you honestly think the attorney will provide to you for $1,110.56? Does this $1,110.56 include any research or prep work? What is included for $1,110.56?

This is your State Nursing Board LICENSE, not a muni court case or a will. I do not quote low ball fees just to get a case or bring someone on board and then not work up the case or answer client calls. If you want an extremely low fee, I am probably (99.99% of the time) not that nurse license defense lawyer.  

So even when you say, I called Lawyer A and he told me $2500. I called Lawyer B and she told me $5000, don't expect for me to yell out "BINGO, I can represent you for $3,750.53 and a pack of Apple Now Laters."   

I represent my clients how I would want a lawyer to represent me if: my license, my career, my livelihood and my essence was at stake because I am my license. Sorry. I know others will say you are more than what you do for a living and "your job" but not me.  I am RNBSNJD and LDW Law.  I haven't decided which I want to have on my vanity license plates, what do you think? 

I am committed to my law practice, my nursing career, and the nurses I represent. http://solopracticeuniversity.com/2011/07/12/back-to-the-root-of-things-the-role-of-servant-lawyers/.

Also think about this: are you providing the service each and everyday you practice as a nurse that you expect other service providers to provide to you and your family? If not, Houston, we have a problem.....

NO LICENSE or RESTRICTED LICENSE means a lot to you as a LPN, RN, APRN who is LICENSED or a nursing student, NCLEX-PN or NCLEX-RN on the road to licensure. Your license is always at stake in a State Nursing Board case and ready or not, regardless of whether you realize it or not, it is what it is and what it is usually just the beginning because the Nursing Board investigation is a starting point on a dim and winding path and you may not see the forest because of the trees.

Take a look at these articles.

Download BillofRightsforNursespdf

Download Nurselicensedefenseattorney

 

It is Going Down like Charlie Brown: Nursing Students will Sue!

I attended nursing school "back in the day" when nursing students viewed their instructors and professors with admiration, respect, and "awe." This was in the early 90s for me. I received my ASN in 1993 and my BSN in 1994.

Things have changed in the almost 20 years and nursing students are willing to file complaints against instructors and professors with the State Nursing Board, file complaints against their schools of nursing with the Board of Nursing, and sue! That's right baby, litigate!

I tell you there is nothing like a civil law suit and the discovery process.  I tell you a Complaint for Damages smells like a warm strawberry PopTart with sprinkles to a defense attorney. Sometimes I miss med and dental malpractice defense work (only for 3 seconds).

Former Viriginia Western nursing students were awarded damages. http://www.roanoke.com/news/roanoke/wb/291572

I expect more of these lawsuits especially from nursing students are crim-ed out, attend nursing school and spend $30k+, only to find a restricted nursing license and little to "zip" employability because of the restricted license and being crim-ed out.

What is crim-ed out? I picked this up over the weekend while out and about. You know I am a single now and I am out and about and on the loose, 60 to 90 minutes every week now. It is start. But anyway.

It is crim like brim. So crim-ed out. Crim-ed out means multiple criminal convictions, either Misters or Fellows. I picked this up to this weekend also. And no, I did not visit anyone in jail or prison and pick this up and no, I didn't pick this up at a Bar association event.

Personally I think nursing students should be more proactive as adult learners. You are seeing this now with law students who take on 100k to 150k in debt from law school to realize most attorney positions start at 35k to 55k.

http://www.nytimes.com/2011/07/17/business/law-school-economics-job-market-weakens-tuition-rises.html?_r=1

http://www.nytimes.com/2011/01/09/business/09law.html?pagewanted=all

If you are a nursing student or NCLEX-Applicant and you have felonies or misdemeanors, you need to speak with a nursing law attorney before you submit your application for licensure to the State Nursing Board. Anytime you are REQUIRED to make affirmative disclosures on a renewal or initial application for licensure, you should talk to a nursing law, nurse license defense, or administrative law attorney in your state.

Legal Duties vs. Moral and Ethical Obligations: The License is 24/7

IMHO, a test of character and integrity is rising above your legal obligations and duties and doing what is morally and ethically correct although you are not legally obligated to do so.

We live in a time where it is all about the law (this blog is Nursing Law & Order) because you can sue for just about anything these days. A kid gets slapped on the playground now it is suspension from school or expulsion, criminal charges, and a civil suit.

Nurses need to know the law and in particular the practical application of the State Nurse Practice Act and Board of Nursing regulations to everyday practice. This is just a starting point; the bare minimum is the legal. From the legal IMO you can then start to decipher the moral and ethical. In Nursing, the bare legal or barely legal is a matter of perspective.

I make a mighty but still muddled & merely middle class living (I am aspiring to be at the Rick James "I am rich bi$ch" level by my 105 birthday (I just turned 40 on Saturday, July 2nd)) because of "the legal", the gap somewhere between the Nurse Practice Act & Board regs and professional standards and practice and the application to nursing practice and "being" a state licensed nurse 24/7. 

24/7 requires thought and understanding and a big picture view.

24/7 means when you see your best friend throw a punch in the bar after the 6th round of beers you do not start swinging and fighting along side of her and the two of you "go out" like Thelma and Louise. http://en.wikipedia.org/wiki/Thelma_%26_Louise

24/7 means when you get pulled over for drunk driving and you are charged with a DUI, child endangerment, possession of drugs, concealed weapon, and possession of drug paraph., you recognize at some point in the process and actually say "this may be my a## with the BON."

24/7 is 24/7; you are a nurse 24/7. I just renewed by nursing license with the Ohio Nursing Board last week and although there is one person I would really really like to slap, I keep my hands to myself because I am a nurse 24/7 and as a RN (in the Big O only) & a license defense attorney (three states baby) I don't NEED or WANT a DV charge or conviction.

One of my girl friends was arguing with a stranger last month (about the price of gas, the Middle East, and how this impact politics in the US. Why?) when we met for Happy Hour (why are there so many angry folks drinking at Happy Hour anyway?) and I told her, "if you are fighting, I will wait in the car." I am also a lawyer 24/7 and lawyer discipline is another matter.

Every license has benefits and burdens. The benefit of a RN license is the income and career diversity afforded to RNs especially with advanced education or additional experience/expertise and certifications. You can literally write your own ticket in nursing; I am.

The burdens are the legal, ethical, and moral responsibilites, duties, obligations, and liabilities and cross the profession still carries from lack of an entry level to practice, being female dominated, collective bargaining, and from being fractured and operating in environments where nurses have little real control or power. It is always about the money, the power, and the ends & means and the profession still struggles with this and will continue to do so.     

On a Law & Order: SVU episode (I love Detective Stabler; he is nuts!!) one of the detectives commented about being a detective and a police officer and being the job 24/7. Police officers are socialized into this circle and we all have heard about the blue line. Where is this socialization in nursing? Are nursing schools churning out soooo many graduates that there is no time for socialization? Just pat your graduates on the head, give them a business card to a local bail bonds chop shop and an outdated copy of the ANA Code of Ethics, and then say "Go Be Somebody."

24/7. This is the responsibility, accountability, and potential liability that you assume when you get your State Board of Nursing issued RN or LPN license. This is what nursing profs need to tell students and what needs to be stressed to practicing LPNs, RNs, and APRNs.

Who role is it to say this anyway? After I complete my Jedi Knight training, I want to assume part of this role in the profession. Which brings me to my next blog post? Nurse, are you just living or are you living by a code and fulfilling your destiny like Darth Vader or Luke Skywalker?

It ain't all peachy or creamy (I want ice cream) in nursing; it is 24/7 with the license.

Why? Look at the State Nursing Board renewal applications questions. Are you a Misdemeanor Mama or the Felony Father? (I am sorry Mom. I had to say it. I am going to Bible Study this Thursday and early morning service on Sunday. One of my grandmother's reads this blog).

Misdemeanors are misdemeanors and a felony is a felony, whether you are on the job or off the job because you are the job when you can care for John Q. Public; you are a nurse 24/7.  

My Legal Manifesto: No Pro Bono, No Low Bono. Just Racks on Racks on Racks!

The majority of nurses and probably healthcare professionals (maybe except dentists and physicians) represent themselves when contacted by the State Board. This is called pro se and this means you are not represented by an attorney. There is nothing wrong with pro se.

Pro Bono is when an attorney takes a case without payment. Attorneys can donate their services and volunteer to take cases assisting underserved populations. I believe in a few states, pro bono may be required. Most legal professional associations suggest their members take one or more pro bono cases a year or volunteer and provide pro bono services to a underserved group in need of legal services.

What is low bono? This is when an attorney provides legal services to a client at a discounted or almost free rate or charge.

See ABA Model Rule 6.1 which states in part:  

Every lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year. In fulfilling this responsibility, the lawyer should:

(a) provide a substantial majority of the (50) hours of legal services without fee or expectation of fee to:

(1) persons of limited means or

(2) charitable, religious, civic, community, governmental and educational organizations in matters which are designed primarily to address the needs of persons of limited means.

http://www.americanbar.org/groups/probono_public_service/policy/aba_model_rule_6_1.html

This has been wild month. I had a nurse call the office who needed assistance before the State Nursing Board.

The nurse told me the following immediately:

1. I have no money;

2. I have been out of work for 3 years; and

3. I need you to take my case pro bono or for a small fee.

I told the nurse immediately:

1. I am sorry you have been out of work for 3 years;

2. I do not take pro bono or low bono cases; and

3. I will be happy to speak with you by phone about your options but I cannot represent you; I am sorry.

The nurse then proceeded to tell me she was referred to me by a healthcare employer who suggested she retain me and suggested she inquire about "pro bono services" with my office because all lawyers must do pro bono.

I informed the nurse I do not take nurse license defense cases pro bono.

She replied do you not have to take so many pro bono cases a year?

I wanted to reply, "you are shitting me, right?" but I don't use that kind of language in real life, only online as the Nursing Law Bandit.

Attorneys in Ohio, Kentucky, and Indiana are NOT required to take or perform pro bono services.

Okay so here it is:

My Legal Manifesto: No Pro Bono, No Low Bono. Just Racks on Racks on Racks!

1. Nurse License Defense is right there with Criminal Defense and Family Law with the emotional stress, strain, and the wear and tear.  

There is no way in hell I would do this just to do it. This is my passion but I would never compromise my ethics by taking a case pro bono or low bono as a license defense attorney. Please explain, LaTonia because pro bono is all about service to others and the ethical responsibilities and moral underpinnings of the law as a profession.

Helping nurses is my passion and license defense is my mission but I also need gas money. 

Also I am working with nurses over an extended period of time and usually for years. I have nurse license defense clients I have worked with since the early years of  my solo practice, 2001 to 2004.

I am on board with my nurses until:

a. They fire me;

b. I fire them; or

3. Attorney or Client dies. 

It is written this way in my flat fee legal service agreement. 

When you see an end in a license defense case, it is a visual hallunication directly related to 4-6 hours of sleep M-F, alternating coffee and Pepsi q2 hours until 2am, and/or you failed to clean your eye glasses. 

This is why I would NEVER take a pro bono or no low bono nurse license defense case. Its a professional relationship and I am on your team throughout your nursing career after you retain me and I cannot do this unless there is monetary compensation for me. Sorry!

Show me the green or swipe your credit/debit card, baby!

Racks on Racks on Racks!

I don't know the lyrics but I love the beat to this song!!

Racks on Racks on Racks!

2. Do you as a nurse work for free?

Probably not, so please don't ask me as a nurse and an attorney to work for free for you?

If you are a nurse and you work for free, send me your CV as I would LOVE to have you assist me in my law practice. I will even tip you.  

3. RNs average $25-$35.00 an hour or more. Would you work for $9.99 an hour as a RN? Probably not, so please don't ask me as a nurse and attorney to take your nurse license defense case for a flat fee of $500.00 or try to low bono me.

4. LPNs, RNs, and APRNs are not the underserved populations you think of when you think pro bono legal services. Sorry.

5. When the American Nurses Association publishes a pro bono guide for RNs (vetted and recommended by the ANA House of Delegates) suggesting nurses provide 50 hours of skilled nursing care for free and it becomes a part of Ohio Nurse Practice Act and the Ohio Board of Nursing regulations, text me on my cell at 513-604-9330 and say  "LaTonia will you defend me to the end for a tube of lip gloss, a case of Pepsi, and a turkey burger/fries with a strawberry lemonade from Ruby Tuesdays."   I will text you back and say "you got yourself a lawyer. Now what is your name and what is your alleged action or inaction?"

Nursing Law & Order is Seeking Four Nurses to serve as Regular Contributors

Seeking Freelance Nurse Authors to serve as Regular Contributors

I am seeking four freelance (hint: 1099) nurses to serve as the regular contributors for a monthly publication.  

Each nurse author will be paid a flat fee for a 500 word article with web references. The regular contributor will have his/her name listed as the contributor for the piece and will be able to include a short bio with his/her contact information including email address.  There are several benefits to being the regular contributor for these column including opportunities for professional growth and development.

 The monthly publication is not a nursing journal. Therefore the writing style required is  somewhere between a nursing blog and a nursing magazine.

Nursing Law & Order: Criminal Intent™

* This column will focus on forensics and criminal law with a nursing and healthcare twist.

Author Qualifications:

* RN, BSN with at least 5-10 years direct care experience;

* active nursing license in any state; and

* law, legal, or forensics education, experience, training, or interest preferred.  

* RN/JD, LNC, Nurse Paralegal or RN law student encouraged to apply.

Nursing Law & Order: KVO™

* This column will focus on the latest and most current news and professional practice matters facing nurses.

Author Qualifications:

* RN, BSN with min. of 5 years direct patient care experience;

* active nursing license in any state; and

* diverse nursing background, training, and experiences in a variety of healthcare settings.

Nursing Law & Order: NPO™

* This column will focus on addiction, substance use and abuse as well as recovery, relapse, and return to work issues for recovering nurses.  

Author Qualifications:

* RN, BSN disciplined by the State Nursing Board and/or who has completed a Nursing Board Alternative to Discipline Program for Chemical Dependency. Disciplined nurses encouraged to apply;

* has at least 5 years of sobriety;

* has a active nursing license; and

* has returned to nursing practice providing direct patient care.

Nursing Law & Order: Scoped Out™

* This column will focus on practice and trends for those of us with the broadest scope of practice and possibly the most potential for liability: APRNs.

Author Qualifications:

* APRN with at least 5 years of direct care experience as a APRN;

* active nursing license in any state; and

* diverse RN background, training, and experiences in a variety of healthcare settings and roles.

How to Apply?

If you are interested in being the regular contributor for one of the columns above, please send the following as attachments by email [RE: Nursing Law & Order Contributor] to Tina, my virtual assistant at [email protected]  (you can copy me on the email at [email protected]) by May 16, 2011: 

1. an updated resume/CV;

2. writing sample or journal publication;

3. a copy of your State Nursing Board license (just print it from the Board website); and

4. a cover letter detailing why you are interested in being a regular contributor for the column and what skills you bring to the role.

Additional information will be made available. Thank you for your interest. If you have questions, you can email me at [email protected].

Nursing Bermuda Triangle: Educational & Legal Self-Help Service for Nurses™

Although these are tough economic times nurses need legal counsel and advise AS issues arise.

You know me and my need to offer "bespoke" legal services for nurses. This isn't the End of This Lawyer; Just the Beginning.  

http://www.ignitelaw.com/2011/03/bespoke-legal-services-in-an-off-the-rack-culture/

http://myshingle.com/2011/01/articles/myshingle-solo/ten-solo-and-small-law-firm-trends-2011/

http://www.susskind.com/endoflawyers.html. By the way, I love this book!!

This is why I am offering an Educational & Legal Self-Help Service for Nurses™.  The cost is $500.00.

Never boilerplate just bespoke here because:

1. You pay for the service;

2. You tell me what are your practice and legal issues;and

3. We develop the content for you.

* Don't know what you don't know. We can brainstorm by phone and/or email first.

* Have documents you can't make sense of but you know are important because its from the State Nursing Board?

* Need email consultative services.

* Need a legal opinion.

The service includes a 30 minute telephone or video teleconference with me to review the content with you and discuss your practice, situation, or matter. It may also include articles, podcasts, etc. depending on your comfort with technology. I can also point you in the right direction if you need legal services from a licensed attorney in your state or jurisdiction.

Nursing school and nursing practice does not prepare nurses IMO for strategies to address the Nursing Bermuda Triangle: The Application of Nursing Law, Ethics, and Professional Standards in the Nursing Workplace.  

http://www.ncbi.nlm.nih.gov/pubmed/18524302

This is another service offered to nurses across the country. This service will be expanded in the near future to include other benefits.

Stay tuned because there will be additional products and services rolled out this year along with a redo of my blog and website.

Bespoke baby Bespoke!!!!!

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

 

 

Please do not retain me as your nurse license defense lawyer if......

Don't retain my services if you want:

1. A lawyer to tell you did nothing wrong and the Nursing Board Complaint is 100% factually and legally invalid;

2. A lawyer to tell you what you want to hear about your nursing practice;

3. A lawyer who allows the professional attorney-client relationship to become social, like a "Girls Night" or too personal. Like EPMD, I am Strictly Business when it comes to nurse license defense and the practice of law.

http://www.youtube.com/watch?v=a4LVRg_TNZo&feature=related

Don't get me wrong. We are involved with our clients but it is a professional relationship with personal aspects of involvement of course. You get enough personal about me on this blog don't you???

Also I don't subscribe to "mixing of personal, professional, and business" social media accounts like facebook, twitter, etc. that some of the marketing and social media consultants suggest.

http://www.jeffkorhan.com/stand_out_in_your_market_/2011/02/business-relationshiops-are-personal.html

http://www.jeffkorhan.com/stand_out_in_your_market_/2010/11/personal-vs-professional-social-media-accounts.html

Its all business for me with a personal twist here and there. Sorry but I am old school and not changing here because there are way too many issues with boundaries, ethics, and conflicts of interest when you become friends with your clients; afterall it is a professional relationship and it is a professional relationship for a reason.

4. A lawyer who just holds your hand and tells you its going to be okay;

5. A lawyer who does not ask questions and then more follow-up questions and then asks for documents, records, and other correspondence including but not limited to your first grade picture;

6. A lawyer who believes everything you say is 100% factually accurate and the Gospel, just because you said it;

7. A lawyer to tell you what you want to hear about your case;

8. A lawyer who allows you to run the case and the defense; its your license and its your case but we work together;

9. A lawyer who will not call you on your bullshit;

10. A lawyer who will not question you because:

A.  a APRN; I have a apron also.

B. You are doctorally prepared (to give enemas);

C. You have a three lines of certifications and degrees behind your name including but not limited to FAAN; I have a fan in my home office and I plan to buy one when I receive my tax refund for my real office.

D.  You are older than me. I am 39 y/o. If you want a boomer lawyer your age then find one;  

E. You are married to, dating, shacking, and/or fracking a physician, lawyer, and/or dentist?

10. A lawyer who you can spin; I have been doing this a while, no spinning.  

I am your Lawyer not Your friend. I don't do boilermakers: mix personal and business

Okay, here it is folks. I am a nurse and therefore I will do whatever I can for any nurse (if you pay me).

The attorney-client relationship is a professional relationship. Its not a personal relationship like a friendship.

I love what I do for a living and it is my passion but I maintain boundaries between my law practice clients, my professional nursing and colleagues, and my personal life.

What are professional boundaries?

http://www.andrewskurth.com/pressroom-publications-SetYourProfessionalBoundaries.html

I was always told you shouldn't mix light and dark liquor, you shouldn't mix beer and liquor, and do boilermakers and therefore I apply the same principles to my professional and personal life.

http://en.wikipedia.org/wiki/Boilermaker_(beer_cocktail)

My stomach turns when I read law practice management and marketing articles which encourage lawyers to be "friends" with their clients to increase sales, etc. Guess what? Being friends with a client IMHO causes you to lose your objectivity and to get too personal, emotionally invested, and lose sight of your professional obligations to a client.

I know alot about professional boundaries. Guess what if you have a professional boundaries complaint before the Nursing Boards in OH, KY, and/or IN, you should think about hiring me.

https://m360.centerforamericannurses.org/event.aspx?eventID=7426

http://www.nursingcenter.com/library/JournalArticle.asp?Article_ID=680674

http://www.nursingcenter.com/library/JournalArticle.asp?Article_ID=633454

http://www.americannursetoday.com/article.aspx?id=4686&fid=4662

http://advocatefornurses.typepad.com/my2cents/files/KYNurseprofessionalboundaries.pdf

http://www.spsscs.org/meeting2009/program.php

Also, why I may adore you as a nurse and as a client, you are paying me for a service not to be your friend, right? Do you pay someone a friend thousand dollars to be your friend? I would hope not.

More importantly because I am your lawyer, not your friend, I tell you things you may not want to hear about your case, your nursing practice, or your nursing company. But that's my role as your lawyer; I am not your friend.

I am not being mean but I am giving it to you directly in a world of political correctness and "friending" as one dually licensed professional to another licensed professional.  

The Liquor Store: Unemployment Compensation, Nursing Schools, and the Saturation of the Employment Market in Nursing

This is not legal advice because no one paid me to say this but:

 1. If you are a LPN, RN, or APRN and you were terminated from your employment with a healthcare organization, consult with a nursing law attorney BEFORE you apply for unemployment compensation benefits. 

2. By a consult, I mean pay for 30 minutes to 60 minutes of the nursing law attorney’s time and provide the attorney with your documentation to review. This is not the sixty second call you have with a nursing law attorney and the attorney is typing, eating, and listening to a podcast while taking your frantic call.  

3. Why? If you were terminated from your job and you are awarded benefits, your former employer may contest the award. I think someone in HR screams “1, 2, 3, 4, I Declare War” then the healthcare organization receives notice of a former nurse employee request for unemployment compensation benefits. http://boardgamegeek.com/thread/65396/i-declare-war. I loved this game as a kid. I grew up in a very competitive household and this game along with monopoly always resulted in a shouting match, fist fight, profanity (I learned early), or a promise for a rematch for the “title.” 

4. Why? If you terminated from your job, you may or may not be reported to the State Nursing Board if you are in a mandatory reporting state. You won’t know you are reported until you open the mail and “claim your prize” or you receive a phone call from the State Nursing Board.  

5. I had to calm a nurse down by phone yesterday who opened her mail and “claimed her prize.” I opened my own mail two weeks ago and “claimed my own prize.” I am 0.75 CLE short on my Ohio law license renewal. I have to pay $110.00 and take a one hour CLE class by April 31, 2011. This blog is Nursing Law & Order, not Nursing & Law Disorder, so I plan to take my CLE online this evening and mail the check and my CLE transcript in the morning. Yes, I know its horrible and that’s why my walkie talkie handle is the Nursing Law Bandit. http://en.wikipedia.org/wiki/Walkie-talkie. 

6. The interplay of unemployment compensation benefit appeals and procedures and State Nursing Board complaints is something I am seeing in my law practice over the last 2 years. I used to handle unemployment comp. cases (years and years and years ago) and this is where I “cut my teeth” (learned the ropes) with telephonic hearings. 

7. It is a tough job market out here for nurses in certain areas and the proliferation of nursing schools and colleges does not help. Nursing Schools are the new pills mills like law schools. http://thirdtierreality.blogspot.com. 

8. Let’s see there are LPN, RN, RN to BSN, LPN to RN, BSN, MSN, post-MSN, and doctoral programs, schools, and colleges in nursing. Just in the Greater Cincinnati area, there are maybe 20+ programs. You can open a nursing school faster than you can open a liquor store in some states IMO. Nursing Schools are on every corner in some cities like a Pony Keg selling cigarettes, beer, and lottery tickets. Come here and get your nursing education; it is on sale for $35,000.00. http://www.ehow.com/how_4549219_open-drive-through-pony-keg.html.

9. The proliferation of nursing schools and programs across the states result in more and more new grads, new nurses, and not so new nurses competing for the same jobs. This IMO prompts more nurses who are termed from a HCO to apply for unemployment compensation benefits because you don’t know if you are going to get a job. It is not like it used to be when you could get fired today and start working somewhere else on Monday. The nursing employment market (in some areas) is more saturated than my 2 y/o niece’s Pull-Up at 7am.  

10. I attended a nursing function a few months ago and I was asked “where do you practice?” I replied “in a law firm, I am a nurse license defense attorney.” The nurse, who happened to be a “nurse educator” said “Oh, you represent those nurses in the Momentum.” The Momentum is the Ohio Nursing Board newsletter. I replied where you do you practice? She said “Proprietary XYZ Nursing School, Nail Tech, and Plumbing Program.” I said “Oh, you are educating those nurses in the Momentum.”

 11. Most nurses are repping themselves in the investigation of the State Nursing Board complaint as well as the unemployment benefits compensation process. This is a NO-NO.  Guess what? You may be excited and ready to fight the first 5 weeks but guess what you will move on after 2 months and this is the point where your former employer, the HCO has declared war and is ready to fight you to hell and back for those benes, baby. 6 months to 9 months later you are going to say WTF was I thinking? I don’t have the time and energy for this shit. Also you cannot be objective when you represent yourself. You just cannot.  Find an attorney who handles admin. law cases like workers comp and SSDI to represent you in an unemployment comp. matter. I am not taking unemployment comp. cases now because my nurse license defense practice is busy; but I may have to hire a Virtual Paralegal and start taking these cases again. Unemployment comp, workers comp and license defense are all administrative law practices. 

12. Don’t have your unemployment comp. lawyer rep you before the State Nursing Board unless the attorney has experience with this niche. Yes it is all admin law but guess what? I am a nurse license defense attorney and I can take an unemployment comp case but I would not take a SSDI or workers comp. case because I don’t have experience or even an interests in these areas. 

13. If you want to play around and represent yourself, do so in traffic court. You can follow behind me when I am driving to Columbus, Indy, Lexington, or Louisville and I am sure you will get a ticket. The State Patrol are out this month!!!! You can appear and represent yourself there. But don’t do the monkey in an unemployment compensation case and a Nursing Board complaint investigation case.