Nursing Law & Order

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.

Chemical Dependency Counselors and Mental Health Therapists: Please stop giving legal advice to nurses and stay in your role!

I don't want to be confrontational but okay here it goes, again. http://advocatefornurses.typepad.com/my2cents/2009/06/bootleg-attorneys-chemical-dependency-counselors-therapists-and-evaluators-giving-legal-advice.html

I don't pretend to have the education, credentials, or skills to provide mental health or substance abuse counseling to nurses so why is it that I am finding that more and more mental health therapists and substance abuse counselors want to give legal advice to nurses involved in a State Nursing Board complaint, investigation, and hearing.

Please stay in your role and stick to what you were trained to do.  Your focus is TREATMENT.

Something you see as "simply" a "self-report to your State Nursing Board and appling to the State's Alternative to Discipline Program" is usually much more complex especially if there is criminal or if the nurse is licensed in more than one state.

If you didn't know it then I will tell you: you are not a license defense attorney so stop trying to be one and operate within your job description. Does the position description of a mental health therapist or substance abuse counselor with Progam X or Program Y include providing legal advice and counseling to nurses? I don't think so, pumpkin.

Your recommendation to self-report and apply to the State Nursing Board alternative to discipline program for chemical dependency is "legal advice." Don't stop now. Can you then counsel and advise the nurse on the pros and cons and short-term and long-term legal implications of this decision?

I know you are really only trying to help but if you really want to help suggest to the nurse that she/he really needs to consult with or retain an attorney to navigate the maze of licensure, career, criminal, educational, credentialing/privileging, regulatory, and employment issues involving substance use and abuse disorders or dual diagnosis.

I also love it when someone prefaces the advice with "I am not a lawyer and this ain't legal advice but this is what Nurse A, Nurse C, Nurse D, and Nurse E our program did...."

I will tell you what my buddy Jack Stem told me his role as an OSANA peer advisor is: to save the life of a CRNA struggling with addiction, not to save a career or license. This was debated and discussed at a AANA meeting this year and it was stated of the role of a State Peer Advisor is to save the life of a CRNA struggling with addiction.

Let me add, its the role of a license defense attorney to address the career and licensure issues, NOT a chemical dependency counselor or a mental health therapist. If you really want to help the nurses in your program suggest that they contact a license defense attorney and stop enabling them by giving bootleg and bootstrapped legal advice.

 

Hot Mama will "Just Say It": having a nurse license defense attorney objectively evaluate your case and situation.

Sometimes (okay actual alot) when you are a license defense attorney you have to just say it. My role as a license defense attorney is represent, counsel, and advise and sometime I just have to say it.

I tease my two of my nephews (Jakael and James) and tell them they have to call me "Hot Mama." They call me "Nain-Knee" because when they were little they couldn't say "auntie." They call my mom as "Big Mama." I will tickle them until they call me "Hot Mama." Now, when I ask them jokingly what's my name, they will look at each other, laugh, the other will say "just say it" and both will say "Hot Mama." They just say it. With Christmas approaching I think I will have them call me "Sugar Mama." 

Saying it ain't easy because its not what clients (RNs, LPNs, APRNs, nursing students, nursing school grads, prospective nursing students, etc.) want to hear. But in a professional services relationship (compare and contrast with a personal relationship like a friendship) that's what I am being paid to do: just say it.

I can swim, dance, sing, and play around with it but bottomline I just have to say it. I can preface it will potential outcomes and possibilities but I still have to just say it. Nike says "just do it" and that's what's up but if you are involved in a State Nursing Board complaint or if you are a nursing student who will respond in the affirmative to one or more compliance questions on the State Nursing Board App. for Initial Licensure by Examination, you need an attorney to "just say it"!

I met with a client last month and I actually felt a pang in my chest when I said it. This is one of the most serious cases I have seen in my 9 years of license defense practice involving a nursing school graduate when evaluating the person's suitability for license and prospects for employability.

I said it because it was my role, my job, and my professional obligation as an attorney but I felt a pang in my chest. I really do care about my clients and nurses in general.

I also spoke with a nursing school graduate who appeared before a State Nursing Board and was denied a license because he/she was told by the Board that his/her criminal convictions indicated a "pattern" of misconduct and criminal behavior. This individual looking at his/her own situation didn't see this and proceeded to complete the application for initial licensure and appeared before the Board without any attorney representation IMO totally unprepared and oblivious to the Board perspective when evaluating suitability for licensure.

So what am I saying? Just say it.

If you are a nursing student or considering nursing school, I am going to tell you what your nursing program won't or can't tell you and you don't need to spend tens of thousands of dollars with me.

I will accept a check for tens of thousands of dollars however from you:) Actually I attended an Ohio League for Nursing CE on Competency in Nursing this week at the Greater Cincinnati Health Council and I mentioned this to a nurse educator also from a local nursing program.

If you are considering nursing school or you are currently enrolled in nursing school, PLEASE do the following:

1. Decide where you are planning to sit for a license once you graduate from nursing school;

2. Print out a copy of the State Nursing Board Application for Licensure by Examination. Review the Compliance questions on the Applications to see if you need to make ANY affirmative disclosures.

Ohio Board of Nursing

See

http://www.nursing.ohio.gov/PDFS/Forms/Exam%20App%20Packet%2010.2010.pdf. Take a look at page 5.

Indiana State Board of Nursing

See http://www.in.gov/icpr/webfile/formsdiv/50024.pdf. Take a look at page 2.

Kentucky Board of Nursing

See the Board website at http://kbn.ky.gov/license/.

3. If you are required to disclose any AFFIRMATIVE answers on the application and I mean ANY, schedule an appointment with a LICENSE DEFENSE ATTORNEY asap, like today.

a. You think you might to need to disclose but you ain't sure, call a license defense attorney.

Most attorneys may charge for a consultation but what's a few hundred for a consultation vs. tens of thousands of dollars for your nursing education vs. hundreds of thousands of dollars in lost income related to restricted employability over a 10-30 year nursing career?

I charge $150.00 for a thirty minute consultation. $250 for a 60 minute telephone consultation or a 60 minute in-person meeting. See http://www.nursing-jurisprudence.com/legalconsultations.html. Its actually more economical and a great return on your investment (ROI) to consult with an attorney? Who would have thunk it?

4. If you are planning to apply for a license by examination with the Ohio Board of Nursing, Indiana State Board of Nursing, or the Kentucky Board of Nursing, I can assist you. I am licensed to practice law in Ohio, Kentucky, and Indiana. Call my office to schedule either an in-person or telephone appt. with me at 888-571-1110 and you don't have to call me Hot Mama and I will just say it because its what you need to hear to realistically evaluate your options and decide how to proceed.

5. Don't believe what your nursing school program or instructors tell you about your chances of licensure and employability. These folks mean well but they are not a nurse license defense attorney and its not their job or role to evaluate your suitability for license and your employability. Don't get me started on folks needing to stay in their role and job description!  That's another post.

6. Don't spend 15k to 45k on a nursing school education on the hope, prayer, or expectation that you will receive a restricted or unrestricted license without receiving some legal advice and counseling.

I know your mom, spouse, friends, family members, instructors, etc. are telling you it will be okay (I can call my mom right now and say "mom I robbed an elderly woman of her bingo money last night but I didn't use a weapon, she wasn't injured, and a wore a mask" and at some point in our very long 10 hour conversation she will say "honey its going to be okay") but sometimes "its going to be okay" just ain't enough. 

Extreme example but you get my point. That's what "they" are supposed to tell you (even if they are really thinking you are fracked) because its not their job or role to REALLY provide you with objective advice and counseling.   

7. There is a tendency to review your own situation with rose-colored glasses and to only see the "good" and rationalize the situation. http://www.answers.com/topic/rose-colored

Me, its my role and job to "just say it" because that's what you pay me to do, right? You want to know the good, the bad, and the ugly about your case. Consult with an attorney to objectively evaluate your case and your situation in you have a State Nursing Board complaint and especially if you are a future NCLEX RN or LPN Applicant this includes your suitability for licensure and employability.  

 

Digging a Ditch in a State Nursing Board case: Are you in the trenches and headed towards Middle Earth?

This has been an interesting week at the law office of LaTonia Denise Wright, LLC. I had two nurses ask if we would accept post-dated checks for representation. http://en.wikipedia.org/wiki/Post-dated_check

I cannot accept post-dated checks to retain my services and start to work on a State Nursing Board case. Why?

1. If the check doesn't clear, I will only withdraw from representing you immediately;

2. If the check doesn't clear, I bank at 5/3 which assess a $35.00 fee to my account;

3. If the check doesn't clear I will be plenty p*ssed because I know better than accepting a post-dated check to initiate a professional services relationship;

4. I am not a pay day loan center;  http://en.wikipedia.org/wiki/Pay_day_loan

5. You can retain me when you have the funds;

6. The last time I accepted a post-dated check (4 years ago) I lost the check and I am superstitious:)

7. Its bad business to start a professional relationship with a promise of payment in the future.

Both of the cases where the nurses wanted to pay me with a post-dated check were SERIOUS cases with the Ohio Board of Nursing. The nurses needed representation, counseling, and advising YESTERDAY.

We suggested in both cases that the nurses retain us:

1. when the funds are available; 

2. borrow the funds from a check cashing service, friend or family member or tap into your life insurance, 401K, 403B, etc.; or

3. Ask a friend or family member if you can charge the fee on their credit or debit card.

If you didn't know I will tell you: legal representation, counseling, and advising is a must in some State Nursing Board cases.

Don't believe the hype on allnurses.com and other nursing chatrooms, forums, and boards that you can "rep yourself" with ease before the State Nursing Board. It ain't all cut and dry or all black or white and if you could rep yourself with ease then before the State Nursing Board then there wouldn't be attorneys like me who limit their practice to representing nurses and healthcare professionals in healthcare regulatory board investigations, hearings, and post-discipline matters. http://en.wikipedia.org/wiki/Don't_Believe_the_Hype

State Nursing Board cases are becoming more and more complex depending on the issues involved and navigating the process and procedure alone can be cumbersome. If you are in ditch, you can keep digging in and go deeper and deeper in the trench until you hit Middle Earth. http://en.wikipedia.org/wiki/Middle-earth. Go Frodo!

Or you can seek assistance (whether its legal, spirtual, financial, emotional, mental health, medical, etc.) and climb out of the ditch and get back on the road. You always have a choice and its a decision you have to make. Decide who you need on the team of "you" and move forward.

This isn't a fairy tale and I ain't Cinderella: Is this your 2nd, 3rd, or 4th State Nursing Board Complaint?

I met with a client in Shelbyville, Indiana on Sunday (and took my lovely grandparents and my husband to lunch at the Indiana Live Casino), Jack and I met with a client and her mother on Tuesday in Westerville, Ohio, and today I am meeting with clients in Lexington, Kentucky. No speeding tickets, no speeding tickets. I am road warrioring it this week, baby.

Today is Oct. 1st and last month was a busy one in my law practice. I am seeing more and more cases with nurses who have been investigated more than once by a State Nursing Board.

Just a little practical information here:

1. If you have been reported to the State Nursing Board more than once, then you need to re-evaluate your nursing practice, your behavior, and the environments where you practice. You need an objective evaluation of your nursing practice to answer why and what's up.

2. If this is your 2nd, 3rd, or 4th State Nursing Board complaint, you need legal representation. Seriously. Don't try to wing it with online nursing chat rooms and reviewing info from the State Nursing Board website. You should have retained a lawyer yesterday.

3. If this is your 2nd, 3rd, or 4th State Nursing Board complaint make sure you tell your lawyer this VERY IMPORTANT fact initially. Just say it and practice saying it now with me.

Hi Lawyer, this is my 2nd State Nursing Board complaint and I would like to retain you.

Hi Lawyer, this is my 3rd State Nursing Board complaint and I need you now.

Hi Lawyer, this is my 4th State Nursing Board complaint and I needed you yesterday.

I get upset when I am representing someone and I find out from State Nursing Board staff this is the 2nd, 3rd, or 4th complaint against this nurse. I fire these clients or request an additional true retainer.

Maybe I need counseling and long-term therapy because I have an issue with liars and being lied to as a lawyer. I guess I shouldn't because its not my license on the line when I am lied to repeatedly by a client but it urks me to no end. There are soooooo many other folks you should lie to besides your LICENSE DEFENSE LAWYER who is defending your golden ticket to opportunity i.e. your state nursing license.

Its human nature to lie or put a spin on the truth. What's the truth anyway right? Please. See this post.

http://advocatefornurses.typepad.com/my2cents/2009/07/dishonesty-deceit-and-deception-my-name-is-a-i-am-a-nurse-and-i-am-a-liar-.html

Personally, I love and respect my clients who said "LaTonia I f*cked up and I know it! Now where do we go from here?" Now that's what I am talking about! Keeping it real, putting it out there, being brutally and painfully honest and being accountable for one's actions or inaction professionally and assuming responsibility. But this isn't a fairy tale and you ain't Cinderella, right?

4. If you hire a lawyer be honest with your lawyer. There are plenty of other folks you can do the deception, dishonesty, and deceit cat and mouse games with  like your husband, wife, significant other, kids, friends, family members, collegues, counselors, therapists, etc but not with your lawyer. Please not your lawyer! Don't tell me what you think I want to hear. This doesn't help you and its certainly doesn't help me represent, counsel, and advise you.

5. One complaint can be anything, two complaints could be something but three or four complaints or more could, maybe, or might suggest a pattern. Don't kid yourself. If you are currently being investigated by the State Nursing Board and this isn't your first complaint, here is your sign.

Okay, I feel better just writing this! This blog is my kind of therapy: cheap and available 24/7.  

If you want to represent, counsel, and advise and otherwise be a lawyer: Please go to law school

See http://news.cincinnati.com/article/20100922/NEWS0103/9230343/-Lawyer-Fulmer-lacks-license.

You can also expect to see a number of felony charges against this guy related to him charging for legal fees.

Personally, I am so tired of folks without a law degree and a state license giving legal advice and counseling others. This guy even took it a step further and actually represented clients before the Court.

He may not be a lawyer but he is going to need a criminal defense attorney to handle the criminal case and to represent him before the Kentucky Bar Association. He may also want to get three full-time jobs now because I am sure the KBA is going to hit him with thousands of dollars in fines in the administrative investigation and adjudication. This doesn't even include the civil suits that are coming from his "former clients."

NCLEX-Applicants and Criminal Charges and Convictions: Did you put your foot in that potato salad!

I have said it multiple times here on this blog and I will continue to say it until I am blue in the face but if you graduated from a LPN or RN training program, there is no guarantee you will receive a license if you have criminal convictions.

What should you do?

If you have criminal convictions and you are graduating from a LPN or RN program, contact a nurse license defense attorney in your state before you submit your application for licensure to the State Nursing Board.

Moreover if:

1. You have to appear before the State Nursing Board r/t to suitability for licensure, i.e. you answered in the affirmative and the Board wants to speak with you;

2. You must meet with State Nursing Board investigators or staff to further discuss your situation; or

3. You are contacted by an attorney from the State Nursing Board related to your application

maybe you need to retain an attorney now instead of waiting until your application for licensure is DENIED. Yes, the State Nursing Board can deny your license and then afford you with a hearing.

Applying for a nursing license with a criminal conviction(s) even misdemeanor can be grounds for the denial of your application for licensure. Retain an attorney who can evaluate your situation and case objectively.

Okay what does NCLEX-Applicants and criminal convictions have to do with potato salad.

Who made the potato salad? You need to watch this movie, its one of my favorite comedy's after Friday with Chris Tucker. I laugh because honestly this is a question asked (even if its whispered) at most of my family and/or friend functions. http://www.imdb.com/title/tt0452706/

I attended a picnic the other day and my cousin remarked "whoever made the potato salad put her foot in it."

Now, my first impression being the nerd I can be at times, was how nasty! I thought to myself I knew I shouldn't have tasted any of the potato salad because everyone can't make potato salad. Buying potato salad from Kroger's, Biggs, Walmart, Sam's, other another grocery and adding items "isn't making potato salad" where I am from, sorry!

Then I had to consider the context because I didn't have my urban dictionary with me and it meant the potato salad was good. http://www.urbandictionary.com/define.php?term=put%20your%20foot%20in%20it

I tasted it and it was dry. How in the hell do you make dry potato salad? As I said not everyone can make potato salad and I don't eat everyone's potato salad, sorry!

If you make potato salad then you know you really need to know what you are doing to get the taste you want. You can't fake the funk with homemade potato salad. http://www.urbandictionary.com/define.php?term=fake-the-funk

Damn the measuring, you need to know how to cut, dice, mix, boil, peel, and add seasoning to get it just right. You have to go for what you know when you make potato salad! That's why its so difficult to make really good and creamy potato salad. I can "make" potato salad. Its a badge I wear proudly, thank you very much.

You don't know if something just ain't right with the potato salad really until the end. The same with licensure with some State Nursing Boards as the Board may not review your suitability for licensure until you graduate from school and submit your application for licensure. You stepped in something mushy and it has a smell: its potato salad.

Some will say I got into nursing school, I didn't have any BIG issues with clinicals and therefore I know I am in the home stretch with obtaining a license from the State Nursing Board. You really put your foot in the potato salad if you proceed on the blind assumption that you will obtain a RN or LPN license even though you have a felony and/or misdemeanor conviction(s) just because you were accepted into a nursing program. Speak with a nurse license defense attorney in your State if you have criminal conviction(s) and you are considering nursing school or if you are in a LPN or RN program. Remember the potato salad.  

A Legal Webinar for Nurses: Top 10 Documentation Disasters in Nursing: Monday, Sept. 20th at 4pm

I am presenting a series of legal webinars for nurses for the remainder of this year. The webinars will take place on Mondays.

We are also planning our webinar topics for 2011. If you have suggestions on webinar topics for 2011, please email those to me at [email protected].

The first is Top Ten Nursing Documentation Disasters on Monday, Sept. 20th from 2pm to 3pm ET. See http://nursing-jurisprudence.com/septlegalwebinar.html

The cost of the webinar is $30.00.

Top Ten Nursing Documentation Disasters

Join us for a Webinar on September 20 Space is limited. Reserve your Webinar seat now at: https://www1.gotomeeting.com/register/866369824 This 60 minute webinar will discuss legal issues and pitfalls associated with nursing documentation. Participants will learn the legal requirements for documentation of patient care and the potential legal ramifications of inappropriate or incomplete documentation. Although nursing documentation seems less critical than other client-centered tasks, documentation is essential in everything from planning the best patient care to defending a nursing malpractice lawsuit or preventing a State Nursing Board complaint. The presenter is LaTonia Denise Wright, RN, BSN, JD. Ms. Wright is an Ohio licensed RN and a licensed attorney in Ohio, Kentucky, and Indiana. She is an attorney in private practice in Cincinnati, Ohio. Her law practice involves representing, counseling, and advising nurses in State Nursing Board matters. The cost of the webinar is $30.00. No CE credit is provided. The webinar consists of a 45 minute presentation followed by a 15 minute question and answer period. Title:   Top Ten Nursing Documentation Disasters Date: Monday, September 20, 2010 Time: 2:00 PM - 3:00 PM EDT After registering you will receive a confirmation email containing information about joining the Webinar. System Requirements PC-based attendees Required: Windows® 7, Vista, XP or 2003 Server Macintosh®-based attendees Required: Mac OS® X 10.4.11 (Tiger®) or newer

Top 10 Nursing Documentation Disasters webinar on Monday, September 20, 2010 at 4pm

I am presenting a 60 minute webinar each month of legal issues facing nurses. The September webinar will focus on my Top 10 Nursing Documentation Disasters with an emphasis on State Nursing Board complaints and workplace corrective action plans or terminations arising from these documentation issues.

The cost of the webinar is $30.00 for a 60 minute presentation.

No CE credit is provided.

Why would you attend then if there is no CE? Risk Management: to assist you with managing the legal risks inherent in your nursing practice.

 See http://nursing-jurisprudence.com/documentationwebinar.html to pay for the webinar.

You can register below at:

 

Top Ten Nursing Documentation Disasters

Join us for a Webinar on September 20 Space is limited. Reserve your Webinar seat now at: https://www1.gotomeeting.com/register/866369824 This 60 minute webinar will discuss legal issues and pitfalls associated with nursing documentation. Participants will learn the legal requirements for documentation of patient care and the potential legal ramifications of inappropriate or incomplete documentation. Although nursing documentation seems less critical than other client-centered tasks, documentation is essential in everything from planning the best patient care to defending a nursing malpractice lawsuit or preventing a State Nursing Board complaint. The presenter is LaTonia Denise Wright, RN, BSN, JD. Ms. Wright is an Ohio licensed RN and a licensed attorney in Ohio, Kentucky, and Indiana. She is an attorney in private practice in Cincinnati, Ohio. Her law practice involves representing, counseling, and advising nurses in State Nursing Board matters. The cost of the webinar is $30.00. No CE credit is provided. The webinar consists of a 45 minute presentation followed by a 15 minute question and answer period. Title:   Top Ten Nursing Documentation Disasters Date: Monday, September 20, 2010 Time: 2:00 PM - 3:00 PM EDT After registering you will receive a confirmation email containing information about joining the Webinar. System Requirements PC-based attendees Required: Windows® 7, Vista, XP or 2003 Server Macintosh®-based attendees Required: Mac OS® X 10.4.11 (Tiger®) or newer

Potential Nursing Students, Nursing Students, and NCLEX-Applicants: That's a Fact Jack!

Schools and colleges of nursing may be prohibited from inquiring into criminal convictions, mental health, and substance use treatment.

But guess what? The State Board of Nursing in some states can and do inquire into criminal convictions, mental health and/or substance use and abuse. The application to practice law is even worse, you have to disclose EVERYTHING including traffic tickets, civil cases where you were a plaintiff or defendant, and late credit card payments.

Where you are planning to apply for a license as a RN or LPN?

1. Take time now and review the State Board of Nursing Application for Licensure by Examination.

2. Do you affirmative responses? Yes or No. There is no maybe.

3. If you have affirmative responses, you need to speak with a nurse license defense attorney in the State where you plan to apply for a license. See www.taana.org.

That's a fact, Jack! Its called personal accountability and responsibility. Don't rely on "oh its going to be okay" before investing tens of thousands of dollars and countless hours in your nursing education.

Actually, I am waiting for a lawsuit to be filed by a Nursing School/College graduate in the State of Ohio related to this issue because its coming. You heard it hear first. We live in a very litigious society and the nursing students of today are not the nursing students from the 70s, 80s, and 90s (I graduated in 1993 and 1994).

I think we are going to see a civil law suit against a nursing school/college where a nursing school graduate was unable to retain a license or obtained a restricted license which impaired the graduate's employability. Its coming and my office is going to follow the case and report everything on this blog in real time. I like to gamble so let's bet $1.75 that a lawsuit will be filed in the next 2-3 years.  

Gone are the days where you can submit an application with multiple affirmative responses and still receive an unrestricted license to practice nursing. This is significant because I think prospective nursing student and current nursing students need to be aware of this very important fact. The Board of Nursing exists to protect the public from unsafe nursing care and if you are disclosing affirmative responses in your Application for Licensure by Examination with a State Nursing Board, there is a chance you:

1. May receive an unrestricted license;

2. You may receive a restricted license or a opportunity to contest the restricted license at a hearing;

3. You may be asked to w/d your application and reapply later or have an opportunity to contest this at a hearing; or

4. You license may be denied and you will have an opportunity to contest this decision at a hearing.

How do you know if this is going to be an issue for you? Speak with a nurse license defense attorney in the State where you plan to practice nursing. See www.taana.org.

If you are attending a nursing school or college now, you are planning to apply for a license with the Ohio, Kentucky, or Indiana State Nursing Boards and you have criminal convictions, you need to speak with a nurse license defense attorney. 

I spoke with a gentleman that had a number of misdemeanor convictions (DV, assault, stalking) and a felony charge which was pled to a misdemeanor. He was considering nursing school. I advised him (in a consultation and after reviewing his criminal case docs) that paying $45,000 to attend nursing school when he would have issues with not only licensure but also employability wasn't a good ROI (return on the investment).

Why not obtain training in another field where you don't have these issues? I know everyone wants to be a nurse but nursing is not for everyone. Yes, I said it.

Don't listen to your probation officer who recommends nursing!

Don't listen to your parole officer who recommends nursing!

Don't listen to your friends and family who tell you "everything is going to be okay because you changed and you are different person now" from who you were 1, 2, 3, 4, 5, 6, 10, or 15 days, weeks, months, or years ago.  

Don't listen to your nursing school instructors and faculty who tell you to focus on your coursework and worry about the State Nursing Board license after you graduate with $50K in student loans.

Speak with a nurse license defense attorney NOW not later you Now and Later. http://www.oldtimecandy.com/now-later.htm  

Did you know NCLEX Applicants comprise the highest percentage of Ohio Board of Nursing complaints now? See page 12 at http://www.nursing.ohio.gov/PDFS/2007AnnualRpt.pdf.

I am seeing more and more cases with NCLEX Applicants who were told "its going to be okay, just submit your letters of recommendation and support" and "the Board will give you a license." Really?

OBN E*News 08/27/2010 - LPN Online Renewal Ends After 8/31/2010

 

This is an e-news alert I received from the Ohio Nursing Board yesterday.Ohio LPNs if you haven't renewed your license then you need to review ASAP as 8/31/2010 is approaching and you don't want to practice on a lapsed license. This triggers a complaint and may lead to proposed discipline against your license.

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OBN E*News 08/27/2010 - LPN Online Renewal Ends After 8/31/2010

The 2010 LPN renewal cycle will end August 31, 2010.  After August 31st your license will lapse.  The online renewal website will not be available after August 31st. Renewal notices were mailed in March to all active LPN licensees.  The UserID and Password required for online renewal are located in the upper right corner of the notice.  If you do not have your UserID and Password and want to renew online, please contact the Renewal Unit at (614) 995-5420.

If you fail to renew your license by August 31st, you will be required to complete the Board’s reinstatement process.  Please contact the Board’s Renewal Unit for further instructions.

Remember that Windows users must access the renewal website using Internet Explorer and Mac OS/X users should access the site using the Safari web browser.

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The 2010 LPN renewal cycle will end August 31, 2010.  After August 31st your license will lapse.  The online renewal website will not be available after August 31st. Renewal notices were mailed in March to all active LPN licensees.  The UserID and Password required for online renewal are located in the upper right corner of the notice.  If you do not have your UserID and Password and want to renew online, please contact the Renewal Unit at (614) 995-5420.

If you fail to renew your license by August 31st, you will be required to complete the Board’s reinstatement process.  Please contact the Board’s Renewal Unit for further instructions.

Remember that Windows users must access the renewal website using Internet Explorer and Mac OS/X users should access the site using the Safari web browser.

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So the nurse says to my assistant: Is LaTonia like a used car salesman or what? Boy Bye!

Wow! A nurse contacted my office last week about an Ohio Board of Nursing Consent Agreement the nurse signed several months ago. The nurse was very upset and angry about the provisions in the Consent Agreement which requires:

1. A daily call-in process for Urine Drug Screens;

2. A psychiatric evaluation;

3. A chemical dependency evaluation;

4. Employer reports;

5. Temporary Practice Restrictions; and

6. other provisions including that he must provide the Consent Agreement to treating healthcare practitioners.

My assistant told the nurse that I am available to review the Ohio Board of Nursing Consent Agreement with the nurse in the context of a legal consultation and the cost of the consultation is $150.00 for 30 minutes. My assistant also mentioned the "blue light special" we are having on legal consultations next month.

The nurse tells my assistant:

"Any attorney who asks for money just to talk with me is a used car saleman."

Really? My assistant referred the nurse to the Ohio Nurses Association for a referral to an attorney, to the State Bar Association for an attorney referral, and to The American Association of Nurse Attorneys.

The nurse called the office again today and spoke with my assistant.

The nurse told my assistant today:

"LaTonia comes highly recommended and I really want to speak with her about my Ohio Nursing Board case but I don't think I should have to pay her any money when she isn't doing anything for me. This sounds like a used car salesman tactic."

---------------------------------------------------

Really. I am using my collective experience and education to review a legal document, counsel and advise you on your options, and provide you with a value-added service.

My assistant was upset that a prospective client and a nurse referred to me twice as a used car salesman. I find it amusing because without even speaking with this nurse, I know this is a angry individual.

Which of the following best describes your situation Angry Nurse?

a. Probably just signed the Ohio Nursing Board Consent Agreement without speaking with an attorney several months ago;

b. Probably responded to the complaint and spoke with a Ohio Nursing Board investigator without any appreciation of "just" how serious these types of cases and allegations can be;

c. Probably is finding out now that the Ohio Board of Nursing Consent Agreement impacts not just his license but his career, future nursing education (LPN to RN, RN to BSN, BSN to MSN, RN to RT, MT, SW, MD, PA, etc.), employability, and everything in else;

Do you feel as if you are stuck in the Matrix? http://en.wikipedia.org/wiki/The_Matrix

d. Probably is figuring out those online chatrooms, boards, and forums didn't provide accurate information, guidance, and assistance and really don't compare to receiving legal representation, counseling, and advising;

e. Probably wakes up thinking Ohio Nursing Board Consent Agreement and goes to bed thinking Ohio Nursing Board Consent Agreement and dreams about the terms/conditions/restrictions in the Ohio Nursing Board Consent Agreement; and/or 

f. Probably has a Consent Agreement, with a Notice of Opportunity for a Hearing then violated the Consent Agreement, had an Immediate Suspension of the license with another Notice of Opportunity for a Hearing which was resolved with yet another Ohio Board of Nursing Consent Agreement which is a total of 60 pages.

Why would you call an attorney's office and refer to the attorney in a derogatory manner TWICe to staff and still want the assistance of said attorney? What's up with that King Baby?

http://www.impactpublications.com/kingbabybooklets.aspx

I am not a used car salesman and I don't have anything against used car salesmen. But I do have a problem with lawyer bashing. Its cute and cool to bash lawyers in today's society until you need one and guess what?

Got a Ohio Board of Nursing complaint? You probably need a lawyer!

Got a 15 page Consent Agreement plus a Notice of Opportunity for a Hearing from the Ohio Nursing Board you signed without the assistance of counsel? You probably need a lawyer!

Got a Board Adjudication Order from repping yourself at a Ohio Board of Nursing "Board Panel" hearing? You probably need a lawyer!

Got an attitude and call my office insulting me to my assistant? WTFrack is up with you, seriously? You probably need a lawyer but it won't be this one, pumpkin!

Boy, bye!!  http://www.urbandictionary.com/define.php?term=boy%20bye%20or%20girl%20bye

Ohio Independent Providers (IPs) RNs and LPNs, ODJFS, and Ohio Nursing Board complaints: Holding your feet to the fire! Really?

If you are working as an IP in the State of Ohio, then I would suggest the following regardless of whether you are new to the field or you have worked as a IP for 10+years:

1. Network with other IPs in your area;

2. Develop a relationship with other IPs who you can discuss practice, billing, documentation, and other issues with as the issues arise;

3. You should have a CPA to assist you with your taxes, your legal business entity and other financial issues;

4. Watch your billing; Medicaid Fraud and theft convictions are increasing and the short-tem and long-term consequences aren't pretty; and

5. Retain an attorney to assist you with regulatory compliance, practice, and legal issues as the issues arise in your practice because the issues will arise.

I am seeing a number of cases involving IPs, both RN and LPN which involve the failure to have a regulatory compliance or risk management plan for their business. You are essentially a home care agency and directly billing the State for home care services is a legal minefield as a "solo" act. Home health agenicies have outside legal counsel and some of the large home health agencies have an attorney(s) on staff "in-house." As a IP-RN or IP-LPN, do you have an attorney on retainer to assist you with practice issues?

Also I really think Nurse IPs should have their own "group" to focus on the issues facing nurse IPs. By a group I don't mean a union. A professional association for Ohio Nurse IPs was attempted several years ago but there wasn't enough interest.

Oh and also: if you are being asked questions, receiving correspondence via certified mail, on a conference call with individuals from one or more State agencies in response to an incident, and being asked to submit records and documents for review: you are under investigation, pumpkin. My nephew calls me pumpkin still at times and I have lost 20 pounds this summer. The next 10 pounds is going to be tough! I am combining water aerobics with my daily walks now.

Also as an IP if you are being investigated for an incident by Carestar and ODJFS stop rationalizing and minimizing the conduct in question.

"My husband said this is silly." Attorney response: Really!

"I can't believe they are so concerned about just paperwork." Attorney response: Really?

"I may have overbilled but I earned that money." Attorney response: Really?

"What's the big deal with boundaries? The patient got the care needed." Attorney response: Really.

Retain an attorney to assist you initially. I am seeing a number of the cases where IP-RNs and IP-LPNs represent themselves in an ODJFS hearing and then don't contact an attorney until they receive a Notice of Opportunity for a Hearing from the Ohio Board of Nursing based on the termination of their provider number.

If you didn't know this then let me tell you: an adverse action taken by ODJFS is reported to the Ohio Board of Nursing because you are licensed to practice nursing by the Board. This then starts another investigation by the Ohio Board of Nursing.

This is why its extremely important for IP-RNs and IP-LPNs to:

1. Have an individual professional liability insurance with a license defense benefit that will cover attorneys fees and costs in ODJFS and Ohio Nursing Board complaints, investigations, and adjudications; and

2. Contact an attorney initially whenever an incident is reported.

Its your nursing license, its your provider number, its your business, and YOU as a professional should manage the risk. Taking a wait and see approach isn't managing the risk.

Going it Alone: Representing Yourself before the State Nursing Board

This month has been really busy. A good and steady busy.

I have spoke with a number of nurses this month: some retain my services and others don't. The reason for not retaining me: cost. Legal representation before the State Nursing Board doesn't cost $199.95 unfortunately.

But let me say this about retaining a license defense attorney. Its money well spent if you hire an attorney with experience and familiarity with the issues in your case.

Borrow the money from family and/or friends, withdraw from a 401K or 403B, take out a loan, etc. Its money well spent.

If the State Nursing Board revokes your license, you can't practice. There goes your license, your livelihood, and for alot of us (like me) "being a nurse." So why wouldn't you spend the money to retain an attorney?

1. Rationalizing the complaint. I didn't kill anyone, its not that serious, its no big deal, etc.

2. The State Nursing Board is comprised of nurses and they will understand. State Nursing Board Members and Staff are nurse regulators and their role is public protection.

3. It costs too much to hire a lawyer and I can't afford to hire a lawyer. I keep it real on this blog and honestly I am speaking with more and more nurses who really can't afford NOT to hire a license defense attorney. Please excuse my use of a double negative.

I quote flat fee for representation and if I quote you a higher flat fee I will tell you why based on the circumstances. I like complex cases because they keep you on your toes.

I spoke with two nurses this month both with very serious allegations and complex cases who are representing themselves.One nurse knows her case is serious but just can't afford representation and the other nurse fails to appreciate just how serious the pending complaint is against her license.

Both of the cases are complex and will require long-term representation, counseling, and advising. Both of the nurses really needed representation yesterday and both are taking a "tell all" and "let's see what happens" approach.  The truth will set you free right? Maybe if you say it in the confines of an attorney-client relationship.

Does the truth set you free? This may work in kindergarten but not necessarily in licensure matters. My grandmother says there are three versions of the truth: yours, mines, and the truth is somewhere in the middle.

I have a feelling I will hear from both of these nurses 3-6 months from now. One case has the complexity of a 7 and the other case has the complexity of 9.

 I communicated with another nurse this month who is being represented by another license defense attorney (the nurse contacted me with questions) and the attorney doesn't have any experience handling this particular type of case. I told the nurse you need to take your questions to your lawyer.

The allegations in the complaint are a 8 to 9 on the scale of 1-10 and the nurse doesn't know this. This nurse hired the wrong attorney to represent her/him before the State Nursing Board because the allegations scream "you need an attorney who knows these issues back and forth, front and back, side to side, up and down, and round and round. I have a feeling I will hear from this nurse again in 6-9 months.

So what I am saying? You don't know what you don't know  sometimes until it slaps you in the face. I don't know about you but I have been slapped in the face many times with various experiences and incidents in my 39 years (that's life right?). Finding out a complaint is filed against your license may be viewed as a slap, punch, bite, kick, smack, or kiss (we have State Nursing Board staff who review this blog:) 

The complaint is unexpected and even if its expected it still a surprise. How you respond to the complaint, investigative process, and hearing may alter your nursing license and career and your life. If you don't know Nursing Board complaints, investigations, and hearings learn it or hire an attorney. Its just that serious. Oh and reviewing allnurses.com and other online nursing forums ain't enough to successfully navigate the law, rules, regs, process/procedure, and nursing lit and standards.

Sometimes a license defense attorney isn't a license defense attorney isn't a license defense attorney

Is a nurse a nurse a nurse? Of course not, so don't assume the same for nurse license defense attorneys.

When you contact a nurse license defense attorney you want to know BEFORE you RETAIN the attorney, if the attorney has experience dealing with the specific issues and allegations involved in your case. If you are hiring a license defense attorney then you know the attorney has experience handling cases before the State Nursing Board but you need to know more, right?

I say this because I have been contacted by more than one nurse this summer seeking answers to nursing and legal questions from me when the nurse is already represented by a license defense attorney. If you retained an attorney to represent you before the State Nursing Board then ALL questions, comments, and concerns and any counseling and advising of you related to your case, your license, and your nursing practice should be done by the attorney you retained.

If your attorney cannot answer your questions, has never handled a case involving those issues or allegations, or cannot advise and counsel you, then maybe, just maybe you need to think about retaining another nurse license defense attorney.

For example, if you are a CRNA with a license issue, you want your attorney to have experience representing CRNAs before the State Nursing Board. 

Ask the attorney specific questions before you move forward with retaining the lawyer such as:

1. How many cases have you handled like mine?

2.  Do you have experience with these types of complaints?

3. What was the outcome in your other cases?

4. What can I expect in my case based on your experience in these types of complaints?

5. How is my case similiar and different from those other cases?

6. What is your current case load of LPNs, RNs, and APRNS (CRNAs, NPs, CNMs, and CNSs) cases? What types of issues and complaints are you handling currently before the State Nursing Board?

Ideally you want to hire a nurse license defense attorney with experience handling cases like yours because this attorney will be able to not only represent you before the State Nursing Board but also counsel and advise you and provide bespoke legal services.

My Nursing License was Suspended for 5 years. Do I need a lawyer when going for reinstatement?

This was posted online when I googled "nursing license suspended."

 

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7 years ago I was prescribed a narcotic pain medication for severe migrains. At the time I was in my last year of nursing school (LPN certification). I was awarded almost a full scholarship to the LPN program, purely based on my grade point average. I graduated top of my class, and was given 3 awards for various achievements at my graduation ceremony. I had always dreamed of becoming a nurse, and it was finally coming true. I got a job working in a nursing home/long term care facility 7am-3pm, I loved working with the elderly, and was proud to be a nurse. As I continued taking these pain meds over the years following the original prescription, I realized I had become physically addicted to them. When I didn't have them, I felt physically ill.

 

My tolerance had increased, and I started taking more than prescribed. So, I would run out of them before it was time to renew my prescription. When this would happen, I would scramble, and try to find another doctor to write a prescription for me. Before I knew it, I had 3 different doctors prescribing them to me. Over this period of time, my husband was laid off from his job, and we struggled to pay our mortgage, on top of every other bill we had. This caused a major strain in our relationship. I found myself taking more and more of my medication to numb the pain of our struggles. Then to top it off I found out my husband had cheated on me 3 times over our 7 year marriage. My life was crumbling around me. We eventually foreclosed on our house, and separated. Needless to say, I went into a deep depression. I just took more and more of these pills to try to forget it all. During all of this my hours at the nursing home, got switched to the 11pm-7am overnight shift. Once again I found myself out of my medication. That same night at work, I was required to waste a narcotic. Which should be done in the presence of two nurses and signed off together.

 

But on this shift, there were only two of us on the unit, and the other nurse was busy, so I went to waste this drug by myself. But when I went to do it, I was feeling horrible withdrawl at the time, and I knew this medication (to be wasted and thrown away), would make me feel 100% better. So, I decided to take the medication, and still document that it had been wasted.. In the days following, I guess I realized how easy it was. So I began to deliberately create scenarios in which narcotics needed to be wasted, or somehow miss counted. Now as I look back on this situation, it felt like I was on auto pilot. Almost a dream like state. I couldn't even remember how many times this had happened. Well, I eventually got confronted by the director of nursing. They had been watching me all along, and knew everything. Of course I tried to deny it, but it was obvious that I had done this. I was fired immediately.

 

I was arrested and charged with 11 felony counts of theft of a controlled substance. I was also reported to the board of nursing, and they suspended my license for 5 years. Luckily the judge gave me the option of completing drug diversion, and if done successfully, they would drop all criminal charges. When all of this happened, I notified my physicians about my addiction, and finally detoxed off all medications. I have since turned my life around, and have been completely clean since. No drugs, no drinking, nothing at all. I completed the program, and started to attend weekly therapy and 12 step meetings. I have one year remaining in my suspension. I go in front of the nursing board in november 2011. I would like to be reinstated, and try working in a drug rehab of some kind. So, in conclusion of this long dramatic story, I want to ask if any one else has experienced a similar situation? And if so, did they get their license reinstated? When going in front of the board, do I need a lawyer? And any other advise you can offer. Thanks for listening.

 

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If your nursing license was suspended for 5 years, then there will be NUMEROUS terms and conditions for the reinstatement of your license (this may take anywhere from 6months to 24 months) and there will be probably 2-5 years of Nursing Board probation and monitoring after your license is reinstated.

 

I know the individuals who responded told you to represent yourself but I would advise you to hire a lawyer to work with you. Some Boards are taking a harsh approach to substance use and abuse with nurses and this is why its important to have an attorney on your side throughout this process. Try to work out some type of payment arrangements with your attorney.

 

I am always surprised by the number of LPNs, RNs, and APRNs who drive really nice cars, take 2-4 vacations a year, and live a fairly middle class to upper middle class lifestyle but then frown when it comes to paying a few thousand dollars for legal representation which will help you maintain your lifestyle, livelihood, and license. Some will even say, I can't afford a legal consultation ($150-$250). Go figure. That's fine but there should not be an expectation that an attorney will assist you with your licensure issue at no cost.

 

There was actually an article in the Wall Street Journal about middle class and upper middle class individuals trying to obtain free legal services through Legal Aid. Not all attorneys are expensive but I don't think its about expense: I think there is overall a failure to appreciate the value of legal representation, counseling, and advising by individual consumers.

 

For example, I received an email from a nursing student and future NCLEX-RN Application who has criminal convictions. She commented on how expensive it was for a legal consultation. A 30 minute consultation with me is $150.00. I wonder would this same person spend $150.00 on a purse, hair coloring, designer shoes but then complain about the cost of a legal consultation. Calling or emailing an attorney (this one anyway) and saying "by the way, I don't have any money but I need your help" does not help you or the attorney. I am willing to work with anyone on payment arrangements however I cannot work for free as a lawyer just like you don't work for free as a nurse.  

 

Moreover, if you are spending $15,000 to $50,000 on your entry level nursing degree (LPN or RN), why wouldn't you spend $150.00  for a legal consultation to discuss your suitability of licensure and employability with a license defense attorney if you have criminal convictions and you know the State Nursing Board application inquires about criminal convictions?

 

Good luck and take care of yourself. I am so happy to hear you are clean and sober. My non-legal advice to you would be to hire a lawyer and ask the lawyer to work with you as far as payment arrangements for the legal services needed now and in the future. Also if the lawyer makes payment arrangements with you, then keep up your end of the bargain by paying the lawyer. I have two clients now who I am planning to terminate this week for non-payment. Its nothing personal; the practice of law is a profession but its also a business. I like all of my clients but like you I cannot afford to work for free.  

Double Fresh, Double Fun, Double Smooth: Two State Nursing Board Complaints in less than 6 months

This is why its so important to speak with an administrative law attorney when you have a pending complaint with the State Nursing Board. If you have a complaint filed against your license, speak with an attorney to review the allegations and your course of action. Research law firms and attorneys online and schedule an appt. with an attorney to further discuss your case. What is the benefit in waiting a few weeks or months to speak with attorney when a complaint is filed against your license?

I spoke with a nurse this week who has two pending State Nursing Board complaints against his license related to allegations of drug diversion and the State Nursing Board suspended his license (without a hearing as permitted to do so by law when a nurse is threat to public safety; this is an emergency measure) after the 2nd complaint was filed.

Pull the money out of the mattress because you are going to need it in these types of cases. Two State Nursing Board complaints ain't double fresh, double fun, or double smooth but it will cost you double money.

If you are going to hire a nurse license defense attorney do so before the cat gets out of the bag!

I am seeing more and more cases where nurses are initially representing themselves in State Nursing Board investigations, meeting with State Nursing Board investigators and Pharmacy Board investigators, attending investigative meetings with State Nursing Board investigators without legal counsel, and providing verbal, written, and recorded responses to the complaint to various law enforcement and State Nursing Board personnel, and submitting a written response to the allegations in the complaint without the assistance of legal counsel to the State Nursing Board.

If you receive a phone call and a State Nursing Board investigator, Pharmacy Board investigator, and/or Detective LaTonia Denise Wright from the _________County Drug Diversion Task Force wants to meet with you at the local McDonald's, its not because they want you to sample the new Strawberry/Banana or Berry Berry Smoothie at McDonalds.

So many nurses receive the initial complaint from the State Nursing Board and write a 5-10 page response and submit it to the State Nursing Board without blinking an eye, taking a deep breath, or passing go and collecting $200.00.

I am also seeing cases where a nurse has a license defense protection benefit with NSO or Marsh Affinity/Chicago Insurance Company and do not contact the insurer immediately for a referral to an attorney.

If a complaint is filed against my law license, I am going to retain an attorney to represent me. No questions asked because its my license and frankly I couldn't be objective enough to represent myself. Your first thought is "I didn't do anything wrong." Its not about right or wrong and its about violating a State Nurse Practice Act/Board of Nursing regulations.

Also this is why I have legal malpractice insurance that costs my firm a few thousand dollars a year. Yes, my legal malpractice insurance costs several thousands dollars a year. There is no way in hell I would attempt to respond to a complaint filed against my licenses with the Indiana, Ohio, and/or Kentucky Supreme Courts without hiring an attorney who specializes in representing lawyers in disciplinary cases. Why?

As a licensed professional, you MUST afford a certain amount of deference to your State Licensing Agency and to its process and procedure for the investigations and adjudication of complaints. Some nurses and other licensed healthcare professionals take a "its just the Board" or "the Board has bigger fish to fry than this case" and really rationalize the behavior, actions, or inaction underlying a State Nursing Board complaint.

So many nurses are so busy yelling "I can't believe this was reported to the State Nursing Board", " I did NOTHING wrong", "they didn't do this to so in so" or "this is so unfair" that they are not mounting a defense to the complaint initially.  This doesn't help you. The online nursing chatrooms, boards, and forums are filled with angry and bitter nurses dealing with a State Nursing Board complaint/discipline and most (if not all) without the benefit of legal representation.

In serious cases, I tell my clients we will be working together for years. Yes, years pumpkin not days or months. We are doing time together: 1-3 years, 2-5 years, or 3-6 years.

I have said it once and I will say it again until I retire from law practice (20-25 years), its not nursing negligence or nursing malpractice you have to worry about as a nurse; its having a complaint filed against your license with the State Nursing Board or another heatlhcare regulatory agency like the Department of Health, Attorney General, or Jobs & Family Services.

USA Today article on Bad Nurses Able to Work in Other States

See http://www.usatoday.com/news/health/2010-07-15-1Anurses15_CV_N.htm#SignOut

State Nursing Boards are tough enough already in disciplinary cases. And there is a little thing called procedural due process in administrative law cases. Administrative law rRespondent-licensees are already provided less rights and process than what you see in civil and criminal cases, what's next? No due process, no investigation, just turn in your license and go to jail, go directly to jail, do not pass GO, and do not collect $200. Yes, I am old school and its the board game Monopoly.

What are you advocating for anyway? Permanent License Revocation and Protective Isolation for nurses involved in State Nursing Board complaints, investigations, and adjudications!

Three posts in one day and I am on a roll, baby!

Also what is bad? Having a med error now makes you a bad nurse?