Nursing Law & Order

Medical Marijuana vs. Recreational Marijuana by State Licensed Healthcare Professionals

I attended a webcast offered by the Ohio State Bar Association this afternoon titled "Is the Grass Really Greener? Workplace Implications of Medical Marijuana. The webcast was very informative as I anticipate there will be a number of issues that I see in my law practice with respect to advising, counseling, and representing nurses before the Ohio, Kentucky, and Indiana Nursing Boards.

If you are an Ohio licensed nurse and practicing for an Ohio employer and plan to use medical marijuana pursuant to the Ohio law which takes effect on September 8, 2016, you should seek the advice and counsel a nurse license defense attorney and not necessarily rely on the advice and counsel provided by your employer especially with respect to the licensure and practice implications of medical marijuana use.

The advice and counsel of your own personal counsel who specializes in nursing law and licensure issues cannot be overemphasized now because there are instances where I see RNs and APRNs relying on the advice and counsel of general healthcare attorneys of a health system which is their employment, to the detriment of the nurse. 

What am I saying? You may need to hire an attorney if you have a professional practice question but you may need a legal consultation with a lawyer who specializes in nursing law issues rather than relying on lay advice and counsel of well-meaning friends, family, and colleagues or even the legal advice of attorney who does not practice routinely in this area. 

The American Association of Nurse Attorneys is an excellent resource for finding a license defense defense attorney, nursing practice lawyer, or nurse attorney in your state. See www.taana.org. Some lawyers offer legal consultations, which is a lower cost option than full scale and traditional legal representation, counseling, and advising. Also there is a professional association, the AMERICAN CANNABIS NURSES ASSOCIATION. See http://americancannabisnursesassociation.org. 

Of course there will be a difference between medical marijuana use and the use of recreational marijuana for nurses and nurses it isn't the job, role, or responsibility of your employer to point out those distinctions. Maybe we will start to see CEs for nurses on the distinction of medical and recreational marijuana use from a federal and state perspective which mixes the licensure and workplace implications. I was joking last week when I postulated, without evidence, that Weed is Final Frontier but when you look at the implications that MM (medical marijuana) has from a federal, state, licensure, employment, professional practice, and ethical standpoints......

Maybe we will see CE for nurses and seminars for healthcare professionals on MM vs. recreational use of Marijuana offered by national, state, or specialty professional associations or even HCP unions over the next few months. If you know of any CLE or CE regarding MM or RM and use by licensed HCPs, email me at [email protected]. This is a very timely topic! See the links below for discussions in other forums:

https://ajnoffthecharts.com/marijuana-legalization-and-potential-workplace-pitfalls-for-nurses-who-partake/

http://www.medscape.com/viewarticle/846984_4

https://www.ncsbn.org/2014DCM_LKaplan.pdf

http://americancannabisnursesassociation.org/

 

 

Weed is the New & Final Frontier, Not Space!

I apologize but I need to "mess up the rotation." This is line is from Friday, the cult classic movie with Chris Tucker and Ice Cube. Puff, Puff, Give is the rotation with respect to smoking marijuana in a two or more person set-up. . http://www.imdb.com/character/ch0011184/quotes. I love the movie Friday! 

I am attending a webinar in August sponsored by the Ohio State Bar Association titled "Is the Grass Really Greener? Workplace Implications of Medical Marijuana." 

https://www.ohiobar.org/NewsAndPublications/News/OSBANews/Pages/5-things-employers-should-know-about-Ohios-medical-marijuana-law.aspx

I do not smoke marijuana and even if it legal in Ohio for WHATEVER purpose and to use by WHATEVER route (eating, inhaling, injecting, etc.) I will not use marijuana. I already have enough problems and weed will not be one of my issues. We all struggle with something and if you deny having a vice, whether it is sex, drugs, alcohol, gambling, gaming, social media, electronic devices, food/gluttony, gossip, exercise/fitness, work/career, etc., you are not being honest with yourself.   

The Tabletalk magazine for August 2016 focuses on Addiction from a Christian and Calvinistic theology perspective. http://www.ligonier.org/tabletalk/. This is an excellent read. 

If you are a licensed healthcare professional and you smoke weed, please stop the rotation. All it takes is a random UDS or a pre-employment UDS..... Ask yourself why you are smoking weed, self-medicating, and get to the root of the issue with self-reflection, professional counseling, and medical treatment if needed. You know what you do and if you need help, please get help before it becomes a workplace, license, and legal matter. It is so much more easier to deal with these issues proactively before the stuff hits the fan. 

Also medical marijuana laws or casual use marijuana laws cannot provide a safe harbor for licensed nurses. You cannot come to work impaired or intoxicated from any substance/drug/medication, legal or illegal and provide safe nursing care to patients. It is a violation of professional standards of practice and your State Practice Act/Regulations.

Marijuana use/abuse is the real deal now and a positive UDS for marijuana is investigated by State Nursing Boards. Why? It is a violation of your State Nursing Practice Act to test positive for an illegal drug. If you test positive for an illicit drug, an employer or prospective employer may report to the State Nursing Board.  I am interviewing for home health RN positions in Cincinnati, Ohio and I will also have to submit to a UDS soon. I do not use illicit drugs and I take vitamins and OTC medication.  

I practice law in Ohio, Kentucky, and Indiana. If we get weed laws in Ohio, Kentucky, or Indiana, I am going to further limit my law practice to representing nurses in weed cases. Weed, not Space, I postulate without any evidence, will be the Final Frontier. https://www.youtube.com/watch?v=S6R3MiAv9ac. Can I specialize in weed law? Maybe the Ohio State Bar Association, Kentucky Bar Association, or Indiana State Bar Association will develop an attorney specialization for weed law. 

Here is general advice to all nurses in any state if you are licensed nurse, do not drink alcohol, smoke crack, inject heroin, snort cocaine, puff, puff, pass marijuana or ingest any illicit or even prescribed medication which alters your mental, physical, or cognitive capacities before reporting to work or at work.  Yes, you have to be careful taking any prescription medication before you report to work or while you are at work as a licensed nurse. Why? Are you safe to practice? You should not be at work if you are hung over, high, under the influence, groggy, dazed, dizzy, in a mental fog from meds, etc. 

Of course, there is a difference between being an allegation of reporting to work impaired/intoxicated as nurse and "just" having a substance present in your system. But let me ask you, do you really want to spend the time, money, emotional energy and mental exertion/frustration to deal with the license, workplace, and career implications of sorting between the two in a given situation? Can you say legal headache? 

Also you should see the New Star Trek movie, Start Trek Beyond. It was awesome! https://en.wikipedia.org/wiki/Star_Trek_Beyond. 

 

Please Baby Please: Purchase an Individual Professional Liability Insurance Policy with a License Defense Benefit

If you have not done so already, please baby please, purchase a professional liability insurance policy with a license defense benefit today. 

I am transitioning back into hands on nursing practice soon here in Cincinnati. I will be working part-time as a RN in home health or hospice, part-time as a solo practitioner in private law practice, and part-time at the new Freddy's Frozen Custard on Winton Road. https://freddysusa.com/store/cincinnati-winton-rd/

My goal has always been to practice law and practice nursing and I miss hands on nursing care. I have interviewed with several home health companies here in Cincinnati and I will be starting a position next month. I plan to start per diem and work a few days a week in addition to practicing law.

I have been in private practice for 15 years and I turned 45 years old this month. I am not having another mid-life crisis but just trying to transition back into the traditional workplace a few days out of the week. I am looking at doing a combination of things for the next couple of years: defending nurses, providing patient care, project legal work, etc. just to mix things up. 

I said that to say that I need to purchase my own professional liability insurance policy with a license defense benefit. Call me bias because of TAANA but I will purchase a policy with Nursing Service Organization (NSO). http://www.nso.com/

I am not getting paid to NSO, NSO, NSO but I like the benefits offered with its policies. I am not telling you to purchase NSO insurance but you should have a policy with an insurer familiar with nursing malpractice as well as Nursing Board defense claims.  

https://www.amazon.com/Please-Baby-Classic-Board-Books/dp/1416949119

Baby please baby, please purchase YOUR OWN liability insurance policy with a nurse license defense benefit. 

Really? You are Already Represented by Legal Counsel and You are contacting My office because........

If you are being represented by another attorney in a State Nursing Board Matter then you need to say this FIRST to any license defense attorney you contact. To not do so is rude, and shows a lack of common courtesy. 

Why?

If you have retained an attorney to represent, counsel, and advise you before the State Nursing Board why then do you need to contact and ask another attorney questions about your case, situation, facts, and circumstances anyway? Call the attorney you retained and schedule an appointment with him/her to review your questions. 

If you need a second opinion about your case, then "say so" to the second attorney upfront and compensate the second attorney for his or her time. I charge $19.95 for second opinions. Don't try to play with me on the phone because I have been doing this for a while and I can smell tire kickers.

I have been in private law practice since 2001 and there is a first time for everything. I actually had someone contact me and proceed to ask me questions about his/her case before the State Nursing Board because this nurse's legal counsel was not available to take his/her telephone call. Guess, whose number I blocked out from calling my office? Yes, I do block calls personally and professionally Sugar Cakes. 

You get paid by the hour like most attorneys. Most of my cases are flat fee however is this really an effective use of Hot Mama's time taking your call because the attorney you retained is not available to speak with you right now? 

Do you not have any self-control or the patience to leave a voice mail for your attorney and then f/u with him/her about your case? Are you Baby Chris? Baby Chris is my cute green-eyed two-year old nephew who needs everything here and right now and will fall out and scream for any and everything. 

Most attorneys or staff return calls immediately, within hours, or a day anyway. Also why do you feel the need to speak with another attorney if you are already represented by counsel? If you have an emergency and your attorney you called is not available to speak with you that day or within a few hours, this is not my emergency. 

In my office, if you have a legal emergency (IMO this is ANY Nursing Board case and the nurse is unrepresented) or if you are a client, then Tina will get you in to speak with me or meet with me. Remember I am a recovering work-a-holic who relapses daily and I go hard here at LDW Law so I have meetings as early as 6am or as late as 8pm because the nurses who I serve (this is my calling, Apple Dumpling) work 24 hours a day. 

So, Pumpkin Pie, you cannot reach your attorney or his/her staff? I am sorry and I apologize. I learned this in Divorce Rebuilding that you should apologize for any and everything even if it is not your issue, concern, matter, or planet. This is moreover, an issue for you, your attorney, and his/her staff not mine. You need to address this with the attorney you retained not me. 

If you have retained an attorney to represent you, then call that particular attorney. This is common sense; do not call around and try to get your questions answered by another license defense attorney. If you are doing this, you are wasting the time of attorneys you are contacting for a freebie.  

At least 2x week, I hear "I retained Attorney B to represent me this morning but Attorney B is not a nurse or Attorney B does not have any experience with my type of case and I want to know what you think about...."

Really? Honestly what am I supposed to do with this information? Honestly? We are willing to work with and help anyone here at LDW Law (I DO NOT take State Nursing Board cases with intentional, extreme, and double nasty-super freak sexual allegations because Sweet Mama has to be able to sleep at night) but really? 

My standard response is now "Thank you for contacting me however you need to speak with the attorney you retained and paid to represent you, not me." 

Big Veggie Special with Mayo: Ohio Nursing Board Renewal Application Representation, Counseling, and Advising

This offer expires August 31, 2013, which is the deadline for renewing your RN license in the State of Ohio. The cost of representation is $2,499.99. For additional information, please email me at [email protected]. 

How do you know if you need a lawyer? Well, if you are renewing your license and you have to make affirmative disclosures to the Ohio Nursing Board related to alcohol dependency, substance use/abuse treatment, dual diagnosis, cross addiction, mental health, criminal conviction(s), guilty pleas, and/or a disciplined license in another state, then you need to retain an attorney. This is not a buffet therefore this list is not all-inclusive however, at a minimum, if you are checking "yes", talk to an attorney even if for 10-15 minutes. 

I understand you don't want to hire me because I like to play the Buffalo slot machine at the Horseshoe Casino Cincinnati while I eat a turkey "Crunch" burger from Bobby's Burger Palace. Buf-faaa-loooooooooo.

That's fine but retain someone to represent, counsel, and advise you before the Ohio Nursing Board so that you can make informed decisions on how to proceed. Call the Ohio State Bar Association for a referral to an administrative law attorney.

Please, please, please DO NOT retain your family law, personal injury, criminal defense, or divorce lawyer to represent you before the Ohio Board of Nursing. If you are going to retain a lawyer, there are several lawyers in Ohio who "do nothing but the Board" so retain one of these folks to help you in your case.  

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. 

$1,999.99: Tuna Melt Deluxe for NCLEX-Applicants needing Traditional Nursing Board Representation

This special runs until September 1, 2013. 

The Summer is here and the Nursing Law Bandit is peaceful, happy, and extremely content because I am swimming daily and enjoying myself. I didn't know being single was this fun!

I am offering a number of discounts for nursing students and the Ohio, Kentucky, and Indiana Nursing Board renewals starting now and running until October 31, 2013. This one is for nursing students who need representation, counseling, and advising before the Ohio, Kentucky, or Indiana State Nursing Board. 

Are you a nursing student, nurse school graduate, or NCLEX-Applicant and you have to appear before the Indiana Nursing Board because you responded "yes" to a question on the IN BON Application for Licensure by Examination? 

 

Did you apply for a license with the Ohio Nursing Board and you received a Consent Agreement or Notice of Opportunity for a Hearing by mail from an Adjudication Coordinator and Board Attorney? 

 

Did you apply for a license with the Kentucky Nursing Board and you have been contacted for an "investigative meeting" to meet in-person with Board staff in Louisville, Kentucky to review your application for licensure? 

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 and maintains my calendar. 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 your case from A to Z. Lastly tell her you want the $1,999.99 Tuna Melt Deluxe for New Nurses.

 

Tina Thelen, Virtual Office Assistant for
LaTonia Denise Wright, RN, BSN, JD
317-721-5530 (My Business Office phone)

[email protected] (email)
http://tinasvirtualoffice.com (website)

 

 

2. Tina will schedule an appointment with me either in-person or by telephone and 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 your 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. 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 and to start preparing your defense and case strategy. 

$99.99 Legal Consultation for NCLEX-Applicants, Newly Licensed Nurses, and Nursing Students

It never fails; I speak with a nursing student, new nurse, or NCLEX-Applicant who has regrets related to the Initial Application for Licensure by Examination submitted to the Ohio, Kentucky, or Indiana State Nursing Board.

It is that time of the year again. I am offering a Tuna Melt Special for nursing students. The cost of a legal consultation to review your Application for Licensure, records to be submitted to the State Nursing Board, and speak with you by telephone is $99.99. 

Are you required to check YES and answer in the affirmative on your Application for Licensure by Examination with the State Nursing Board in Ohio, Kentucky, or Indiana? 

This special runs until September 1, 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 $99.99 Tuna Melt Special.

Also you are calling a law firm; We are legally and ethically obligated to safeguard the confidences of clients and prospective clients; You are not calling the State Nursing Board office. We need your name and contact information for risk management, conflict checking, and common sense reasons. Please don't call and say you can't provide your first and last name for confidentiality concerns; it gives me something to laugh about for at least 2-3 minutes. 

Tina Thelen, Virtual Office Assistant for
LaTonia Denise Wright, RN, BSN, JD
317-721-5530 (My Business Office phone)

[email protected] (email)
http://tinasvirtualoffice.com (website)

 

2. 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. 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. 

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. 

 

 

 

TaraLynn Mackay, RN, JD (Texas) is presenting 3 webinars in April 2013 for Nursing Law & Order

TaraLynn Mackay is a Texas licensed attorney. Taralynn represents nurses before the Texas Board of Nursing. Download TaraLynn Mackay CV. 

Taralynn R. Mackay, RN, JD, is a founding partner in the law firm of McDonald, Mackay & Weitz, LLP where her practice focus since 1997 has been administrative/regulatory law, health care law, and professional licensing issues with a primary focus on representing nurses before the Texas Board of Nursing (formally known as the Texas Board of Nurse Examiners). Ms. Mackay is Board Certified in Administrative Law by the Texas Board of Legal Specializations and she has practiced Administrative Law since 1994.

See http://www.healthlicensedefense.com/TaralynnMackay.html

The Nursing Law & Order webinars are scheduled for 90 minutes. The cost is $20.00 for each webinar. No CE credit is provided.

Ms. Mackay is presenting the following webinars for Nursing Law & Order:

Are You Pro Se? The Pros and Cons of Representing Yourself before a State Nursing Board

Wednesday, April 3, 2013 at 6pm-7:30pm 

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

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State Nursing Board Probation & Monitoring: What Does It Mean and Am I Employable? 

Monday, April 15, 2013 at 6pm-7:30pm

Registration Link: http://nursinglaw.enterthemeeting.com/m/I89NXNMP

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State Nursing Board Alternative to Discipline Programs for Substance Use: Do I Just Sign on the Dotted Line? 

Monday,  April 22, 2013 at 6pm-7:30pm 

Registration Link: http://nursinglaw.enterthemeeting.com/m/DFKU8ACU

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Taralynn's can be reached at: 

Direct Line: 512-281-5999
Private Fax: 512-281-9559
Email: [email protected]

State Nursing Board Disciplinary Investigations: What Am I Facing Here? webinar

Nursing Law & Order is offering a 60 minute webinar for nurses and nursing students to learn more about the nuts and bolts of State Nursing Board disciplinary investigations. The webinar will be presented by a licensed attorney with experience defending nurses before the State Nursing Board.

The webinar will review the following topics: 

What is a disciplinary investigation before the State Nursing Board? 

What are your rights and responsibilities in a State Nursing Board investigation? 

What is the process and procedure of a State Nursing Board investigation? 

Should I respond in writing to the complaint against my license? 

What is the difference between State Nursing Board staff and State Nursing Board members and which are involved in a disciplinary investigation of a nursing license? 

Friday, April 5, 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/XKMUZT76. 

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.  

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

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

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

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

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

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

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

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

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

 

 

I Can Feel It! Living, Sweating, Breathing, and Bleeding Nurse License Defense for $995.95?

My law practice keeps me very busy. I love what I do for a living and it is my passion. Nurse license defense is still and has always been my dream job. Being on the frontlines in nurse license defense has shown me there is a need for additional services for nurses and nursing students related to the law, legalities, and legal issues. This is phase II for my practice and I am sooooooo excited that I am finally able to move forward with consulting practice while continuing with my bread and butter, nurse license defense in the context of my law practice.

Nurses just a few pointers however, attorneys provide a service to the public just like nurses provide a service to the public. The difference being that nurses are typically paid an hourly wage or salary by an employer for the services provided while most attorneys quote the fee or the amount for the service being provided to the public.

Why is this important and what am I saying? After 11 years of nurse license defense NOTHING surprises me anywmore in the context of my law practice; I am seen the worst in the profession and the arguably some of the best in the nursing profession also. I am not surprised but just puzzled by the number of nurses who need legal representation before the State Nursing Board but decide for "cost" not to retain ANY attorney.

You spend anywhere from $15,000 to $60,000.00 on undergraduate and graduate school nursing education for an ASN, BSN, MSN, or PhD. LPN or LVN programs cost $10,000-$20,000 now.

After spending tens of thousands of dollars on a nursing education, the majority of nursing students and NCLEX Applicants with affirmative responses on a State Nursing Board application will roll the dice and apply for a license without consulting with an attorney on the responses to the application questions. "My nursing instructor said this isn't a disqualification so I should just apply", "I am a different person than I was 5 years ago when I committed those 4 felonies and 3 misdemeanors and the Nursing Board will see this." You don't say?

A LPN, RN, RN-BSN, RN-MSN, or RN-PhD has an income potential of several hundreds of thousands of dollars or several million over the course of a lifetime of nursing practice. That's money. Nurses, as LPNs, general RNs, or APRNs don't earn server wages plus tips. Yet this is the disregard I see with respect to the severity and seriousness of a State Nursing Board complaint and the possible implications on licensure, employability, and the nursing career. You don't say?

I hear all the time "I don't have that kind of money for a lawyer", which is usually anywhere from $3,500 to $9,500.00 with most cases being at the $3,500 to $5,500 range (excluding probation and monitoring with the State Nursing Board) and the most complex cases ranging from $7,500 to $9,500.00. Even APRNs, with advanced education and who certainly earn more and have more scope of practice and more autonomy than LPNs or general RNs will frown at representation and proceed pro se. I quote a few cases over $10,000.00 but usually not because how I can structure my flat fees on case milestones. I don't quote low ball fees; I don't have to do this and it isn't a sound business practice. I quote a fee based on me working your case and we have to work license defense cases, in my law practice anyway. We go hard in my practice, just ask my paralegal.

I am even seeing cases where APRNs and RNs start their own businesses providing nursing services and maybe billing the government for services and fail to consult with and work with a nursing law attorney on the business basics before opening the doors. This is a recipe for disaster. Just look at the number of Independent Providers who have their license suspended and are indicated for fraudulently billing the State of Ohio for home care services. Why don't these IPs, both RNs and LPNs consult with a nursing law attorney? How can you bill for services and also practice in your business as a nurse with advice and counsel of a nursing law attorney? Not the corporate or general practice attorney who did your LLC, but an attorney who can assist you with the nitty gritty practice and operational issues like job descriptions, scope of practice, etc.  

Most nurses spend thousands of dollars on a vacation or two in a year, a bathroom remodel, or some other expense or luxury but will frown at the investment into representation, counseling, and advising in a State Nursing Board complaint which can silence, stop, end, terminate, or unfashionably cramp, crop, and crimp a lifestyle with its career and employability consequences. 

I can't represent you for $995.95 in ANY case and certainly not one where the Board has issued a Compulsory Psychiatric Evaluation (these cases are akin to doing that old school dance "the fight", Cabbage Patch, the Snake, and the Humpty Hump to slow music if you get involved late in the game. See http://www.youtube.com/watch?v=3suw_vb6-fY) and you are licensed as a APRN in Ohio, Kentucky, Indiana, West Virginia, Michigan, and Illinois. Sorry.

Nursing malpractice and nursing negligence don't end careers baby; State Nursing Board complaints and discipline of the license are the career enders pumpkin pie. Don't believe what you were told in nursing school or what you were lead to believe by colleagues. The issues isn't malpractice or negligence it is State Nursing Board discipline. This is why I am so excited about Phase II to my business, it only took me 10 years to get here but I am ready finally to offer additional services and products for nurses and nursing students on understanding the law and the practical implications for nursing practice. Better late than never applies to me and maybe you.

I am also planning to start volunteering as a nurse later this year to get my hands back in nursing practice. If you know where I can volunteer as a nurse here in Cincinnati, email me or call my office. Just a few hours a month.

Do yourself a favor and retain an attorney if a complaint is filed against you with the State Nursing Board and not necessarily the least expensive or cheapest attorney. Do your homework and retain an attorney who practices primarily before the State Nursing Board, there are usually several in any given state. I get calls from nurses who go with an attorney just because the initial fee was so cheap only to find the representation, counseling, and advising isn't that great. Retain an attorney who lives, breathes, sweats, and bleeds license defense and has represented  a lot of nurses. License defense is a cross between criminal defense and family law because the stakes are high and the emotions run even higher. Criminal law, family law, and license defense are intense but guess what Hot Mama (that's me) is intense also.

Also, I can't spend an hour in-person or by phone with a prospective client; unless you are paying me for my time. I offer legal consultations.

Nurses, you don't work for free as a nurse so don't expect me or any other attorney to review a shitload of documents (35-45 minutes plus any research time) and tell you your options and next steps on how to proceed and what to expect over 45-60 minutes "at no cost" as an attorney. Just the facts: this isn't a solid business model for a solo attorney and although I have found my passion, I am in business to make money (I have to pay bills too) and provide needed and necessary services to nurses.

I receive on average 35-60 calls and emails from nurses in Ohio, Kentucky, and/or Indiana who have pending issues with the State Nursing Board MONTHLY. If I (or my paralegal) spent 1 hour with each prospective client (who may or may not retain me) how could I work for my clients who actually pay me to provide them services? Just between Ohio, Kentucky, and Indiana, there are over 11,000+ complaints filed in a fiscal year, every year. Nursing malpractice and negligence complaints "go to your room" and take a nap because State Nursing Boards complaints are "in the house."  

We have free will and if you decide to proceed pro se in a State Nursing Board complaint, I sincerely hope and pray things turn out all right and okay for you. I pray for myself, my clients, and all of us as nurses.

Sometimes it turns out okay for nurses who represent themselves in State Nursing Board cases; others are not so lucky. The landscape is changing before State Nursing Boards in Ohio, Kentucky, and Indiana; I can feel it like DMX.    http://www.youtube.com/watch?v=I0nAjxPV-E8      

I see it and I am living, breathing, bleeding, sweating and practicing it daily; you can't say the same when you represent, counsel, and advise yourself in a matter which can/may break your nursing career.

 

OBN E*News 04/17/2012: Interpretive Guidelines Scheduled for Review

OBN E*News 04/17/2012 -Interpretive Guidelines Scheduled for Review

Three of the Board of Nursing (Board)'s approved Interpretive Guidelines are scheduled for review by the Board at its May 17 & 18, 2012, meeting.  The Board will consider re-approval of the Interpretive Guidelines in addition to any needed revisions to the Interpretive Guideline content.  In preparation for the review, the Board is seeking public comment concerning the respective Interpretive Guidelines.  To facilitate timely provision of public comments to the Board, written comments should be received at the Board office by the close of business Monday May 14, 2012.  Comments and supporting material may be sent by email to:  [email protected], or by U.S. Mail to the Board's office located at 17 South High Street, Suite 400, Columbus, Ohio 43215.  The subject line of the email or the U.S. Mail envelope should specify "Interpretive Guideline."  The Board will review and consider written comments received by the aforementioned date prior to determining re-approval of the Interpretive Guideline.

The Interpretive Guidelines scheduled for review and attached to this eNews are:

1.  The Registered Nurse's Role in the Care of Patients Receiving Intravenous Moderate Sedation for Medical and/or Surgical Procedures
2.  Registered Nurse's Role in Emergent Intubation Performed by a Physician
3.  Role of the Registered Nurse in Providing Bariatric Care by Filling and Unfilling a Client's Surgically Established Gastric Banding System

These Interpretive Guidelines are also available for review on the Board's website:  www.nursing.ohio.gov in the "Nursing Practice" section.  Also available in that section is the companion document "Introductions: Utilizing Interpretive Guidelines."  In approving or re-approving Interpretive Guidelines the Board is not introducing a new policy but is giving licensees specific instruction regarding their obligations under existing law.  An Interpretive Guideline is not a regulation of the Board, and does not carry the force and effect of law.  An Interpretive Guideline is adopted by the Board as a guideline to licensees who seek to engage in safe nursing practice.

 

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You can now follow the Board on Facebook and Twitter.
http://www.facebook.com/pages/Columbus-OH/Ohio-Board-of-Nursing/151746234862913
http://twitter.com/OhioNursingBd

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.

 

Five 20s: Transforming My Life and My Law Practice

Happy New Year!

I am not posting as much as I used to on the blog because I am working on new plans for the direction of my law practice and career. It will still involve nurse licensure defense but I am planning to significantly decrease the amount of license defense cases I take and concentrate more on working with nurses who are self-employed and business owners and work on more educational ventures for nurses.

Licensure defense work is stressful for lawyers. However I am a nurse first who also just happens to be a lawyer therefore a 100% nurse license defense law practice for me is akin to triage  with bandaids and bottled water on a battlefield with heavy artillery in a Civil War that never ends.

I describe nurse license defense as administrative law with a twist of family law drama and a lot of criminal law "type implications and consequences." Defense Attorneys whether administrative, civil, or criminal can attest to a everyday law practice; just ask.

After 10 years of license defense practice, I am plotting a new direction with my career in 2012. Right now, I am about 90-95% nurse license defense in my law practice. My goal is:

* 20% license defense;

* 20% consulting;

* 20% working with self-employed LPNs, RN, and APRNs as nurse business owners; and

* 20% coaching; and

*  20% legal risk management and education for nurses.

What does Five 20%'s mean? I know how to make money and run a business, provide services, think outside of the box, and have fun while I am doing it. So for me it means I am going to do what ever the hell (with the grace of God of course) I want to do in my 40s with my degrees, credentials, education, and experience; this is what is means practically.

This case below illustrates to me why I want to do more out of the box services and products in nursing:

See this article:http://www.daytondailynews.com/news/dayton-news/starvation-case-shows-abuse-in-state-system-1309284.html

Nursing in 2012 isn't nursing in 2002 or 1992: there is more potential for nursing malpractice, discilinary action against the license, workplace issues, and criminal implications for us as nurses. We need to educate ourselves on these risks, liabilities, and legal issues to protect ourselves and document the patient care provided.

This year don't think of just New Year Resolutions. Resolve to rethink and then transform your life and your nursing career; this is your next phase of evolution.

Honestly, my nurse license defense law practice is my niche and it is my baby. It really is and I know in my heart it will always be more than 20% and probably more like 40% to 60% of my law practice from now and until I pass away at my computer sending an email. I can dream and I can plan can't I? However I am planning to do more in my law practice to assist nurses and nursing students on the front end and proactively rather than reactively going forward in 2012 and beyond. 

State Nursing Board Non-Compliance: If It Ain't Rough, It Ain't Right!

Thank you again to a client who had to remind me three times, yes three times to change the picture on my blog and facebook pages. I have lost a lot of weight (almost 60 pounds) and I am wearing my hair differently, so here is my new picture. 

The law practice has been extremely busy this year and thank you again to those of you who retained my services. I am noticing over the last few months, the Board cases are becoming increasingly more complex with personal, mental health, impairment, practice, or criminal aspects. 

I reviewed and revised my Legal Services Agreement to reflect the changes I am seeing in my law practice. 

1. I fire clients more readily now than in the past for not providing us with the requested information in a timely manner because this slows down the processing and reviewing of information and can lead to me being unprepared for a hearing, investigative meeting, appearance, etc. If you want a lawyer who will forget you were supposed to send in your performance evals, update your prescription meds, etc., then don't retain me. I will remember, there is a task in my project management software, AND it is in my hand-written and barely legible notes. 

2. I have a paralegal who works with me part-time and her role is exclusively Client Service, Management, and Scheduling. This has been wonderful! Thanks, Dani. 

3. I like what I do and I like who I am. Therefore I am announcing: I am a workaholic and I am proud of it. No excuses anymore like "oh, it is the nature of the beast" or "I really don't work that hard." I do work hard and I enjoy it. Therefore I am looking for another part-time paralegal to work Monday, Friday, Saturday, and Sunday in the afternoons. Also my boss is nuts and she keeps giving me work at all times of the day. 

4. Non-compliance, non-compliance, and more non-compliance. Are you non-compliant? Hell, I am non-compliant with my personal monitoring.  

If you are struggling with State Nursing Board probation and monitoring or compliance with an alternative to discipline program, get some help. Retain a lawyer to assist you. I receive more and more calls related to compliance issues than I used to because non-compliance with a contract results in breach of the contract, i.e. the suspension of a license or the inability to practice nursing. 

Why would you hire a lawyer after you have resolved your State Nursing Board case on your own? Because you need help, because you don't really understand why or what you signed and initialed fifty times, or because you have a few extra thousand dollars in your night stand. 

Life happens when you are being monitored by the State Nursing Board. Things will come up and down during a 1 to 5 year period you are being watched by the Board. Who are you going to call for assistance? Your State Nurses Association, Your Union, Your Employer, or Your Cute Lawyer. Look at my current picture and tell me who do you want to call? Call me. 

I revised my legal services agreement because in the future, I am executing another flat fee agreement when patterns of non-compliance emerge. My best friend says "if it ain't rough for some, it ain't right." This should NOT be your Motto during State Nursing Board Monitoring; maybe in other contexts but certainly not in the healthcare licensing setting.  

5. Nurses, Self-Employment, and Private Practice

I am being contacted by more APRNs in Ohio, Kentucky, and Indiana who own their own business or are planning to provide primary health services. Please keep in mind when you open a business providing healthcare services, you will need a general business attorney AND an attorney like cute lawyer to help you with nursing law, regulatory compliance, and risk management. 

I am seeing more self-employed nurses who open shop and just practice. You do so at your own peril because healthcare is highly regulated and you are assuming too much unnecessary risk, exposure, and potential liability. Yes, it costs money for specialized legal services but it is a cost of doing business in healthcare. I see this with Independent Providers, RNs and LPNs in Ohio also as well as CNS and RNs who own businesses. You cannot practice in your business and run your business without some type of risk management and regulatory compliance plan. You can but the consequences for nurses are swift and cold.

 

 

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?

Nursing 911! for Legal Matters: 24/7/365 for Ohio, Kentucky, and Indiana Nurses. 513-400-4053

Finally!!!!

I have a twenty-four hotline for RNs, LPNs, and nursing students in Ohio, Kentucky, and Indiana who are looking for legal assistance and representation. It is called Nursing 911! for Legal Matters. Not to be confused with Reno 911! Actually, I LOVE Reno 911!

This telephone line is answered by a virtual receptionist 24 hours a day, 7 days a week, and 365 days a year.

What is a virtual receptionist? A trained professional who answers a telephone line and who is usually physicially located in another city or state from the caller.

Nursing 911! for Legal Matters is only available for nurses with nursing law, State Nursing Board, legal, professional practice, and other matters in Ohio, Kentucky, or Indiana. I am licensed to practice law in Ohio, Kentucky, and Indiana only and cannot provide legal representation before other State Nursing Boards.

If you are looking for assistance in the 47 other states, see www.taana.org.

Nursing 911! for Legal Matters: 24 Hour Hotline Number is 513-400-4053

Call the Hotline and you will hear an announcement.

You will then be transferred to a receptionist who is available 24/7/365.

Provide the receptionist with the following:

1. First and Last Name

2. Mailing Address

3. Telephone Number(s)

4. Email Address

5. Information about your legal matter.

This information is then relayed to my staff and we will f/u with you.

 

A. Does this mean you are my attorney?

You are kidding me, right? No. This is your opportunity to provide me with information about your case to determine if I can assist you. It also allows you to determine whether or not you want to retain my services as your attorney.

B. Can I fax you information?

You are kidding me, right? Yes. My fax number is 888-580-1119.

C. I do not have access to a fax machine, what do I do?

You are kidding me, right? You can scan/email documents to my attention at [email protected]. Most local print shops, Fed Ex Kinkos, and Staples/Office Depot have fax machines.

D. Is this a free service?

You are kidding me, right? Yes, but there are limitations because it is free and I still haven't paid my Direct TV bill from July. This provides a 15 minute telephone appt. with me to discuss your case/circumstances/issues. Just 15 minutes. After you call and provide your contact information to my receptionist, if you like, you can schedule your 15 minute telephone appt. with me at:

http://www.tungle.me/latoniadenisewright

E. Is this also a cell phone number?

Yes, this is also a cell phone. You can also text your information (the information to be provided to my receptionist) to my office at 513-400-4053,  24/7/365. My office will then f/u with you.

 

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