Nursing Law & Order

Board Investigators and Compliance Agents are NOT contacting you to play Pat-A-Cake!

What is Pat-a-Cake? https://en.wikipedia.org/wiki/Pat-a-cake,_pat-a-cake,_baker%27s_man

Do you know how to patty cake? If not, see https://www.youtube.com/watch?v=yULp0Vnzblc

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You receive an email from "Agent Smith" with State XY Board of Nursing who wants to speak with you immediately.

You are nervous, getting anxious and don't know how to proceed. Do you call Agent Smith now? Do you respond to Agent Smith's email? It is only 5pm, so do you meet with Agent Smith at 7am tomorrow morning at your local library as requested? https://en.wikipedia.org/wiki/Agent_Smith

If you are called, emailed, or receive written correspondence from a State Nursing Board Compliance Agent, Certified Nurse Investigator, or Investigator, you need to consider the following before you respond:

 

1. Should you speak with a license defense attorney first?
2.  Do you have professional liability insurance with a license defense protection benefit? If so, you should contact your insurance company for assistance on how to proceed?
3. Why is the investigator contacting you? What happened? Start collecting your thoughts now so that you can be prepared to speak with an attorney, your insurer, or your mother about how to proceed. 

Really put some thought into how you want to proceed instead of acting on impulse and instinct in these situations. Don't have money to retain a lawyer? Try paying for a telephone consultation with the attorney. 

A State Nursing Board Compliance Agent or Certified Investigator conversation is not the same as speaking with a cashier from the self-check out at Walmart. You are the subject of a licensing board complaint. The conversation is more formal and the process is adversarial, although you may or may not realize it! Agent Smith is not calling you to patty cake!! 

 

 

Retaining a Lawyer to Defend Your Nursing License: Do you want to hear you are a Good Girl or the Best Boy? No, Say Give It to Me Hard!

Please remove your mind from the sewer!

How do you know who is the "right" attorney to represent you before the State Nursing Board? Do you just flip a coin and hope for the best? Are you looking for a warm and fuzzy feeling from the attorney? 

My suggestion would be to research the attorney and the law firm and make an educated decision on how to proceed. You may also want to speak with the attorney at length or in-person to further discuss your case. 

If you call my office and you "slam" your previous or current "license defense attorney" chances are (9/10), I am not going to represent you. Why? Because you are probably going to slam me in the future also. Also there is 3 sides to every story (the truth being usually somewhere in the middle of two extremes) and you are providing me with just your story.

Please do not call my office and say your previous or current attorney "f*cked up your case" because I do not or will not have a response. Okay, I will have a response; I may chuckle at your candor or may say "okaaaaaaaaay" or "wow" because I am abstaining from profanity professionally and personally. 

When I work with an attorney and I have several who counsel and advise me in personal as well as professional matters, I always tell my lawyers to "give it to me hard" and to provide me with the worst case scenario and the best case scenario. If I want my hand-held, I can call one of my best girl friends; I do not want my lawyers to hold my hand. Most lawyers have cold hands anyway; no pulse. Just kidding! 

I am a counselor at law (baby) not a professional counselor or licensed mental health, marital, or chemical dependency counselor or counselor assistant; although I certainly feel, express, show, and have empathy, sympathy, and compassion for my clients, prospective clients, or any tespondent in a State Nursing Board case.  

I don't sugar coat my representation, counseling, and advising of RNs, LPNs, APRNs, nursing students, and NCLEX-Applicants and I don't want an attorney assisting me sugar-coating my situation, case, or circumstances. If I want to be placated, I can call my maternal or paternal grandmothers. They will certainly tell me "it is going to be okay" and you are still grandma's good girl. 

Defending nurses requires sometimes that you tell folks, "this is ugly" and this is what we are looking at with the State Nursing Board. Sometimes I have to tell nursing students, nursing is not for you, IMO, based on your criminal convictions because what employer is really going to hire you even if you manage to get through the background check for admission to nursing school and for entry to clinical sites.

Sometimes, I have to tell nurses who are renewing their license to "buckle their seat-belt because the road is going to be bumpy for a while." This is my job and my role as a nurse license defense attorney. 

If you want to hear you are wonderful, you followed all the policies and procedures as well as all of the nursing practice standards with your actions or inactions, you have the "perfect" nursing practice, you are the "best" nurse you can and ever will be right now, and there is "nothing" you could have done differently under the circumstances in the incident leading to your State Nursing Board complaint, then you probably should not retain me. 

You do not want an attorney to cuddle you, do you? You don't want a lawyer to slap your face with your case file but you do not want the other extreme either, do you? I am sorry (no, I am not but I like to say I am sorry now because it makes me feel good) but I don't tell you what you want hear; we are not married.

As a licensed attorney, I have ethical and legal obligations in the attorney-client relationship and most importantly I have to be true to my calling in Christ. Being true means giving my objective, gut, honest, and researched assessment and review of case and sometimes, a lot of times, it may be difficult for a client to accept depending on the facts of the case. 

For example: 

1. You are looking a suspension of your license in this state;

2. You are more than likely looking at probation and monitoring with employment restrictions;

3. You are looking at Board monitoring in an alternative program or in a disciplinary program; 

4. You committed a crime and probably will be charged and subsequently indicted for one or more felonies;

5. You are looking at permanent practice restrictions in Ohio more than likely because; or 

6. You are looking at a permanent revocation of your nursing license in Ohio. 

There is always a but, however, maybe, or moreover and THIS is why you need to retain an attorney to counsel and advise you on realistically what are your options with respect to nursing career. 

$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. 

DIY: Do It Yourself is for Yard Work Not a State Nursing Board Case

I am a DIYer. I work in my yard daily. I cut my grass, clean and sanitize my swimming pool, hot tub, and swim spa (I love water; I am a Cancer) and maintain my yard at my primary residence. I don't like to do the trim or use the blower but I grin and bear it. I use the self-propelled push mower on my front yard and the slopes in my back yard. I have a riding lawn mover for the remainder. It takes me about 2-3 hours to cut my front and back yard weekly but the workout is to die for and I take pride in the appearance of my yard. 

I am staining the lattice on my deck slowly but surely over the next two weeks although I had someone stain the rails, balusters, and flooring for me as well as paint the concrete around my swimming pool. I repaired my dog fence after the underground wire was cut by my fence installer last week. I pay someone $25.00 a week to cut the grass at my office. I do not open or close my swimming pool; it would take me about 6-8 hours by myself. 

However there are just somethings that I do not do because it is not efficient for me to do so (like cleaning my home and office; although I like to wash walls and scrub woodwork) or it is beyond my level of skill or common sense. I pay my cleaning lady before I pay my mortgages; it would take me at least 8-10 hours a week to clean my home and office. Just mopping and waxing the hardwood floors on two levels of the house takes about 4 to 5 hours. 

For example, I don't do my own taxes or accounting although theoretically, I could learn.  I have an accountant and bookkeeper. I don't do my own legal work; I have a civil attorney and an attorney I consult with for ethical, practice, and contractually matters. I have a financial planner and I am working on finding a local business coach. I don't have a criminal defense attorney yet, but if I need one, I know who to call to represent me. No plumbing, no sewing, no electrical work, and no premarital sex. Okay you just woke up didn't you? 

I am wearing my hair natural and therefore I wash and two strand twist my own hair because I swim almost daily; I see my stylist once a month to trim my ends and to deep condition my hair. I do as much for myself as I can as allowed by my schedule, endurance, and pocketbook. Yes, I am old school; I have several pocketbooks.

I do not wash or wax my vehicles but I do wash and wax my bike and dogs (sometimes; Luke is huge and sometimes it is easier on my back to take Luke and Leia to the groomer and also checked by their vet, Dr. Lisa. My dogs have allergies, a blood disorder, and are prone to ear infections. Most of the meds in my home belong to Luke and Leia. 

Why am I telling you this today? There is a thin line between love and hate and DIY and paying for a service. DIY is for yard work and personal chores and should not take the place of receiving professional and objective advice, counseling, coaching, and representation. 

A lot of nurses, nursing students, and NCLEX-Applicants DIY with the State Nursing Board. Sometimes it works out and sometimes it doesn't. Do you want to take a chance and gamble with your license, livelihood, and nursing career? DIY means you are representing, counseling, and advising yourself before the State Nursing Board, i.e. you are proceeding PRO SE.  

It always surprises me that nurses as educated and licensed professionals will spend tens of thousands of dollars to attend entry level and graduate nursing programs and then balk at spending a few hundred or thousand dollars on legal advice, counseling, and representation in a State Nursing Board disciplinary investigation. I always here "if I would have known I needed an attorney or IF someone would have told me I needed an attorney...."

If "if" was a Fifth (of the Wild Irish Rose) we would all be drunk.....is an slang idiom I heard someone say just the other day as I rode my bike to the post office. I love my bike. 

If I had hired a nurse license defense attorney in the beginning......

If I had consulted with a license defense attorney before I signed the Ohio Nursing Board Consent Agreement....

If I had talked to a nurse license defense attorney before I submitted my Renewal Application to the Ohio Nursing Board....

If I had retained an attorney to work with me while on probation and monitoring with the State Nursing Board.....

If I had consulted with an attorney before I submitted my Application for Licensure by Examination to the Ohio Nursing Board....

Don't DIY before the State Nursing Board; Consult with and retain an attorney with experience defending nurses before the State Nursing Board to assist you ASAP. Use your common sense; you know when you need assistance, guidance, and counseling don't you?  

Law Firm Brochures now available in Candy Land; Email or Text Me Sugar Drop!

I am offering two updated law firm brochures for nurses and these are available to individual nurses and nursing students who need legal assistance. The first brochure discusses the difference between a legal consultation vs. legal coaching vs. traditional legal representation. The second brochure reviews State Nursing Board complaints. 

If you would like a brochure, send me an email at [email protected]. Include in the email your full name, mailing address, and State of Licensure(s) and I will email the brochure(s) to you. 

These brochures are for nurses who need assistance before the State Nursing Board; my brochures are not for attorneys who are trying to break into the nurse license defense market by poaching articles, website information, and other documents from more established attorneys and their law firms.  

The lyrics in one of Top 10 favorite rap songs says "there is evil in the streets and everybody is starving..." Some attorneys are starving for clients similar to "The Walking Dead" zombies and will do anything to obtain clients. Please don't call me on Sunday from 7pm to 10pm because I am watching The Walking Dead!

What is anything?

IMO, anything is representing a nurse before the State Nursing knowing full well the attorney is not familiar with the process and procedure and cannot adequately counsel and advise or defend the nurse. Anything is taking a case because it is "just a State Nursing Board case" and how difficult can it be anyway as you took an "admin law" course in law school and one of your uncle's babies moms is a physical therapist and in nursing school. Anything is saying you have represented nurses before (implying you have represented nurses before the State Nursing Board) when what you really mean is you have done wills, trust, personal injury, and/or divorce cases for a RN, LPN, APRN, or nursing student. 

I had planned to post my two updated law firm brochures online but I decided not to because there is an attorney who has copied and pasted information from my law firm website, www.nursing-jurisprudence.com to his/her website which IMO shows a lack of ethics, civility and professionalism. Also it is just plain tacky.

Just ask me can you copy and paste the info and I would 9 times of out 10 say "yes" because it is just not that serious and I like to help other attorneys if I can; I am a helper and often I help until it hurts. Oh, snap, of course I help until it hurts, I am a nurse. 

Nurse license defense is very small Bar and niche area of practice in Ohio, Kentucky, and Indiana. I can count 4-8 lawyers in Ohio, 2 in Kentucky, and 1 in Indiana who I know practice from day to day in nurse license defense or health care professional license defense work and who I would have defend me before the State Nursing Board if I accidentally and without specific intent slapped someone in the face for stealing my material.

Bit of Advice: Once you get a "rep" as being a bottom feeder, borrowing material and holding it out as your own, and/or engaging in other questionable behavior in nurse license defense; it follows you for the remainder of your admin law practice.  

I don't stick my feet in criminal defense, wills and trust, personal injury, workers compensation, or other areas because my cup of Lipton tea, bread and butter, and WC coffee heavy heavy is nurse license defense. If you are an attorney and you are taking on your first State Nursing Board case; then say so to a nurse contacting you for assistance and co-counsel with another attorney or at least allow your client to make an informed decision on whether or not retain your services.

Nurse License Defense is a mixture of admin law, civil law, family law and criminal law and the implications for dropping the ball are vast. You can screw up and extinguish the ability to earn a living, pursue higher education (BSN, MSN, etc.), become an advanced practice nurse, and smother their aspirations, dreams and hopes by having a nurse sign Board of Nursing, Consent Agreements, Consent Decrees, and Agreed Orders if you cannot adequately inform the nurse or nursing school graduate of their options and the implications of signing on the dotted line.

These are not CANDY LAND cases, Sugar Drop! Candy Land is described as a simple game. 

http://en.wikipedia.org/wiki/Candy_Landhttp://en.wikipedia.org/wiki/Candy_Land

Nurse License Defense is anything & everything but simple! 

 

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. 

I will be in Cleveland, Ohio this month meeting with law firm Clients for three days

I will be in Cleveland, Ohio meeting for three days meeting with several of my law firm clients this month who live in the Cleveland, Ohio area. 

Do you have a pending complaint with the Nursing Board?

 

Has your nursing license been disciplined in another state and you want to know what to expect with the Ohio Nursing Board? 

 

Have you been treated or diagnosed with a substance abuse disorder and you want counseling and advising on your next steps?

 

Do you have a workplace or nursing practice issue you want to receive objective advice and counseling regarding? 

 

Have you been told that you will be reported to the Nursing Board and you want to know what's next? 

 

Are you on probation and monitoring with the Nursing Board?

 

Is your nursing license suspended an attorney to review the terms/conditions for the reinstatement of your license with you? 

Will you have to disclose a criminal conviction(s) on your 2013 RN Renewal in Ohio and you want to know how this will impact your license?

Then you should consider a legal consultation. See the attached document for additional information about legal consultations. A legal consultation is a one-time meeting for us to review your case, situation, and matter and to discuss your options.  Download 2013legalconsultations

There is a charge for a legal consultaiton. I do not offer free legal consultations.

If you want to schedule a date/time to meet with me to discuss or review your case while I am in Cleveland, Ohio please email me at [email protected]. 

 

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? 

 

 

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. 

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

 

Like Yesterday, Nursing Board Compulsory Examinations and the definition of Routine, Ordinary, Common, or Mundane

If you look up the words ordinary, common, routine, or mundane in any dictionary, you WILL NOT see "State Nursing Board Compulsory Order for Examination" as an example.

Why? There is nothing ordinary, common, routine, or mundate about a Compulsory Order for an Examination.

It is usually written in the Nurse Practice Act that a State Nursing Board can order a licensee or applicant for licensure by examination for a compulsory examination or order, at the expense of the licensee or applicant being investigated by the Nursing Board may have a physical or mental impairment that MAY affect the ability to practice nursing safely.

In Ohio, see ORC 4728.28(G).

Therefore let's say today you open your mail and you find a Compulsory Examination Order from the State Nursing Board ordering you to submit to:

1. Forensic Psychiatric examination;

2. Medical Examination;

3. Behavorial Examination;

4. Substance Use and Abuse vs. Dependency examination;

5. Neuro-Psychiatric examination; or

6. Psychological examination like a Fitness for Duty

then you need to:

1. Review the document carefully;

a. Sit down and take a cold shot of H20 on the rocks to clear your head;

b. Re-read the document again because I know you didn't read it carefully.

2. If you are represented by an attorney, contact your attorney and discuss; or

3. If you are not represented by an attorney in the Board investigation, you need to speak with an attorney like yesterday.

These Orders for Examination are the real deal. Yes, I know you are a nurse and maybe in one of your nursing roles you were involved in administering, observing, or reviewing these types of examinations for patients, but.....

Ask yourself, what would a reasonable and prudent nurse do at this point in a disciplinary investigation when you receive this type of Order for an Examination/Evaluation?

Do you continue to rep yourself? There is nothing wrong (or wright) about repping yourself before the State Nursing Board. It saves a dollar or two and you can then spend this dollar or two at Walmart, Target, or Lowes. I am all for repping yourself and I advocate repping:

a. Your hood (you can do this with a block party or garage sale. Invite me, please!);

b. Your block (you can do this with a swim party, block party (with a permit), or yard sale); and

c. Your City (next time you are at a professional function, wear a t-shirt saying "I love Columbus, Ohio" or the "Cincinnati Bengals  Superbowl 2020).

But repping yourself in any legal matters can be a train wreck waiting to happen.

You only have one RN or LPN (with State Nursing Board A) and when this license is investigated and you receive an Order for a Compulsory Examination/Evaluation, is saving a dollar or two in the best interest of your nursing career, future employability, future plans for nursing education, and your sanity.

For example, I received three certified letters from the IRS that were not delivered yesterday because of my two horse like dogs which roam the yard stalking birds, bees, and anything that moves. I went into overdrive and contacted the IRS about my estimated taxes for 2011 and whether or not full payment was received for my 2010 tax liability. But I thought about the worse case scenario: Oh frack, I am being audited for 2011! My first thought was will I use my acountant or retain a tax attorney now: like yesterday.  Certified letters from the IRS means "hear ye hear ye" for me as small business owner and attorney just like a Notice of Complaint, Potential Violation Report, or Compulsory Exam Order from the State Nursing Board means "hear ye hear ye" for a RN, LPN, APRN, or RN or PN NCLEX Applicant.

You have to be able to appreciate the best and worst case scenario for any workplace, licensure, legal, or State Nursing Board issue and sometime this requires the assistance of legal counsel for informed decision-making: like yesterday.  I appreciated the best/worst and WTF scenarios from my certified letters from the IRS; the letters are related to my 2010 tax liability and estimated tax payments from 2011.  

When you receive certain items, documents, or information by mail that impact you as a professional and your livelihood as a licensed professional, your natural instincts should flare up and you should go into hyperdrive like the Death Start from Star Wars in less than 10 seconds and start critically thinking about your next steps.

For nurses: it is a medical mal complaint naming you individually as defendant (because you probably do not have your own liability insurance policy), criminal indictments, certified letter from your employer after you have been suspended from work pending an investigation, letters from the State Attorney General's or Department of Health related to a workplace incident, and State Nursing Board Complaints and Compulsory Examinations/Orders.

You have critical thinking skills (if you don't email me and I will send you an invoice to pay me to help you develop those skills) so use those skills to critically think and be objective about your situation. There is nothing routine, ordinary, common, or mundane about receiving a Compulsory Examination Order from your State Nursing Board and the fact that this is "lost" of most nurses and NCLEX Applicants is troubling and speaks volumes to where we are as profession with knowledge and education of the intersection of the nursing law and professional standards of practice and the practical applications in the workplace.

 

 

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

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

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

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

See ABA Model Rule 6.1 which states in part:  

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

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

(1) persons of limited means or

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

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

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

The nurse told me the following immediately:

1. I have no money;

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

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

I told the nurse immediately:

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

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

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

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

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

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

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

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

Okay so here it is:

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

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

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

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

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

I am on board with my nurses until:

a. They fire me;

b. I fire them; or

3. Attorney or Client dies. 

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

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

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

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

Racks on Racks on Racks!

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

Racks on Racks on Racks!

2. Do you as a nurse work for free?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thanks, Jack "The Smack" Stem at http://www.peeradvocacyforimpairednurses.com/why.html for emailing this to me yesterday.

Everything that has a beginning has an end, Neo. http://www.youtube.com/watch?v=orXDu3Stb-c

The Ohio Medical Board issued a resolution regarding prescription drug abuse last week.

See http://www.med.ohio.gov/pdf/PrescriptionDrug%20Abuse.pdf.

See also http://www.zanesvilletimesrecorder.com/article/20110311/NEWS01/103110309/DeWine-Ohio-medical-board-must-fight-prescription-drug-abuse-harder for an idea of what's coming for licensed healthcare professionals with prescriptive authority like MDs and APRNs.

Why is this important for nurses?

* Nurses who are prescribed controlled substances by their physicians or APRNs and practice nursing. Its a balancing act yet I don't think there is an appreciation of the risks and liabilities for nurses who take "prescribed" controlled substances and then report to work or who take meds while at work; and

* APRNs in private practice or who work for/with docs in private practice and have prescriptive authority. The State Medical Boards and State Nursing Boards go hard in these cases and unfortunately the majority of docs and nurses will represent themselves with the "I didn't do anything wrong" defense.

More about the "I didn't do anything wrong defense" and how it applies to me this week.

Guess what? I saw this coming two years ago and put together a webinar sponsored by the Center for American Nurses titled:

A Balancing Act in the Workplace, Managing the Risks When a Nurse Takes Prescribed Medication

This is one of my fav. Center webinars and I provide this CD to clients.

See http://www.can.affiniscape.com/storelistitem.cfm?itemnumber=13

What are you saying LaTonia? Just give it to me straight without the legal mumbo jumbo.

If you are a nurse (RN, LPN, and APRN) and you are prescribed controlled substances for chronic pain, a nurses back, etc.; is this affecting your nursing practice? What are the risks and potential liabilities for you and your nursing practice? Remember you are your own risk manager on Nursing Law & Order; this isn't Nursing Law & Disorder, not yet anyway.http://advocatefornurses.typepad.com/my2cents/2011/03/the-plan-do-you-need-assistance-with-revising-reviewing-or-developing-the-plan-we-can-help.html

If you are APRN with prescriptive authority, what does this mean for your nursing practice? How can you develop strategies to protect your nursing practice and your nursing license with the "heat" being placed on prescriptive drug abuse?  http://advocatefornurses.typepad.com/my2cents/2011/03/the-plan-do-you-need-assistance-with-revising-reviewing-or-developing-the-plan-we-can-help.html

Allegations involving the inappropriate prescribing of controlled substances are complex because multiple state, federal, and/or national agencies or groups are involved on various levels. The implications for MDs and APRNs who prescribe and for LPNs, RNs, and APRNS who use controlled substances and practice are really starting to take shape in the last 3 years. Get ahead of this issue if this applies to you and your nursing practice, its risk management, baby!

This isn't an issue where you want to be caught with your pants down with the pics on FB and the video U-Tube. Be proactive and manage the risk and if you need assistance managing the risks, seek assistance. This is just how licensed healthcare professionals should roll!

 

 

 

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

Nurses if you have been charged or convicted of a DUI, OVI, or DWI and you have to renew your Ohio RN license, Indiana RN license, and/or Kentucky nursing license (RN or LPN) this year, consult with an attorney.

Schedule an appt. with a nurse license defense attorney to discuss your situation before you self-report to the Ohio, Kentucky, and/or Indiana State Nursing Boards. This isn't legal advice because you didn't pay me to say this its just plain common sense.

Why would you self-report "anything" to the State Nursing Board without speaking with a nurse license defense attorney? Okay, I know I am biased but really? Would you walk into a police station and "confess" and admit to committing a crime verbally and in writing? Probably not, so why do nurses self-report to the State Nursing Board when anyone and everyone including but not limited to Direct TV  Service Technician to their friends tells them its the right thing to do. Its the good thing to do.

WTH, does that mean anyway? Save right vs. wrong for the 8 hour graduate level symposium on Ethics and Morality and Nursing's Social Policy Statement. Save good vs. evil for Sundays and you are welcome to join me at 8am service at a Baptist church.

You are not Luke Skywalker (actually Luke is here with me. My dog's name is Luke Skywalker and he uses the force on mommy) and the State Nursing Board or Alternative to Discipline Program in Ohio, ISNAP, or KARE does not represent the Dark Side of the Force. Let's turn it down a notch and focus on the issues.

1. You are a licensed nurse.

2. You were charged and/or convicted of a DUI, OVI, or DWI.

3. You may have been charged with other crimes along with the DUI, OVI, or DWI.

4. You are practicing as a nurse.

5. You are receiving more "helpful" advice from family, friends, foes, and strangers than a politician caught in a whorehouse.

Speak with a nurse license defense attorney about your situation. There are license defense attorneys in every state, see www.taana.org.

Don't fire off the 25 page handwritten letter to the Board (that you don't keep a copy of for your records) disclosing everything you have done right vs. wrong and good vs. evil since the 6th grade. 

You need advice and counseling and maybe representation. This is the role of a state licensed attorney just like its the role of state licensed nurse to provide nursing care. Don't bootleg it! 

I offer 40 minute legal consultations for nurses with licensure renewal issues. You can pay for and schedule the legal consultation online. This is for nurses licensed in Ohio, Kentucky and Indiana. I am licensed to practice law in these states only.

Also, a nurse emailed me this weekend and inquired whether I could obtain a license in State C and represent the nurse. The State Nursing Board applications for licensure pale in comparison to the Attorney Licensing Applications and the Character & Fitness Interviews. The Bar Applications make you cry like you are running a 10 mile marathon in a size 5 pump and you wear a size 10, in gym shoes. Yes, we have to interview!!!!

I have NO plans to sit for another bar examination or regurgitate every speeding ticket since age 16, discuss my credit report and score and why I was late 30 days late paying my Spiegel's charge 20 years ago (I loved Spiegels), and disclose every civil, criminal, administrative matter, case, issue, or thought or anything remotely legal (this includes purchasing a hotdog at the food stand next to the court house) and not to mention mental health issues on a State Bar Application for Licensure as an Attorney. 

When I say NO plans, I mean never ever neverland Peter Pan. Three Bar Exams, Three Bar Apps, Three Bar Charter & Fitness interviews, and Three times passing the Bar on the first try. I am stopping while I am ahead.

I am sure you have heard of Death by Meeting? Okay, I am writing an e-book titled DEATH by Evaluation and self-reporting is Chapter 1.  

Why? Hell just from my posts on this blog, I am sure the Bar Examiners if I wanted to apply for a law license in another state would want a psychiatric evaluation (forensic nonetheless) and maybe a fitness for duty  (I am sure my employer would not object:) not to mention maybe a chemical dependency evaluation because of my references to Long Island Iced Tea, Moscato, Bartles & James wine coolers (traditional, berry, or strawberry), Miller Lite and Miller Genuine Draft vs. Bud Light vs. Keystone Light (hint: only if your money "ain't" right this week) and my fav, Martini & Ross Asti Spumante over the years.  Also I have lost 35 pounds since November 2010 so they may want a medical evaluation or a return-to-work evaluation (before I can step foot in my home office or my traditional office) as well. After speaking with one or more of my clients, they may also want a behavioral examination.

Okay, I am just kidding here but you get my point about self-reporting without obtaining objective advice and counseling, right?

Oh, snap, the link for the License Renewal Application consultations:

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

The cost of a 45 minute legal consultation (conference call) for 2011 nursing license renewals in Ohio, Kentucky, or Indiana is $225.00.

 

The Good, The Bad, The Ugly, and the Unrepresentable vs. Unforgiven and Unrepresentatble

The Good, The Bad, and The Ugly with Clint Eastwood and Unforgiven are two of my favorite movies.

What is unrepresentable? Well, first it is not an acceptable word but that has never stopped me before....

Nurses when you represent yourself for so long in:

1.  a State Nursing Board investigation, adjudication, or post-disciplinary monitoring;

2. You are involved in a med mal or nursing malpractice cases that transitions to a Board of Nursing investigation, adjudication, or post-disciplinary monitoring;

3. A criminal case that transitions into a Board Alternative Program monitoring and/or Board Disciplinary Action and post-disciplinary monitoring

you may become UNREPRESENTABLE. I can actually see this as nice legal drama and cowboy movie.

Unrepresentable means attorney representation, counseling and/or advising is of no benefit to you because of YOU; its usually not the case because all cases can be worked through, it may take time, but.... You are unwilling to see anything in the case but your own point of view. Most of the time it involves taking a victim approach and that you are being picked on for whatever reason by whomever and "this" is the result.

There is also a tendency to see everything as "Me against the State Nursing Board." Sorry, but you are no Tupac and "Me against the World" has no place or meaning when defending your license in a disciplinary investigation, hearing, or post-monitoring period. http://en.wikipedia.org/wiki/Me_Against_the_World

I am seeing this with nursing students, NCLEX Applicants, LPNs, RNs, and APRNs who have represented themselves over a period of months or years in State Nursing Board cases and who really would have been benefited from legal representation and counseling and advising earlier: days, weeks, months, or years earlier.

I don't think a nurse can appreciate just how much impact these types of cases can have on you until it happens to you. You of course take it personal but its not personal; its a complaint against you in your professional capacity and therefore it should be handled professionally. This is why you don't represent yourself and you have someone helping you.

However, the benefits of representation, counseling, or advising are lost in the present and the "now" as well as in the future because of the past. We all have crap in our closet that we don't want to come out (you are not perfect) but if the crap in your closet is directly or indirectly related to the State Nursing Board complaint, guess what? The closet has to be cleaned up somewhat. I like to use a cleaning combination of bleach, holy water, and baking soda.

I don't have a "S" on my chest. But I do have a pair of red boots and you certainly won't catch me in a Red Cape (at this time of the year anyway in the Midwest) for SUPER Nurse Defense Lawyer. But I will probably wear my red blood red cape to see this movie. http://www.imdb.com/title/tt1486185/.

Sorry, but I cannot fly (I can barely walk in my Red Hot Red Knee Boots) around the State Nursing Board Office at the speed of light and turn back time to the exact point in time where if you knew then what you know now, you would have proceeded differently before the State Nursing Board.

Some nurses do just fine representing themselves in State Nursing Board cases. But how do you know if this will be you? How do you know depending on the allegations in your case if you can adequately represent, counsel, and advise yourself before the State Nursing Board?

You don't know what you don't know until you find out you didn't know.

If you are trying to save a few dollars and you are representing yourself, read up and arm yourself with the knowledge and information you need. But, when you get to that point, where your gut and instinct says:

1. I don't know what the hell I am doing here!;

2. Your license is suspended and you don't know why?;

3. You are signing legal documents from the State Nursing Board faster than you sign and cash your income tax refund check;

4. You feel as if you are backing yourself in a corner;

5. You are unsure of what you need to do next; or

6. You are becoming overwhelmed with the process

Its time to contact an attorney now instead of waiting until you are unrepresentable. Some nurse license defense attorney won't tell you this and hell depending on how the legal fees are structured some will take your case on a hourly basis at $200.00 or $250 an hour with a 5k evergreen retainer and "go as hard as" you can afford to pay if those are your wishes. Go Johnny, Go! http://www.youtube.com/watch?v=uMY5VGYh2Go

If you are struggling in a complaint investigation pending against your licnese, obtain an objective opinion or advise from a license defense attorney about the past, present, and future of your nursing license. Just my two cents!!

You received a Compulsory Order for an Examination from the Nursing Board: Retain a Lawyer, Now!!!

I don't like to beg, but in these cases I will make an exception. Please retain legal counsel ASAP. It does not have to be me but hire a nurse license defense attorney to represent you if you receive:

1. An Order from the Kentucky Nursing Board requiring a Chemical Dependency Evaluation; or

2. An Examination Order from the Ohio Nursing Board.

A.   Schedule an appt. with a nurse license defense attorney immediately after you receive the Order to review the Examination Order and your case from Day 1 until today;

B.   Seriously consider whether or not really should be representing yourself before the Board in this case. Of course you can represent yourself and you have represented yourself up to this point BUT is it in your best interest to represent yourself going forward; and

C. I don't need a lawyer because:

1. Its too expensive.

Call around and obtain a few quotes from license defense attorneys about the cost of representation. If you need to borrow the cash, take a loan from the 401K or 403B, borrow money from your in-laws or parents, etc. just do it!

2. Hiring a lawyer make me look guilty.

Really. I am a nurse and a lawyer and if I am sued, charged, or being investigated for ANYTHING, my lawyer is involved.

Don't ask if you need a lawyer in these cases start with asking yourself why would you not have a lawyer here.

These cases are some of the most serious and priority cases before the Board because the case may suggest impairment, an inability to practice nursing safely, and other issues and you are representing yourself without  a sense of urgency.  

Hell just writing this blog post and the mention of an Examination Order from the State Nursing Board makes me nervous. I always take a deep breath and breathe slowly when I review an Examination Order from the State Nursing Board. Those docs are never nice.

You say hiring a lawyer makes you look guilty well I am honest (unless I am lying) and continuing to represent yourself in some complaints before the Board especially when Compulsory Orders have been issued is mind boggling.

How in the hell can you maintain the objectivity needed to represent yourself when an Order for a Chemical Dependency, Mental Examination, Behavioral Examination, Physical Examination, or Psychiatric Examination has been issued by the State Nursing Board?

In this cases and I am a seeing more and more and more, when I quote a fee I am going to do the following:

1. Take my usual flat fee range and multiple it by 3;

3. Substract $556.55 because the fee looks a little heavy;

4. Add the cost for extra Pepsi and Mountain Dew for 2-5 years; and

5. Divide by 1.5 which is the number of vacation days I have for 2011.  

Verified Response to a Kentucky Board of Nursing Complaint: Why is this a big deal and the real deal?

The Kentucky Nursing Board isn't playing with nurses involved in disciplinary investigation before the Board.

When you open the mail and receive the Notice of Complaint, you won't here a violin in the background and you certainly shouldn't have a picture of you and the Kentucky Nursing Board investigators meeting for afternoon tea if your investigative meeting is schedule after 12noon or chatting about the details of the complaint over coffee if your investigative meeting is scheduled in the morning.

I love it because it out there and in your face. It says Notice of Complaint and it required a Verified Response. The Board requires a Verified Response to a Complaint filed against a license within 30 days of receipt of the Notice of Complaint.

Why is this a big deal?

Well let's see. The rationale for a Verified Response to a Complaint is simply:

1. You have to verify what you are saying to the Board in response to the Complaint is accurate. No more just saying whatever to the Board.

2. The Verified Response must be notarized. This is significant because you are legally attesting to what is stated in the Verified Complaint on the date the response is notarized.

3. If you don't respond or respond with false or inaccurate information, this can lead to other alleged violations of the nursing law and rules.

Why is this a big deal?

1. This tells me as a license defense attorney that some nurses (certainly not all but enough) have been submitting statements to the Kentucky Nursing Board which are not accurate; and

2. This tell me as a license defense attorney that some nurses (certainly not all but enough) have been dishonest, deceitful, and deceptive with the Board in complaint investigations.

Dishonesty, Deceitful, and Deceptive= Dumb, Dumber, and Dumbest IMHO in licensing Board cases. This is why one should really consider having legal representation instead of representing yourself before a State Nursing Board.

Just saying anything and just putting anything in writing doesn't cut with a Verified Response to the Notice of Complaint.

Pardon my french, this is strictly my opinion, and if asked (unless I am asked in a Verified Response to a Notice of Complaint) I will lie about it; a 30 day Verified Response to a Kentucky Nursing Board Complaint, is the first step when differientating the sh*t from the shinola. http://en.wiktionary.org/wiki/you_don%27t_know_shit_from_Shinola

Its my job as a license defense attorney to do the same.

A Verified Response to the Notice of Complaint is fairly new and this isn't something the Kentucky Nursing Board has always done for years or decades prior. As a nurse license defense attorney,

I am actually glad to see the Board take this approach. Why?

a.  It impresses upon the nurse the seriousness of the Verified Response and that you can't just say anything to the licensing Board governing your nursing practice in response to a complaint filed again you with the licensing board;

b. You must respond and the failure to respond can be lead to more problems. This is common with attorney disciplinary investigations; as attorneys we just can't respond to a Bar investigation because the failure to respond is an issue in and of itself.

c. You must respond within a required period of time and the failure to respond within this period of time can lead to more problems. This is the consistent with Bar investigations of attorneys and some other licensing Board investigations.

d. The majority of nurses represent themselves in State Nursing Board complaints and having to respond with a Verified Response may cause a nurse to pause and consider the complaint and what is alleged and before drafting a 29 page handwritten response to the Complaint, seriously consider one's response and whether or not legal counsel would be beneficial; and

e. I like it because its, IMHO, the Kentucky Nursing Board's Miranda Warning who receive a Notice of Complaint. Please tell me you know Miranda. http://en.wikipedia.org/wiki/Miranda_warning.

The Board is saying "here's the complaint, here's what is required, and here's what can happen if you don't do what's required." Its out there and in your face.

Please tell me that you knew these cases, investigations, and adjudications were adversarial?

http://en.wikipedia.org/wiki/Adversarial_system

I love it because this is what a Nursing Board should do when a complaint is filed against nurse. The Board's role should be stated and again "out there and in the face" of the nurse who is being investigated. . 

I however would suggest one minor change to the Notice fo Complaint. It would be nice if the Kentucky Nursing Board ended the Notice of Complaint with "Do you feel lucky?" http://en.wikipedia.org/wiki/Dirty_Harry

Although I am just kidding of course with the Dirty Harry quote and I am adding a little humor, the Notice of Complaint is a big deal and the Verified Response required by the Kentucky Nursing Board is the real deal.