Nursing Law & Order

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.

 

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.

Client Meetings and + 1, 2, 3, or 4 friends or family members present. Where is Waldo and the dirty dirty?

Can I bring someone with me to a legal consultation?

Of course. Who you bring in to the appointment is up to you, ultimately. However, please know that there may be a point during the consultation when the attorney asks your friend or family member to wait separately during part of the consultation because their presence could jeopardize the Attorney-Client Privilege. I retained Ms. Wright. Can I can bring someone with me to my in-person meeting with her? Of course. Who you bring in to the appointment is up to you, ultimately. However, please know that there may be a point during the meeting when the attorney asks your friend or family member to wait separately during part of the consultation because their presence could jeopardize the Attorney-Client Privilege. What is the rationale? The presence of a friend, family member, colleague, partner, or spouse during initial meetings, I have found in general is helpful because these individuals can contribute significant information and details. Also these individuals are just as concerned as you are about your license, the next steps, and how long is this going to take? However, I am finding that its difficult to say "I relapsed LaTonia" to me and of course this is extremely important information in a license defense case when you have a spouse or parent present and the spouse or parent is not aware of the relapse. Its even tougher for a nurse client to say "I started an intimate relationship with Patient B immediately after discharge" and the spouse of my client who is also a RN and works at the same facility in middle management is also present. So for this reason and others (I care not to mention) its my law firm policy (I think this is only my second or third law firm policy; I have to ask Jack) effective NOW that a friend, family member, or spouse will be asked to leave the meeting at some point so that attorney can speak with her client privately. The nurse is my Client regardless of who paid or is paying my flat fee true retainer. I am representing, counseling, and advising the nurse and I don't want my client concerned about his/her responses to me or unwilling to answer my very pointed questions to the best of their ability because +1, 2, 3, or 4 are present. Its not personal but I know when I am being spoon-fed water droplets through a dirty sock during a consultation or client meeting when there is the nurse + one, two, three, or four in the room. For me its not some much of a concern with a one-time legal consultation but with the traditional attorney-client relationship and ongoing representation cases, its unacceptable. I completely understand because the details in some of the State Nursing Board cases are too hot for even cable TV at 3am. But its a waste of your time and my time if you are providing with me fluff and buff because + one, two, three, or four are also in the conference room or my office with us. State Nursing Board complaints are the real deal. The Boards mean business in these cases and I need information, facts, documents, and "the dirty dirty" from my clients so I can provide the best legal representation, counseling, and advising available under the circumstances. I also need to know the "dirty dirty" so we can formulate a plan to become "fresh and clean" or at a min. "dingy but wearable." I have to go to the laundromat and wash our comforters, the bulkier bed linens, rugs, and our dogs linen (I know) this weekend, can you tell?  Seriously Waldo couldn't find the "dirty dirty" through the layers of fluff, buff, and just plain bullsh*t I am sometimes attempted to be fed on a small spoon like its Stage 1 baby food. If you are meeting with me and I: 1. Put my head down on the table; its not because I am tired; or 2. I excuse myself, thank you for meeting with me, and ask Jack to wrap up the meeting; its not good. It takes Jack 15 to 20 minutes to even wind down the meeting, 5 minutes to summarize, 7 minutes to conclude, and another 10 minutes to walk you down or out to the lobby and then resummarize and conclude because he forgot something.  If I want fluff and buff, I go to my stylist. I have an appt. in the morning at 11am. I just revised my medical, substance use/abuse and/or mental health Intake Form for  clients, and legal consultations. This is used in certain cases in additional to a general Client Intake Form. Oh, you didn't know? Although I may not check your blood pressure and do a head to toe physical assessment, I am a nurse and I am performing others assessments in license defense cases because its a necessity.

Substance Abuse Counselors who give legal advice and counseling: Here we go again!

A Substance Abuse Counselor wrote a nurse was in "very very big trouble" for drug theft. Okay, how do you distinguish very very big trouble from very big trouble from "just plain trouble" in drug diversion. Maybe its Just Plain Trouble like Just Plain Brenda on The Closer. That's Deputy Brenda Lee Johnson. My nephews do the very very very's at ages 6-10.

Its is based on the whether or not is a Felony 1st, 2nd, 3rd, 4th, or 5th degree in O-HI-O or the number of charges in the indictment?

Another counselor writes a nurse felt legal counsel was "necessary" so nurse hired lawyer and then did T, U, V, W, X, Y, and Z. Oh and also AA, BB, and CC.

How is what the nurse decided to do at the advice and counsel of his/her attorney relevant enough to the substance use and abuse treatment that it needs to be mentioned in records that would be provided to the State Nursing Board?

Did you ever think that the information a client conveyed to you as a result of the attorney-client relationship may be something that doesn't need to be shared in treatment records? Why not keep a professional journal with notes that are not appropriate for the treatment records but you want to write somewhere so you don't forget? You fickle frack maybe you need to review your position description that hasn't changed in 8 years, your employee handbook that changes qid, and your facility policies and procedures and guidelines which are located in the basement of "our old building." 

I get this crap all the time by those licensed by the State Board of All Things to All People and who want to dive into providing legal advice and counseling to a nurse who is dealing with substance use/abuse, mental health, or interpersonal issues and have a past, present, or future State Nursing Board complaint in the oven.

You don't have enough to do with addressing all aspects of the medical treatment plan that you need to also provide bootleg legal advice. Is this a professional boundaries issue as well where you are over-involved with this nurse client?

A. Why are you giving legal advice and counseling to someone at one of the their most vunerable times?;

B. Why are you telling nurses they "don't need a lawyer and this is what happens with nurses in our Program." Please go and take a nap.

Are you kidding me? And when you as "counselor" receive a complaint against your license from your Board, you are dialing for an attorney like you are ordering pizza from an office phone and contacting your insurance company related to your license defense protection benefit on your cell phone while trying to email or IM your spouse.

Its good enough for you but not your nurse clients, right?

C. Stick to what you know. I am not writing treatment plans in my law practice for nurses so why the hell are you providing legal advice and counseling to nurses in-patient, IOP, aftercare, or during stage of treatment and counseling?

D. If you don't know your scope of practice and what you can and cannot do, review your State Practice Act and Board regs. Is there any mention of providing legal advice and counseling to clients? Attorneys have a monopoly on the provision of legal services, pumpkin in the US. This may change in the future but not really (I don't want to sound to smug because sh#t happens).

You want your State Board licensees to be able to give legal advice and counseling along with substance abuse advice and counseling and then serve fries with that vanilla shake while wearing skinny jeans and a tank top? Try it.

You would think Coach was giving away free leather briefcases to the first 15,000 card carrying lawyers at the courthouse and statehouse in CMH there would be so many attorneys prepping for mortal combat related to another Board wanting to provide legal services. This would be our rallying cry and an accurate depiction of our "street fighting" skills:

http://www.youtube.com/watch?v=UMf40daefsI

Stay within your scope and your role and keep a summary of the 3 bullet points comprising the entirety of your job description for easy access and reference by you throughout the day as needed.

Your board= therapy, treatment, and recovery.

Lawyers= legal advice (very broad), legal counseling and represention on all things licensure, criminal, employment, etc. when a nurse presents for treatment, counseling, and therapy.  

Do I stand a chance if I represent myself? The Price is WRIGHT

I need help. I am getting screwed over royally by the State Nursing Board. I can't afford to hire an attorney. One attorney wanted 1500+.

Do I stand a chance if I represent myself??

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

Thank you for your comment on my blog. As you can see, I edited your comment as you disclosed alot of information in your original comment.

Guess what?

 You are representing yourself.

You are representing yourself whenever you have a legal matter with a licensing board and you don't have an attorney. You may not realize it, but you are already representing yourself.

You are representing yourself now, you have represented yourself in the past with your dealing with the State Nursing Board, and your representation of yourself had lead to you this point. The here and the now.

Therefore I think you have enough information to answer your question which is: do I stand a chance if I represent myself?

I don't mean to be harsh but I don't think many nurses realize that you are representing yourself before the State Nursing Board anytime you don't have an attorney and you are involved in a disciplinary investigation, complaint, hearing, or application for endorsement or initial licensure and there are affirmative responses which trigger an investigation.

But I asked the Board investigator do I need an attorney and I was told no?

Really? You are not required to have an attorney for ANYTHING because there is a RIGHT to self-representation in this country. So therefore when you ask a Board investigator, do I need an attorney, the answer is no.

But ask yourself this, if you have to ask a Board investigator do I need an attorney, do you need an attorney? Probably so. 

But I didn't do anything wrong?  

This isn't Sundary, you are not at church and we are not talking about moral right and wrong. Nursing Board investigations are about alleged violations of the State Nursing Practice Act and Board of Nursing regulations. If you want to speak of and deal with right and wrong, speak with your spirtual advisor. 

If you want to know whether or not your alleged conduct, actions, or inactions violated the State Nurse Practice Act and/or Board of Nursing regulations, then come on down, you are the first contestant on the Price is WRIGHT. Call me, text me, email me, fax me, or send me a smoke signal.   

Did your actions or inactions violate the Nurse Practice Act and/or Board of Nursing Regulations? Oh, damn, I didn't look at it like that.

There are pros and cons to representing yourself.

The best thing about repping yourself is you save money and who doesn't want to save money.

The worst thing about repping yourself is you fail to be objective, you are biased, you don't see any issues with anything, you see this as a matter of right or wrong, good nurse vs. evil State Nursing Board, east coast vs. west coast rappers, Pepsi vs. Coke (let's not even go there, pumpkin with the Cola Wars today), you rationalize your actions or inactions, you minimize your actions or inactions (what about those nurses who steal drugs?) and /or frankly you can't "see me" i.e. yourself when you represent yourself. Are you Tupac?  

That's why attorneys are told to never represent themselves. An attorney who represents themselves has a fool for a lawyer and a client. We were told this in law school.

I don't have money to hire an attorney?

This is income tax refund season and you can ride through certain neighborhoods (like where I grew up) and see all the new "30 day" temporary tags on vehicles. Why? Tax refund checks. I smile when I hear I am getting "4k", "8k", or "3k" back.

But honestly I love watching the Income Tax Refund Mania from January to April of every year. Your average person goes "willy nilly" with a refund check and buys flat screens, designer clothes, etc.

Are you pimping your ride, your home, or your kids out with your tax refund this year? I have a better idea.

Why not use your income tax refund to hire a nurse license defense attorney? As a bonus, this also helps to stimulate the economy because I am going to Walmart, Big Lots, Bob Evans, and Kenwood Mall for clothes and shoes. I may also gamble a little and help the ecomony in Indiana as well. I may also get a manicure; I can't do tips or any artificial nails because I type alot and hard.

Do you know I type so hard the letters are missing from my most used keys on my external keyboard? I know. I can't wait until Spring so I can start walking outdoors again, kicking trees, breaking sticks and branches, and throwing rocks at passing cars until I am tired again.

No seriously, if I am talking to a client and typing at the same time, I will hear, "oh my God, that's not you typing is it?" I will say no, that's just me eating a ear of corn.

Okay back to my point, you can't afford NOT to hire an attorney at this point. Your attorney can't change the past but the attorney can counsel and advise you going forward on your options so that you are making informed decisions.

If you are going to rep yourself, put your options (oh, you may not know your options because you are repping yourself) in a magic hat and pick one. Or flip a coin, "heads" I met with the State Nursing Board investigator without an attorney "because its just an investigation" or "tails" I bring my best friend who is studying to be a legal assistant with me to the meeting.

This way with the magic hat or flipping a coin, you can blame "everything that happens thereafter" on "chance" and not your decision to retain legal counsel at the beginning or initial stages of the State Nursing Board matter.

In all seriousness, the slightest discipline against the license can have long lasting implications and consequences on a nursing license. Hire an attorney to work with you throughout the process and to be on your team throughout your nursing career. Consider having Nursing Practice Counsel.

We are getting to the point with the legal, regulatory, clinical practice, employment, and other issues in nursing where I think RNs especially APRNS should have their own personal legal counsel for practice issues like physicians. But that's another post.

I am Triple X with the State Nursing Board, this is an extreme emergency, and I have a question for LaTonia about a case: Liar, Liar, Pants on Fire!

Triple X called the office and indicated this is Triple X from the State Nursing Board, XXX had a question for me about a case, and it was an extreme emergency. 

My receptionist was excited and in a panic.

Why? I am a nurse license defense attorney who practices before State Nursing Boards; calls from Board staff, Hearing Officers, All Attorneys, and Administrative Law Judges are Priority calls of course.

But guess what, so are calls from clients and prospective clients. This is why I have my own practice and its limited to nurse license defense because my clients are nurses as a nurse all nurses are important.

Okay, I pause:

1. I have never received an "extreme emergency phone call from State Nursing Board staff" EVER, NEVER, EVER. 

Even if its a Summary Suspension case in Ohio, immediate suspension in Indiana, or Immediate Temporary Suspension case in Kentucky, Board staff have never said "this is an extreme emergency and I need to speak with LaTonia now." 

Why? Because LaTonia responds and returns calls, emails, etc. promptly. PERIOD. I am not your previous lawyer or the lawyer your neighbor worked with on her divorce or personal injury case and could never reach.

My law practice isn't structured that way. Its LaTonia, Jack, receptionists, and soon to be a virtual legal assistant. We don't have 80 staff members and we track calls, inquiries, and information coming and going in my law office like a person on a diet trying to look decent and "easy on the eyes" in a tasteful bikini when their swimming pool opens on May 30, 2011 counts calories and carbs.

Yes. I am not on a diet per se; but I have lost 30 pounds! Okay but that's another post and yes I still have a Pepsi a day; just more water and I eat less than 1200 calories per day. I know! Okay, but that's another post.

2. Board of Nursing staff have my direct office dial, my home number, my office fax and my personal fax, and my cell phone. I have Board staff office telephone numbers programmed into my cell phone and also my email on my DROID X.

3.  Also, WTH is an extreme emergency?

An extreme emergency is a matter of life or death.

I am not a death penalty criminal defense attorney so I don't get calls saying "hey LaTonia return this call in 10 minutes or the switch will be thrown or call us back in 20 minutes because we are priming the tubing." I don't receive those types of calls in my practice, sorry.

4. When I saw Triple X my first thought was "there is no one by that name who works with State Nursing Board A,B, or C" however despite the fact that most Boards are having staff furloughs because of state wide budget cuts related to the economy, maybe there is a new Board staff person with this particular Board by the name of XXX.

Then in 5 seconds, I searched by online service as a software law practice management system and saw this nurse had contacted my law firm several months about a pending disciplinary investigation before the State Nursing Board.

Just a few things:

A. Anytime your license is being investigated; its a priority for you and it should be a priority for the attorney you contact. If you contact a license defense attorney its a priority. That's the bread and butter for a license defense attorney.

B. We return all calls within the hour, a few hours, and certainly within the day. My office returns all phone calls and responds to inquiries. PERIOD.

C. You want to reach me fast because you need to respond to a Kentucky Nursing Board Complaint, Ohio Nursing Board Potential Violation Report, and/or Indiana Nursing Board complaint by a DEADLINE. You can do one or more of the following; I don't really don't mind:

1. Call my office at 513-771-7266 or 888-571-1110;

2. Email me at [email protected] or [email protected]. These are my business emails.

3. Complete a form on this blog (those are emailed directly to me);

4. Complete a form on my primary website at www.nursing-jurisprudence.com (those are emailed directly to me);

5. Complete a form on my second website at www.nursing-jurist.com  (those are mailed directly to me);

6. Fax your State Nursing Board complaint to my office. 

My office receives faxes via email and I receive those emails instantly. Our fax number is 888 580 1119;

7. Call and/or text and leave a voicemail for Jack Stem at 513-833-4584. Jack will find me and say "hey, This just came in.....";  

8. Call and/or text and leave a voicemail for me on my cell phone at 513-604-9330; Don't just call and not leave a voicemail.

9. Pay for a Legal Consultation on my website at www.nursing-jurisprudence.com; you need to speak with me immediately and you want me to review documents, right? Click on the online payment icon; If you retain me, we can deduct this from your flat fee true retainer for representation; and/or

10. Go ahead and pay for a legal consultation on my website or with my bookfresh account which allows you to also schedule appts. online; See

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

I receive an email about a payment instantly and I immediately say start to wiggle because I have received a payment of  "the green" and I may be able to go to Big Lots and buy dog treats, cleaning supplies (I like to clean! and that's another post), and start making Valentine cards and baskets for 45 nieces and nephews and decorating my husband's business for Valentines Day.  

I am wired 24/7 and I love it. No burnout here, pumpkin as I am going hard and I love it! 

Although, because I am not a liar I must admit, I probably won't start graduate school for my MSN this summer because of my law firm case load. Also I am doing and enjoying more traditional wife activities like taking an active role in my husband's business and assisting him with his career goals. Hot damn, but that's another post. True, hard core and card-carrying nurse fems stay tuned!

I turn my Droid X on silent now (I can't turn it off; that's another post) at bedtime because my husband gets irritated hearing "DROID" all night with emails and text messages I receive (personal and business); let's not even go there with Facebook updates! DDDD-RRR-OOO-IIII-DDDD! I love to here this. http://www.youtube.com/watch?v=yVZIlmzohbo

I smile because when I hear "DROID" I think its money or its about money and I start to wiggle and its text about one my nieces upcoming birthday party at Chuck E. Cheese. I swear you need take a Flexeril (legally prescribed; this is Nursing Law & Order) at the door before entering a Chuck & E. Cheese for a preschooler or toddler birthday party. Its off the hook madness from the time you enter until you leave.

I actually was "reprimanded" much like a State Nursing Board reprimand (without the fine, CE or publication in the Board Newsletter) for turning over in the morning and reaching for my Droid to the left instead of checking on my husband to the right. I responded I am left-handed and its my natural response to turn to the left in the morning not to the right. I now turn to the right (while I am thinking, I wonder what awaits for me this glorious morning to the left?)

Seriously, don't lie and say you are with the State Nursing Board when you call my office. I have an issue with liars (see my previous blog posts over the years). I do and I am willing to admit it. Why lie? :)

I would rather you take a quarter out of my purse (that's all you will find in my purse because I don't keep any green on me) and steal from me (take the quarter at the bottom of my purse; but if you go into my wallet and take my debit/credit cards I am prosecuting you for theft, reporting you to the State Nursing Board, and putting my hands on you in self-defense of course) than lie to me.

I know, are you reading more aggression in my posts lately? I know; I am working on it (I am lying) and I can't wait until the weather breaks so I can start walking 2-4 miles a day again instead of using gym equip. I really can't wait because walking helps with stress and a sleep better at night after my long walks.

Its casts such a negative net and unnecessarily so when you say this, I am Triple X with State Nursing Board A, this is an extreme emergency, and I am calling LaTonia about a case with a question.

It also makes me think you think I am "slow" because surely if you are contacting a nurse license defense attorney and saying you work for the Board, the attorney would know that you don't work for the Board or the attorney can find out easily whether or not you do work for the Board.

Then I start to wonder, is this a mental case? Is this a red flag client? Do I need to have Jack "background" this person now? Is this person just f'ing with me and my staff just because? Who does this? Then I get angry. Not Incredible Hulk  green angry, but just 2 second Mountain Dew yellow angry, then I say "Code Orange" and I move on.

Code Orange in my law practice means a no way, no client.

So bottomline, I am always accessible to prospective clients. I am also working on current client cases which are important and a priority also. It doesn't take my office DAYS or WEEKS to respond to any inquiries and therefore you don't have to misrepresent yourself and say you work with the State Nursing Board and you have a question about a case to get my attention.

Deceit, Deception, and Dishonesty!

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

Family Drama and Criminal Convictions and Dispositions: Just Take a Deep Breathe and Repeat "This too shall pass." It works!!!

This has been a very dramatic holiday season like most others in my family but I have learned this is "normal" when you have a large number of immediate and extended family members living within a 10 miles of each other. I have 100+ family members within 15 miles of my home. Its the best of times and it can be the worst of times also.

After this Holiday Season starting with Halloween and ending finally with New Years Day, I can honestly see why Assaults, DVs, Disorderly Conducts, Batteries, Public Intoxs, and other criminal charges occur around the Holiday Season.

So when a nurse tells me a story that ends with an immediate or extended family member being slapped or a swearing match and the police were called around ANY holiday (I use the term holiday loosely to include Valentine's Day, St. Pat's Day, ect.), I as a nurse license defense attorney don't think Oh, God, how could this happen or why did you do this?

I always think, wow! This could have been me. This is similiar to what I wanted to do _____ days, weeks, months, or years ago to my ____ at my _____  5th____ party! 

Life happens and I make a good living because life happens and the person just so happens to have a nursing license or wants a nursing license.

Just take a deep breathe and repeat "This too shall pass", then sit down, take off your shoes and socks, and count all of your toes and repeat this 10 times. After sitting on the floor counting your toes, this calms you down and you will suddenly realize what you have to lose and what all you are risking with this encounter and you will laugh. Everyone else will give you 10-20 feet of space now because they think you have finally lost it.

You are a nurse 24 hours a day/7 days a week/365 days a year.

I am a nurse and an attorney 24 hours a day/7 days a week/365 days a year.

Enough said! Don't blow your stack. Its soooo easy to step in dog crap, but its very difficult to get the crap off your shoes and it takes even longer for the smell to dissipate.

Don't Assume a Post on Nursing Law & Orders refers to you and your case!

DISCLOSURE

Please don't assume a post on this blog refers to you or your case.  The Nursing Law Bandit (this is my alias) averages 5-20 inquiries a week by phone, website contact forms, fax, email, or text from nurses. That's right pumpkin, on average, I receive 5-20 inquiries a week. 

I also represent, counsel, and advise 568,921 nursing students, NCLEX-Applicants, LPNs, RNs, and APRNs in my nursing law and nurse license defense practice. I wish! 

The blog posts here are similiar to the collage you made in first grade; bits and pieces are pulled from the following:

1. cases (past, present, and future);

2. legal consultations (past, present, and future);

3. workplace consultations (past, present, and future);

4. law firm inquiries (past, present, and future); and/or

5. dreams and/or nightmares (past, present, or future), both real and imagined by Attorney.  

 When I blog, I am in the Matrix and I never identify a nurse by name. I also don't mention nursing employers by name but mention by industry. This is a professional courtesy and also sound risk management.

This blog is read by a number of individuals across the country. Past, present, and future law firm clients read this blog. Yes, you will be a client of the Nursing Law Bandit one day; you just don't know the "why" and "how" like Neo in the Matrix I, Matrix II, and the first 2 hours of the Matrix III.

I pull information from a variety of sources when writing a blog post. I don't blog about one specific individual or one specific case as I use my critical thinking skills to incorporate tidbits of info from various cases, consultations, inquiries, etc. and then I shake it, mix it, beat it, and bake it in my Easy Bake Oven until it rises and forms a blog post.  

For example, if I blog today about drug diversion and you happen to have a consultation with me about your diversion of drugs, don't assume the blog post refers to you. Why? A large percentage of my cases, consultations, and inquiries received involve allegations of drug theft and substance abuse. 

Therefore unless I indicate your full name and credentials, license number and state of licensure, along with your mother's maiden name and the last four of your social security number (backwards and upside down of course) in a blog post, do not assume a blog post refers to you.

There are no rules which state I must post only on current cases, consultations, and inquiries.  Idon't draft blog posts in chronological order. I don't have a timeline for blog posts and there isn't a script for me to follow.

Its open mic and old school freestyle on Nursing Law & Order and I am mixing, scratching, flowing, and human beat boxing my blog posts. I guess blogging is like hip hop in that sense. Damn, I just made myself laugh.

If you are asking yourself now what is human beat boxing, I am going to scream. Please tell me you know about the human beat box.

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

The Fat Boys are Back! This is the Human Beat Box by the Fat Boys (these guys were chunky and "big boned"; fat means fat not phat here) and IMO this IS the human beat box.

However let's not widen the rift with Fat Boy & Biz Markie fans. Yes, its that serious. Real talk: Biz Markie and the Fat  Boys  were beasts  and human beat boxing is the truth; even after twenty five plus years!!!

If you need a translation for these paragraphs, ask a teenager or a  twenty or thirty y/o who listens to rap music and hip hop, try google, or pay for a legal consultation with me:)

I don't think my blog readers are ready for this one but here it is, the Human Beat Box:  

http://www.youtube.com/watch?v=jJewbFZHI34.

I used to write in short stories and poems in high school (twenty one years ago) and blogging over the years has retriggered this interest. Now if only I could write blog posts which start as words and become poetry to the eyes/ears of a serious listener like Wu Tang Forever did for serious hip hop fans.  http://en.wikipedia.org/wiki/Wu-Tang_Forever. I love hip hop (if you haven't guessed) and this is one of my favorite CDs, disk 1 and disk 2.

I am content writing blog posts for educational and informational purposes to assist nurses with navigating the law and legal issues in nursing. Please keep this in mind before you assume a post on Nusing Law & Order refers to you and your case. LaTonia

NYE is here and NYD is coming: Write my cell phone number on your arm with a crayon!

I will tell you because I am as honest as a defense lawyer can be (today).

License Renewal (May to August, especially Ohio Nursing Board RN renewals) and NYE/NYD licensure issues are like Christmas for me a nurse license defense attorney because of the number of consultations and clients retained. 513-604-9330

What do I mean by NYD? New Years Day. We all put things off and responding to Nursing Board complaints usually goes on the back burner for most nurses until after the holiday season. So that's means, its on, moving, grooving, and shaking starting January 1st.

But January 1st falls on a Saturday this year. Damn. 513-604-9330

Guess what? I am working this weekend. I mean all weekend.

What do I mean by NYE? New Years Eve; that's today. Oh you know.

1. You are in Board Alternative to Discipline Program for Substance Abuse and you have a few drink or you party like a rock star (including heavy drinking and maybe some snorting or pill popping).

2. You are on probation and monitoring with the Board and have random UDS but you decide to "go hard" anyway and roll on X;

3. You are having a ball with a close group of friends and someone breaks out "the weed." You know you work in a facility that does random screens but you decide to "puff, puff, and pass" the weed anyway; or

4. You are out with friends and your neck, back, stomach, and/or big toe starts to cramp therefore you pop a few of your second cousin's best friend's baby mama's Percs. No big deal right until the Pyxis count or Narc sheet is off and the facility tests UDT (urine drug tests) all of the nursing staff with access. The Medical Review Officer asks do you have a prescription for ______?

Have fun on NYE but don't take it too far. But if you go too far, just call me. I will listen and I will not judge you but you have to pay me; sorry estimated taxes and property taxes are due in Jan.   

If you need a telephone legal consultation because of NYE, I am available but its going to cost you more because I am working on law office case projects this weekend.

Just pay $250.00 for a legal consultation on my website and call my cell phone at 513-604-9330. See http://www.nursing-jurisprudence.com/onlinepayments.html. That's right its 513-604-9330

The number again (like in the commercials selling a product for a limited time for $19.95 in 4 installments billed directly to your credit card) is 513-604-9330. That's my business cell. Again that's 5-1-3-6-0-4-9-3-3-0.

If you were:

1. extremely naughty on NYE and you wake up with a hangover and legal drama with license and practice implications;

2. "balling out of control" on NYE and you have a DUI/OVI/DWI and/or other criminal charges; or

3. if you put off responding to the Notice of Complaint from the Kentucky Nursing Board or the Potential Violation Report from the Ohio Nursing Board until after the holidays and you need to meet with me ASAP; call my cell phone for an appt. Its 513-604-9330. 

One more time as you may have started sipping Barefoot Bubbly Moscato Spumante at noon today, that's 513-604-9330.

http://www.barefootwine.com/our-wines/overview/bubbly/MoscatoSpumante.html.

We served this at my husband's open house for his new business location on Wednesday night. We had maybe 60-80 guests at our open house and we had 18 bottles of Moscato Spumante Bubbly: six toasts. Let's just say, I didn't practice much of any law on Thursday. 

One of my grandmothers said the next day, "Tonda (she doesn't call me LaTonia or Tonia), that was a "party" not an open house.

No, really? I knew it was a party when one of my brothers yelled out at 11pm, "I am Gucci wasted on a Wednesday" and then proceeded to drink champagne and chase it with beer.

I thought an open house was a party!  Yes, we partied on a Wednesday and at 39 y/o (unlike 29 or 19) I am still feeling it on Friday. The open house was 7pm to 9pm and our last guests, my BFF and her fiance left at 2am.

Whether its NYE or NYD license, practice, criminal, or employment issues for you, I am available to assist you. If we are meeting in person at my Cincy office, just bring enough bottled water and McDonald's Apple Dippers for us both as a snack. 513-604-9330

And no, I am not having my cell phone number changed later today:) My son thinks I am lame for keeping the same cell phone number for 10+ years. One of my sisters told me "604" cell phone numbers are not every obtainable anymore. According to my son its fashionable to change your cell phone number every 6-8 months or after a breakup.

Really? I have 5 numbers for some family members and friends saved in my contacts because who has the time to figure out your right number anyway; I don't. I now save the cell phone numbers of certain family and friends as "Jane Doe Dec 2010 cell." I am not kidding because so many people change their cell phone numbers like they change their underwear: once a day, week, month, or year.

I have had the same cell phone number since 1997 and I am pleased to say this. I know its corny but I can still say it on my blog.

In all seriousness, be safe this NYE and have a wonderful NYD!!!! 513-604-9330.

Deuces!

I surrendered my Nursing License __ years ago. Can I get it back?

I receive several emails each month asking this question.

I am not sure if you can get your license back however here is good start and this ain't legal advice because you didn't have to pay me for it:

1. Find the documentation you received from the Nursing Board from the license surrender and read the document;

2. If you can't find the document surrending your nursing license, request a copy from the State Nursing Board;

3. Once you have the document and you have read it you can do any of the following:

a. Nothing. It's self-explanatory what needs to be done to have my license reinstated;

b. Nothing. It's self-explanatory that I can never have my license reinstated as my license surrender was essentially a permanent revocation;

c. Contact a license defense attorney in your State to review the document and answer your questions. See www.taana.org to find a nurse license defense attorney in your state.

d. If you need assistance with reviewing a document from the Ohio, Kentucky, or Indiana Nursing Boards, I am available. You will have to pay for and schedule a legal consultation with me however as I do not review documents and provide legal advice and counseling without entering into an attorney-client relationship. It protects me and you as also compensates me for providing a service. I cannot legal advice and counseling for free. See www.nursing-jurisprudence.com. Click on legal consultations.

You can also pay for and schedule a legal consultation with me online via my Bookfresh account. See

 http://www.bookfresh.com/index.html?id=d17ccb653369ca681a27c3aba4413d6a&view=buyer_flow

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

The costs of the consultation are self-explanatory.

1. If you live in the Greater Cincinnati area and you want to meet with me in my office. You can pay for and schedule an in-person appt. with me. The cost is $250.00 per hour.

However, if you:

1. have complaints pending in more than one state;

2. this is your second or third Nursing Board complaint (be honest please);

3. You are currently on probation or being monitored with the Board and there is another issue;

4. You are licensed in multiple states (like Ohio, Kentucky, and/or Indiana);

5. You are a APRN and there are multiple issues involved; 

6. You have a pending state or federal criminal case plus a Nursing Board case

7. You are self-employed (Independent Provider, owner of a home care agency, etc.) and you have a licensure issue

I am not trying to get more money out of you however we may need to spend more time together like: 90 minutes or 120 minutes.

No I am not going to kick you out of my office exactly at 60 minutes and I certainly don't watch the clock during consults. However I may start winding down the meeting as I may have other appts. scheduled after yours.

These are items to be considered when scheduling as my assistant or my receptionist schedules my appts. one hour apart usually. If you have a complex case or there is alot of information and background for us to cover, then pay for and schedule more time so we can plan accordingly.  

You open the mail expecting a million dollar check from Publisher's Clearinghouse and find a complaint from the State Nursing Board!

Don't panic. The Board is providing you with "notice" which is required by due process that a complaint has been filed against your license with the State Nursing Board.

Go ahead and scream, cry, curse, and put on a pair of steel toe boots and kick the shi% out of your printer. I kick my printer when I am angry; its healthy. Although, I can tell you I am less likely to kick the $800 color laser printer I have now than I was to kick my $100 black/white laser printers.

Then call your mom, BFF and significant other and scream, cry, curse, and rationalize your damage to the printer.

Take a day or two to gather your thoughts and review the information you received from the Board. Okay, now you are ready to proceed. Don't wait until a day or two before a response is due to the State Nursing Board to contact an attorney.

I will tell you what some of the Nursing Boards won't tell you. A complaint has been filed and this is a legal matter and case. This isn't a criminal case or a civil case but it is an administrative law case. It is a legal case.

Anytime you have a legal case, you have two options:

1. You can represent yourself and proceed pro se.

This is always the fastest, easiest, and cheapest way to proceed. If you want it quick and free, just fire off your response and see what happens. OR

2. You can have an attorney to represent you.

In order to proceed with # 2, you need want to investigate whether or not you:

1. Want to hire an attorney; Some nurses know from the beginning that they want and plan to retain an attorney; its just a matter of which attorney.

2. Should hire an attorney; Some nurses suspect they may need to hire an attoreny but are really not sure what are the pros/cons including the fees/costs. 

What are my thoughts?

1. If you are going to hire an attorney to represent you before the Board, research a variety of attorney websites, contact your State Nurses Association, etc.

2. When you speak with the attorney, find out if the attorney has handled cases similiar to yours with the same or similiar issues.

If not, then you should note this and then contact another attorney. You want someone who has experience dealing with your issues especially if those issues will result in discipline whether by agreement or after a hearing.

In some cases discipline is coming like Santa Claus its just a matter of how and when!

3. Going for an attorney who is the cheapest or less expensive isn't necessarily how you want to select your nurse license defense attorney. This isn't the Value Menu at McDonalds.

If an attorney quotes you a higher fee than average, then you should ask why? The attorney should be able to tell you.

4. If you are going to hire a lawyer, hire a license defense attorney who represents and counsels nurses. You want someone who practices before the State Nursing Board regularly.

5. If you are going to represent yourself then do your research and be prepared.

a. Don't later vent on the online nursing forums and chatrooms about how evil the Nursing Board staff and members are if you don't get the result or outcome you want.

b. Its not a good idea to rep yourself before the Nursing Board when you have pending or forthcoming criminal charges.

c. Its not a good idea to rep yourself if you are licensed in more than one state.

6. If you have a pending criminal case and you know it will result in a conviction, diversion, etc., consult with a nurse license defense ASAP. A license defense attorney can discuss the criminal implications with you and also communicate with your criminal defense attorney. Don't wait until the criminal is resolved and you are contacted by the Nursing Board.

7. Don't assume your criminal defense attorney has experience representing nurses before the State Nursing Board. You may need to retain a license defense attorney also.

I have one case in particular where a nurse relied on the advice of his/her criminal defense attorney who was clueless about the licensure issues and this resulted in serious, I mean serious, discipline.

I am upfront. I don't handle criminal defense cases and I don't sue healthcare organizations. I do nurse license defense, nursing law, and health law and admin law cases involving nurses and other licensed HCPs. I routinely refer nurses to criminal defense or employment law attorneys.

This economy ain't the best and some attorneys see license defense as a way to make a quick buck because let's face it: licensed healthcare professionals usually have more disposable income than your average person who may earn $9.00 an hour.  

8. If you have professional liability insurance with a license defense protection benefit, make sure it will allow your attorney to paid monthly as the case progresses. Some attorneys won't accept the assignment of your benefits in license defense cases without some type of payment upfront because the attorney is essentially "bank rolling" your case for months or years until its resolved and then the attorney can submit a bill for payment to the insurance company.

This may not seem like something that is important now but it can be when you are searching for attorney to represent you before the Nursing Board and all of the attorneys you speak with won't accept an assignment of your insurance benefit without some type of payment initially.

Think about it. Can you afford not to be paid for several months or years? Most attorneys cannot either.

I must admit, the majority of my cases are private pay and the nurse doesn't have professional liability insurance. However I do have a number of cases where the nurse has insurance with Marsh Affinity/Chicago Insurance or NSO/HPSO.

9. If you are going to represent yourself at least schedule a consultation with an attorney to discuss the allegations in the case before you proceed. At the most this will cost you a few hundred dollars.

Don't just fire off a 80 page handwritten response to the Indiana Nursing Board complaint, Kentucky Nursing Board complaint or the Ohio Nursing Board potential violation report.

10. Take a deep breath. Its going to be okay. If you received a complaint or potential violation report in the mail, don't panic. Take another deep breath. Take a swing of Pepsi and chase it with a shot of water with a twist of lime. Now that you feel better you can start doing your online research.

 

Ohio Board of Nursing: Notices of Opportunity for Hearing issued November 19, 2010. Is it hot in here or is it just me?

I am looking through the Notices issued at the November 19, 2010 Board meeting last month this afternoon. Holy Moly Batman!

What initially struck me was the number of the Notice cases in which the nurse or DT doesn't have attorney representation. Notice cases are the more serious cases before the Ohio Nursing Board and the majority of the nurses in these cases don't have attorney representation.

Also what struck me more so than in other months with Notices cases were the severity of the allegations in the November 2010 Notices. I haven't seen cases this serious since Sept. 2010 when I believe the Board issued 90 Notices and I posted on this blog.

The November 2010 Ohio Nursing Board Notice cases included:

1. Illegal Processing of Drug Documents and Theft of Drug convictions;

2. Felony convictions which trigger the ever-expanding moral turpitude standard.

If you pass gas in the check out line at Kroger's (a few hours before a major snow storm) and you fan it to the person in the back of you is this considered moral turpitude?

I think it should be as this is what happened to me over the weekend. I didn't appreciate it one bit.

3. Fact intensive misdemeanor convictions;

4. One individual is noticed who allegedly did not graduate from high school but has a DT and RN license.;

5. A "hit and run" or two;

6. Several positive drugs screens with no legally valid prescription;

7. Board of Nursing action in another state;

8. Falsifying renewal and initial applications for licensure;

9. NCLEX Applicants with criminal convictions;

10. Professional Boundaries;

11. Home Health fraud and documentation issues;

12. Professional Sexual Misconduct;

13. Unsafe nursing care allegations; and

14. garden variety practice issues and mishaps which are reported to the Board.

I recognize some names as nurses who have contacted my office. I have a good memory and sometime all it takes is the full name or a glance at the allegations in the Notice. A quick search of our SAAS law practice management system confirms this. I then compare my initial notes and documentation with the information in the Notice. Interesting!

I saw one case in particular that I have been expecting to see. This person contacted my office when already represented by counsel seeking answers to questions. I referred the individual back to his/her attorney of record. Don't try to pay for a $150.00 consult with me (to answer questions the attorney you retained should answer) when you have already paid another license defense attorney a retainer fee. Not here, boo boo.

I quoted the individual a high fee because I knew the case was complex and the nurse was a shopper. By a shopper, I mean a person who contacts multiple attorneys for advice, counseling, and possible representation or a nurse who has been represented by several attorneys.

Shoppers are a red flag for representation because the things they say about their former attorney (1st or 2nd attorney) will be the things they say about me (their 2nd or 3rd attorney) to the attorney they hire after I terminate them or discharge them or they discharge me (3rd or 4th attorney).

Speaking of red flags, I just terminated a client who I spotted as a "red flag" initially but the facts of the case were so very interesting. I take on a limited amount of red flag cases. What are red flag cases? I will post on this later in the week.

Back to shoppers. I can spot these folks a mile away and I quote high fees. I have had more than 10 shoppers this year and I can remember them all by the fact patterns.

Also looking at 2010, I can tell you I am seeing more and more complex cases involving the State Nursing Board(s). I am seeing more issues with falsification of renewal applications, criminal convictions and practice issues with LPN and RNs and I am seeing more complaints being filed against APRNS in Ohio, Kentucky, and Indiana.

Now, back to the Bat Cave!

 

Ain't Nothing Like the Real Thing Baby and its called Legal Advice, Guidance, and Counseling

http://www.youtube.com/watch?v=svAs-6MiqxE

Several singers proclaim "ain't nothing like the real thing" including the Stylistics, Marvin Gaye & Tammi Terrell, the Jackson 5, Elton John, Beyonce, and others.

I spoke with a nursing student last week who had been given different advice by his friends, family, nursing instructors, and a general practice lawyer related to criminal convictions, clinical sites, licensure, and employability.

The advice given wasn't accurate and was all hedged on either " I am not a lawyer but" or "This isn't my area of my practice however." A one hour consult with me answered all of the questions and concerns.

An attorney-client relationship requires the payment of a fee and this is free:

1. If you are considering nursing school and you have concerns about whether or not your background will be an issue, do the following:

a. go to the State Nursing Board website and download the application for licensure by examination.

b. if you have affirmative response, contact a license defense attorney or nursing law attorney.

2. If you are currently a nursing student and you have concerns about whether or not your background will be an issue with licensure and employability, or future career plans, do the following:

a. go to the State Nursing Board website and download the application for licensure by examination.

b. if you have affirmative response, contact a license defense attorney or nursing law attorney.

3. If you are a LPN, RN, or APRN and you have concerns whether or not a recent criminal convictions or other issues will result in a State Nursing Board investigation, do the following:

a. contact a license defense attorney or a nursing law attorney.

b. I am always surprised by the number of nurses as licensed professionals who turn to online boards and forums for legal advice, counseling, and guidance instead of contacting a license defense or nursing law attorney. Yes, it may cost you a bill or two ($100) but you have what you need.

Nurses are licensed and although the debate still lingers about whether or not nursing is a profession (no standard entry level to practice), we consider ourselves professionals. 

 http://www.americannursetoday.com/BlogView.aspx?bl=6268&bp=6960  

Healthcare is highly regulated which is why the healthcare organization you work for has in-house attorneys to focus on the daily needs of the organization and outside legal counsel for overflow and more specialized legal needs of the organization that can't be done efficiently by in-house lawyers.

Lawyers are a must in healthcare now more than ever and this need is slowly trickling down from healthcare organizations and business to business transactions to individual licensed healthcare professionals who practice in or do business in healthcare. 

I put Equal in my coffee yesterday instead of sugar and it just didn't taste right. It was okay and I could get by with it but I knew it wasn't my usual and I questioned why I used Equal. I even told myself it was the same but it wasn't. I had a headache yesterday and I wondered was it because I used Equal in my coffee instead of sugar. I was cranky yesterday and I wondered if it was because I didn't get my coffee fix just how I like it: heavy, heavy. I am drinking coffee with sugar this morning.   

There ain't nothing like the real thing. If you need legal advice, counseling, or guidance, contact a state licensed attorney who practice license defense or nursing law. There is no substitute and as licensed healthcare professionals nurses IMO need to see legal counseling or representation as "a cost of doing business" which is inseparable from the privilege of practicing in a highly regulated healthcare environment and workplace.

I am not advocating nurses keep lawyers and law firms on retainer like healthcare organizations  because this is cost prohibitive however nurses need to understand when legal issues arise, you can't always turn to your employer for "what's in your best interest", this is the role of your OWN personal legal counsel.

What's best for my treatment? What's best for my license? What's best for my nursing career?

Okay, from the top, once more....

If you are addicted to prescription medication and/or illegal substances then you need help. Help is such a broad term. What kind of help do you need? I am not a counselor or therapist and this ain't legal stuff but

Door #1. You need treatment to save your life and get you started on the road to sobriety and recovery;

Door #2. You need counseling to help you figure out how and why;

Door #3. You need legal advice and counseling (and maybe representation) if you are a licensed nurse. Period. No conditions such as if, but or maybe. You need legal advice. To obtain legal advice usually means you need to hire a lawyer. No conditions such as if, but or maybe.

Now how you proceed after you are intervened upon by:

a. friends;

b. friends and/or family;

c. your nursing sup. and HR;

d. your unit manager and HR;

e. your nursing sup., DON, and administrator,

f.  your nursing manager and an investigator from the Board of Nursing; and/or

g. your manager, an investigator from the Board, and a detective from the county drug diversion task force

is totally your choice.

Do you proceed with Door # 1, then Door # 2 and then Door #3, Door #2 and then Door #1 and maybe Door #3, Door #1 and then taking a wait and see approach with Door #3 and only do #2 if your significant other threatens you with divorce, Door #1 and Door #2 together, etc.  

I can tell you this. Friends, family, and others (this includes the "medical" folks involved with you who give you "legal" advice) mean the best and I don't think anyone intentionally steers you towards Door #4 while meaning to steer you towards Door #1 and/or Door #2 but trying to tell you what will happen behind Door #3 (but trying to save you the cost of retaining a lawyer) but it happens.

Now you are probably asking LaTonia wt* is behind Door #4? I don't know wt* is behind Door #4 but that's what you will find out and when you find out what's behind Door #4 let me know:) I watched several vampire movies last week and I am scared to open Door #4.

Chemical dependency counselors are not lawyers and lawyers are not CD counselors. I have a typed sign on our one of our back doors which says I am counselor of law not a mental health counselor or therapist. The sign also politely asks you to keep your problems to yourself. (but that's another post. Remind me to tell you about my mother and her handwritten notes).

If you want medical treatment to fight your addiction, seek treatment.

If you want counseling and therapy, seek it.

If you want legitimate advice and counseling on your legal options when you have an addiction, seek out a nurse license defense attorney in your state. Really, you are treatment in Arizona and your Arizona based CD counselor is telling you what's going to happen in the short and long-term with your state nursing licenses in Ohio, Kentucky, Indiana, Florida, Michigan, and New York? Really. You can get better advice by allowing a toddler to pick the proposed answers (given to you by the "medical" person and written on sheets of paper) out of a hat.

Also I am going to tell you what I want for Christmas this year.

Dear Santa:

My Christmas wish this year is as follows: I really wish licensed healthcare professionals who medically treat nurses (who are BTW licensed healthcare professionals also) would function within their job description provided to them by their employer and stick to the "medical" and not try to do the "legal." Santa, please grant me my wish because I have been  "good" this year in a general and broad sense of the word like for example "help."

Seriously. There isn't a horn book, cliff notes or a book titled "License Defense for Nurses with Substance Abuse & Use Disorders in all 50 States for Dummies" when a nurse has a substance use and abuse disorder and there are licensing, employment, career, regulatory, educational, return to work, tort, and/or criminal issues. No sir re Bobbie Jr.  

If you are a nurse and you are depending upon your CD counselor, therapists, and others involved in your treatment and recovery to provide you with counsel and advice regarding licensure, legal, and regulatory issues, slap yourself in face and wake up now because "Hey Dorothy, you are no longer in Kansas anymore."

http://www.amazon.com/Hey-Dorothy-Youre-Kansas-Anymore/dp/1589392388.

I am not Willy Boo Boo! The truth will set you free. However retain a lawyer first.

Growing up with my cousins and we would role play with props. We would play for hours together and imagine ourselves on the moon, sailing across the seas on a pirate ship, or as super heroes saving the world from injustice. We had vivid imaginations. When one of us said something so unbelievable and so preposterous even by 8-10 year old standards, some one would yell "I am not Willy Boo Boo."

Who is Willy Boo Boo? Willy Boo Boo is a fictional person of course who believes anything and everything he is told without question. You said it so therefore it is and must be the truth.  

As a nurse license defense attorney I certainly cannot be a Willy Boo Boo because its not in the client's best interest. Sometimes I am thinking "I am not Willy Boo Boo" but I can't say this. I just seek clarification and independent means to verify a particular statement and establish facts. I am searching for the truth like Neo was searching "something" in the first  Matrix movie. (I watched the Matrix this weekend on my I-pad).

I have been told there are three versions of the truth: yours, mine, and the actual truth. The actual truth being an unspoiled, untouched, unblemished, and unadultered version of facts located somewhere in the middle of a closed room without ventilation filled with a thick and impenetrable green fog of teenage flatulence, carbon monoxide, and cigarette smoke.

The truth will set you free. http://wiki.answers.com/Q/Who_Said_The_Truth_Shall_set_you_Free. Amen, if I am at church.

"The truth will set you free. But not until it is finished with you." http://www.goodreads.com/quotes/show/18719. I really like this one.

How about this one? The truth will set you free. However retain a lawyer first.  

 

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

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

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

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

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

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

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

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

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

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

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

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

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

LaTonia Denise Wright, RN, BSN, JD

Nurse License Defense Attorney 

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

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

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

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

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

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

What is a license defense attorney? See Download Licensedefensebrochure

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

1. Nothing is going to happen with this;

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

3. It depends;

4. We may be in touch with the nurse.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

So what am I saying? Just say it.

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

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

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

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

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

Ohio Board of Nursing

See

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

Indiana State Board of Nursing

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

Kentucky Board of Nursing

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

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

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

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

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

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

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

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

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

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

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

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