Nursing Law & Order

What's Your Rationale?

I am involved in several nursing professional associations. I am a member of the American Nurses Association (ANA), Ohio Nurses Association (ONA), and the Southwestern Ohio Nurses Association (SONA). I am member of the The American Association of Nurse Attorneys (TAANA) and the Ohio League for Nursing (OLN).

I am running for national office in the ANA as a member of the Congress on Nursing Practice & Economics, co-chairing TAANAs Publication Committee, on the Board of Directors of the Center for American Nurses, and a member of ONAs Council on Practice. I also belong to the American Bar Association and the Ohio State Bar Association.

And yes, I can think of other ways to spend the money I pay in association dues, as you may be saying....however I choose to support associations that speak and advocate on my behalf (even if I may not always agree with the chosen course of action).

Why do I belong and participate in nursing professional associations? Professional associations advocate for the best interests of its membership and define the aspirational goals of the profession. The majority of nurses do not belong to ANY professional association.

If you a reading this post you may or may not belong to a nursing professional association. Do you belong to any nursing professional associations? If not, what is your rationale for not joining? If you do belong, are you active? If not what is your rationale?

EVERYONE is busy and has to make time for work and family however consider supporting a nursing professional association by joining as a full member. Being active in nursing professional associations has been a positive and rewarding experience for me as a RN and an attorney.

When you need someone to advocate on your behalf or on behalf of the nursing profession or on behalf of your nursing specialty, who will you turn to if nursing professional associations no longer exist because of declining membership?

American Nurses Association    www.nursingworld.org

American Association of Nurse Attorneys www.taana.org

Center for American Nurses   www.centerforamericannurses.org

Physician Monitoring

There is an interesting January 2006 article on problem physicians.The article "Problem Doctors: Is There a System Solution?" appears in the January 17, 2006 issue of The Annals of Internal Medicine. According to the authors' estimate, with all factors considered "at least one third of all physicians will experience, at some time in their career, a period during which they have a condition that impairs their ability to practice medicine safely."

See "Monitoring System Needed To Prevent Safety Hazard Of Problem Physicians" at http://www.medicalnewstoday.com/medicalnews.php?newsid=36354

What do you think? Are nurses more closely scrutinized and monitored by regulatory boards and employers than physicians?

Nolo Contendre

A nurse contacted me yesterday. She pled nolo contendre to a criminal charge several years ago. She is applying for licensure via endorsement in another state and wanted to know if her plea to nolo contrendre was a "conviction" for purposes of a licensure endorsement application. She contacted the board and was told to complete her endorsement application to the best of her ability and accurately. What would you do?

This nurse is doing exactly what she needs to do, seeking professional advice to clarify the question before proceeding with the endorsement application. Why? Because not responding truthfully on an endorsement application is grounds for revocation of licensure and may be construed as fraud. Moreover since the nurse is already licensed in State A, any action taken against a nursing license in State B (endorsement state) will eventually be made known to State A through either a reporting databank or licensure renewal in State A.

I referred the nurse to a nurse attorney licensed in the state where she is seeking licensure via endorsement to obtain a professional opinion that she can rely on as legal advice and counseling when completing her endorsement application in State B.

What is Nolo Contendre? It is Latin for "I will not defend it." A statement in a criminal trial where the defendant declines to refute the evidence presented but agrees to the charges presented in the complaint. It cannot be used as an admission in other proceedings. http://www.legal-dictionary.org/legal-dictionary-n/Nolo-Contendre.asp

Elective Offices in ANA

How many times have you said "If I could change this in nursing I ....." Get involved in your profession and make a difference.

Are you a member of the American Nurses Association? If so, why not consider running for one of the following elective offices in 2006: President, First Vice President, Second Vice President, Secretary, Treasurer, three directors-at-large and two directors-at-large (staff nurse designated). Three seats on the ANA Nominating Committee will be open as well as 35 seats on the Congress on Nursing Practice and Economics. The deadline for submission of all nomination packets is January 4, 2006. For additional information see www.nursingworld.org.

State Nurses Convention

I was elected in my district nurses association, Southwestern Ohio Nurses Association (SONA), as a delegate for the Ohio Nurses Association (ONA) Convention, which is next week in Perrysburg, Ohio from Friday, October 7th through Sunday, October 9th.

I am excited because conventions are jammed with CE, the business of the association, and networking with nurses from all parts of the state. This will be my 3rd ONA convention and 3rd Convention as a delegate representing my local district.

I am speaking this year at the Tennessee Nurses Association convention, Oct. 22-23rd in Memphis, Tennessee. Last year, I spoke at an event sponsored by the Alaska Nurses Association in Anchorage, Alaska. Its interesting to observe the different state nurses association process and procedures for convention. Anyway.....

Have you ever attended a state nurses association convention? If so, what are your thoughts? What would you improve or change? 

Legal Nurse Consultants

The American Nurses Association is seeking comments on the draft Legal Nurse Consultant Scope & Standards of Practice which were posted on July 25, 2005 on ANAs website. Are you working as a legal nurse consultant? Are you considering legal nurse consulting? If so, review the guidelines and provide ANA with your input. See the ANA website at www.nursingworld.org. Also see the website of the American Association of Legal Nurse Consultants at www.aalnc.org. The Legal Nurse Consultant Scope & Standards of Practice recognize and confirm legal nurse consulting as a nursing specialty. What is your opinion?