Nursing Law & Order

Medical Marijuana vs. Recreational Marijuana by State Licensed Healthcare Professionals

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

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

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

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

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

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

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

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

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

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

http://americancannabisnursesassociation.org/

 

 

Life, Liberty, and a License: the Parkdale Treatment Facility in Chesterton, Indiana

I visited the Parkdale Center in Chesterton, Indiana today. The Parkdale Center offers specialized substance use/abuse treatment for the highly accountable professional. See http://www.parkdale.com. 

Who is a highly accountable professional? A professional who is accountable to a regulatory Board or Agency (state or federal) for his/her practice. HAPs are physicians, attorneys, nurses, teachers, pilots, etc.  HAP or the highly accountable professional is a term coined by Parkdale. 

I really like the Parkdale Aftercare program as well as the Professional Reentry program for highly accountable professionals. As a nurse license defense attorney, these components complement the legal services provided to individual nurses. There can be a disciplinary and/or alternative program to the monitoring of a nurse by the State Nursing Board depending on the state and the interplay between the medical, treatment, mental health, licensing, criminal, employment, unemployment, clinical, return to work, and credentialing/privileging aspects are not addressed well by any one party in this process. This is why I like Parkdale because the facility is leaping ahead of the curve here and grabbing the bull by the horns.   

Substance use/abuse and the recovery process is a long-term commitment for nurses and it is refreshing to see first-hand a HAP specialized facility with low patient ratios at a reasonable cost working hand-in-hand professionals and their families. 

That type of commitment requires more than a "show me the money" and "we can't bill for this" or "we don't get paid for that service" approach. Its requires blood, sweat, and tears equity to be on the front lines working with licensed healthcare professionals in what is usually one of the most emotional and trying times of their lives. I left Parkdale today feeling invigorated to see licensed nurses and other professionals working hard to treat and help recover licensed nurses and others professionals.  

This was the boost I needed as you often get bruised on the front lines working with nurses in license defense cases. I have been bruised, burned, stabbed, and cut in my fifteen years of law practice figuratively. Solo law practice is brutal on attorneys and working with individuals is challenging. Parkdale reminded me again why I do what I do with individual nurses. 

I need to pay my water bill and buy my coffee at DD daily, but you don't practice nurse license defense because you want to strike it rich or "ball out" as a lawyer. Nurse license defense work isn't super sexy legal work as it is everyday law, working with everyday professionals. Everyday law isn't corporate law, mergers, and high dollar defense cases; it is the daily dance with individuals who do not have a "legal budget" for attorney fees and costs and it can be high stress, high emotions and high stakes on a high wire.  Life, Liberty, and a License, is how this is viewed and feels for us as state-licensed professionals: teachers, nurses, physicians, therapists, RTs, LMTs, pharmacists, lawyers, etc. Give me my license or give me....

Congratulations to Rodrigo Garcia, MBA, MSN, RN-BC, CRNA and his wife Claudia Garcia, MBA, BSN, RN as Parkdale approaches its one year mark for operation and working with everyday professionals. 

If you are a registered nurse, licensed practical nurse, APRN, nursing student, or graduate nursing student and you have a substance use/abuse disorder, you are diverting drugs, or you need help with recovery, I would highly recommend you contact the Parkdale Center in Chesterton, Indiana at 888-883-8433.

Most HAPs who have legal and license issues decide to proceed "pro se" and represent themselves before a licensing or regulatory Board. You do not have to retain an attorney to represent, counsel, or advise you as you have a right to represent yourself (self-represent) in this country however I do not recommend that any nurse any where "self-treat" a substance use/abuse disorder. 

If you need help and it makes sense to get this help at a facility which works intensely and primarily with licensed professionals. This is why I recommend the Parkdale Center for the scope of services offered to nurses regardless of your state of residence. The facility treats HAPs and nurses from around the country. 

I do not typically give recommendations on this blog but I am not typically invited to visit a substance/use treatment facility which works primarily with nurses and licensed professionals. This was the first invite for me  in 15 years of private law practice and this is my first recommendation of a substance use/abuse treatment facility. 

I am not being paid to provide this recommendation and I was not asked to write this recommendation. Anyone reading this blog should know by now, I don't say it unless I mean it and it is the ethical and right thing for me to say or do as a RN and lawyer.  

Onward and forward to the Parkdale Treatment Center and its staff! 

A Nursing License, a Cold Pepsi, and a Funky Fresh DUI: Peaks and Valleys

Today is NYE and around this time of year, I receive an increase in DUI calls where nurses have been charged with a DUI, OVI, or DWI and question how it will impact their nursing license as a far as renewal, initial licensure, voluntary self-report to the State Nursing Board, or a mandatory report to the State Nursing Board. 

Getting a DUI isn't the end of the world (or is it?) but after the court fees, assessments, appearances, fines, and three to five day treatment programs you are really going to ask yourself how did this happen. This doesn't even include the licensure issues triggered by a DUI for license RNs, LPNs, and APRNs. 

If you are going to drink and drink hard in 2013, drink and stay still. Get a ride home, get wasted at home and fall asleep, or have a designated person to drive everyone with a BAL of .08 home safely. Call someone to pick you up or catch a cab if your designated driver has started drinking.

I like to dance and you get the right music playing and I will dance for hours. I attended the Macy's Jazz Festival in July and I danced so hard on Friday and Saturday night, on Sunday I wrapped both of my feet (if you dance hard you know what this means), stayed in bed on a heating pad,  and watched Law and Order SVU and the Walking Dead all day. In additional to dancing hard in hot, humid Cincinnati style 95 degree heat wave at the riverfront stadium, I had too much to drink on both days (Margaritas) and it showed on Sunday but I did not drive; it was a no brainer not to drive. My hair held up very well however as I am wearing my hair natural in a two strand twist and my natural hair laughs at the heat, humidity, and cold.

Also if you are subject to random drug tests with your State Nursing Board, guess what? You are more frequently tested around the holidays and this includes NYE. Don't risk a positive UDS; it just ain't worth it anymore as it may extend your probation and monitoring, you may have your license suspended as chances are it won't be your first positive, etc. 

Are you a licensed nurse and dealing with a DUI now? You better have a criminal lawyer as that is a no brainer and you certainly need to retain or consult with a nurse license defense attorney to determine how your conviction will impact your license. I know you have a Motion to Suppress Hearing next week and the case may be dismissed......Pay the fee and consult with a nurse license defense attorney in your State or retain a nurse license defense attorney. 

Last year I had a 70s and 80s costume party on NYE and we had a ball and yes, I danced; not hard but I danced. You do know the difference between dancing and dancing hard don't you?

This year , I am attending a NYE service at my church and bringing the New Year praying and praising the Lord Jesus Christ at my Baptist church which is going to be very festive and celebratory. I have an ice cold Pepsi waiting for me to drink. It doesn't get much better than a nursing license and a cold Pepsi!  

What are you doing for NYE this year? Whatever your plans, be safe and use common sense. If you do something you are not supposed to do and it may affect your license, you always can call me if you are licensed in Ohio, Kentucky, and Indiana:)