See this article in the Lawyerist which discusses the hazards of being unlawyered. http://lawyerist.com/defend-deposition-just-show-up/
I see the hazards of being unrepresented and unlawyered daily in my law practice.
1. Ohio Independent Providers
You are running a business and practicing in your business which means you should have an accountant, bookkeeper, and a Nursing Law attorney to assist you with regulatory compliance.
If you don't have these as an IP, then work FOR a home health company as an employee as opposed to being a home health company.
2. Self-Employed Nurses in Private Practice
You are running a business and practicing in your business which means you should have an accountant, book keeper, and a Nursing Law Attorney to assist you with regulatory compliance.
You don't just start a business providing health care services and run with it without having legal advice, counseling, and coaching on your compliance with federal, state, and local laws and regulations.
This is especially true with APRNs in private practice. I actually had one APRN tell me that national and state nursing professional association dues should cover "legal advice" and "business counseling." Nursing professional associations are struggling and strapped for cash because of declining membership and dwindling interest.
4. Representing Yourself Before the State Nursing Board during the Initial Complaint
I have seen it all in my 12 years of solo practice defending nurses before the State Nursing Boards. Being unlawyered and underlawyered (having an attorney who knows nothing about practicing before the Board) is becoming more and more of a common practice.
There is always a tendency to minimize the complaint against one's license and rationalize the decision to "do it your way."
4. Representing Yourself during a State Nursing Board Probation and Monitoring Period
I don't like being told what to do which is certainly why I hire professionals to do my taxes, book keeping, and legal work. I hire professionals to provide and render professional services.
Chances are you didn't have a lawyer during the Board investigation and case which led to discipline of your license; then do yourself a favor and retain an attorney to counsel and advise you while you are on probation for 15 years with the State Nursing Board.
5. Counseling and Advising Yourself When Things "Go South" with your Employer
If your nurse manager says "this is reportable to the State Nursing Board", you need to talk to a nurse license defense attorney. I know you have never had anything happen in your life outside of two speeding tickets, but when you hear "this is reportable to the State Nursing Board", the defecation is near the ventilation and it is time to start thinking about your nursing license, your employability, your career, and your next month's mortgage payment not you will no longer be able to chair the Facility Shared Governance Cultured & Collaborative Cupcakes & Coffee Committee.
6. The Criminal Stuff
You know or you should know if what you are doing is illegal. If you don't know, ask a lawyer. For example are you
stealing narcotics from work? Criminal
stealing supplies from work? Criminal
consistently driving while intoxicated (prescription drugs, alcohol, etc.)? Criminal
doctor shopping to maximize your ability to obtain prescription medication? Criminal
billing for healthcare services you did not provide? Criminal
putting your hands on folks (kids, spouse, parents, neighbors etc.)? Criminal
Your personal life and your professional life collide when matters turn criminal and also in domestic situations. Sh*t happens and frequently I might add; so unless you are dead; the end is not yet. Praise God!
You can use "The Force" and swim, crawl, waddle, walk, slide, run, dance, and skip from the Dark Side, Young Skywalker. Please note there is a cost and fees associated with accessing "The Force" because it is a professional service(s). Yoda isn't available.
First remember this is not the end of the world although it may feel like it. I am a recovering drama queen so I understand the need for actions, emotions, behaviors, thoughts, and everything over the top and heavy heavy. Allow your time to process your feelings and emotions if you are a licensed nurse and you are involved in a criminal matter. However you have to come off the rollercoaster at some point.
Practically you just need help sorting and shifting the wheat from the tares in a legal and nursing practice context of course, not spirtual. This is what a nursing law attorney does for a nurse confronted with criminal issues when addressing the nursing aspects of the criminal matter.
My nephews used to ask me to smell their feet. They were only 3 and 4 at the time and we would play a game where I would smell their feet, which were funky of course, and then tell them it was time for a bath. We even called one of my nephews lovingly Phat Man "my feet" because of my nephew's focus on his feet.
IMO making staff nurses be responsible for, be graded for, and be accountable for "excellent customer service" is like one adult asking another adult to smell their feet. It turns your stomach right? You feel indignant right? You get a little angry and wonder did this person have "any" home training or was this person reared by barbarians.
I understand healthcare and providing nursing care is a business as well as an occupation.
I understand patient and resident rights in the context of healthcare and providing nursing care as a business as well as an occupation.
I understand healthcare facilities (hospitals, nursing homes, etc.) want to distinguish their organization from the other organizations providing the same services in a geographical area.
I understand marketing, advertising, and I also understand customer service.
But what I don't understand is the emphasis on customer service and customer service training for bedside and staff nurses.
But I don't get the "customer-service" frenzy of healthcare management which forces staff nurses to "wait on" patients and their families in addition to providing nursing care: administering medication, following up with physicians, collaborating with other healthcare professionals, performing skilled nursing tasks, etc.
Nurses now feel pressure to be "liked and scored well" by patients and family members who expect to treated like royalty and have water brought to them, food warmed, pillows fluffed, and feet smelled and massaged all in the context of providing excellent customer service. You have got to be kidding me! There isn't enough time in a shift to perform all of the nursing interventions required for a patient care assignment but now you add to that this customer service aspect. Really?
It is accreditation agencies, doctors, the C-Suite, and facility administrators setting these unreasonable standards because they are not the ones providing the services. If a facility wants excellent customer service, hire "customer service" technicians to assist the nursing staff but don't require nurses to graded like preschoolers on such arbitrary nonsense. What does how fast I brought you a glass of water with lemon have to do with providing safe nursing care in the context of nursing law, rules, and standards?
Customer service isn't patient safety and certainly isn't required by the State Nurse Practice Act and Board of Nursing regulations or the professional standards of nursing practice. Customer service is required for waitresses/waiters (I have to be PC) at the Waffle House.
Are you working the first, second, or third shift at Waffle House this week? Has the provision of nursing care with your employer with the emphasis on customer services denigrated the environment, atmosphere, and morale of the nursing staff to the point that you feel you are working in fast food?
If I walked into your facility at 3am; would I feel like I am at the Waffle House? I would like to order a sweet tea, scrambled eggs with cheese, raisin toast, grits with cheese, and a large order of hashbrowns with cheese and mushrooms?
Nothing wrong with working fast food. I worked at Dunkin Donuts on the night shift during high school. Yes, hot mama sold donuts and coffee! Nursing care isn't fast food and if you bring the customer service aspects of fast food to nursing care, do you also bring along the ethics
I don't know what if anything will cause "the sleeper to awaken" (this is from the movie and book Dune) and for nursing as whole to revolt and "fight the power" but maybe just maybe it might be the emphasis on "customer service." The "customer service" movement in healthcare may actually do the impossible and steer the nurse today and tomorrow to organized labor and unions.
Take a look at this article and the comments.
http://lawyerist.com/do-you-have-a-duty-to-disclose-that-you-are-a-hatemongering-racist/
I posted my picture on my blog and started mentioning I was black about 8 years ago after I met with a prospective client who allegedly made inappropriate remarks about Blacks, Jews, and Lesbians at a hospital. I met with the Prospective Client and it was pretty obvious he/she did not know I was black.
So in full disclosure to my clients and prospective clients who may or may not want to retain my services based on my views. Actually all of this info is available on this blog anyway but I will summarize:
* I am a black female but I am not mad, anymore (hint: Diary of a Mad Black Woman is a movie); http://www.imdb.com/title/tt0422093/
* I vote as a Democrat because I am more concerned about the welfare and well-being of others more than myself as a small business owner and professional because honestly I am entrepreneur at heart and I can invent ways to make money in my sleep if need be;
* I am left-handed and I hold extremist views in this area: Left-Handed Folks should and one day will be running the world;
* I attended the same public school district (Princeton) from preschool to 12th grade;
* I am a liberal but I am not loose;
* I am a Baptist (yes, I am @ church at least 3 hours on Sunday; call me after 2pm);
* I don't eat beef or pork but I love fish, chicken, and turkey;
* I like fruity and sweet alcoholic beverages; I am sipping a Lemonade flavored Dailys "Ready to Drink" frozen beverage as I type this blog post;
* I have an unhealthy (at times) emotional attachment to caffeine: hot tea, sweat tea, Pepsi, the Dews, and coffee;
* I like to dance and as a Gen Xer, I grew up with Dirty Dancing, Flashdance, etc.;
* I like aged rap music (like Scarface, the Ghetto Boys, Black Rob, the Wu Tang Clan, McLyte, etc.) and old school R&B. I remember listening to rap music and being lost in the melodies as a teenager. Please don't tell my grandmothers but I wanted to be a rapper AND an astronomer (I still have my first telescope) when I was 15 y/o; and
* I am in recovery (we are all recovering from something) from the use of expletives & profanity.
Now you know and can make an informed decision on whether or not any of the above will impact my ability to represent, counsel, and advise you before the State Nursing Board:)
I am offering two updated law firm brochures for nurses and these are available to individual nurses and nursing students who need legal assistance. The first brochure discusses the difference between a legal consultation vs. legal coaching vs. traditional legal representation. The second brochure reviews State Nursing Board complaints.
If you would like a brochure, send me an email at NURSINGLAW@live.com. Include in the email your full name, mailing address, and State of Licensure(s) and I will email the brochure(s) to you.
These brochures are for nurses who need assistance before the State Nursing Board; my brochures are not for attorneys who are trying to break into the nurse license defense market by poaching articles, website information, and other documents from more established attorneys and their law firms.
The lyrics in one of Top 10 favorite rap songs says "there is evil in the streets and everybody is starving..." Some attorneys are starving for clients similar to "The Walking Dead" zombies and will do anything to obtain clients. Please don't call me on Sunday from 7pm to 10pm because I am watching The Walking Dead!
What is anything?
IMO, anything is representing a nurse before the State Nursing knowing full well the attorney is not familiar with the process and procedure and cannot adequately counsel and advise or defend the nurse. Anything is taking a case because it is "just a State Nursing Board case" and how difficult can it be anyway as you took an "admin law" course in law school and one of your uncle's babies moms is a physical therapist and in nursing school. Anything is saying you have represented nurses before (implying you have represented nurses before the State Nursing Board) when what you really mean is you have done wills, trust, personal injury, and/or divorce cases for a RN, LPN, APRN, or nursing student.
I had planned to post my two updated law firm brochures online but I decided not to because there is an attorney who has copied and pasted information from my law firm website, www.nursing-jurisprudence.com to his/her website which IMO shows a lack of ethics, civility and professionalism. Also it is just plain tacky.
Just ask me can you copy and paste the info and I would 9 times of out 10 say "yes" because it is just not that serious and I like to help other attorneys if I can; I am a helper and often I help until it hurts. Oh, snap, of course I help until it hurts, I am a nurse.
Nurse license defense is very small Bar and niche area of practice in Ohio, Kentucky, and Indiana. I can count 4-8 lawyers in Ohio, 2 in Kentucky, and 1 in Indiana who I know practice from day to day in nurse license defense or health care professional license defense work and who I would have defend me before the State Nursing Board if I accidentally and without specific intent slapped someone in the face for stealing my material.
Bit of Advice: Once you get a "rep" as being a bottom feeder, borrowing material and holding it out as your own, and/or engaging in other questionable behavior in nurse license defense; it follows you for the remainder of your admin law practice.
I don't stick my feet in criminal defense, wills and trust, personal injury, workers compensation, or other areas because my cup of Lipton tea, bread and butter, and WC coffee heavy heavy is nurse license defense. If you are an attorney and you are taking on your first State Nursing Board case; then say so to a nurse contacting you for assistance and co-counsel with another attorney or at least allow your client to make an informed decision on whether or not retain your services.
Nurse License Defense is a mixture of admin law, civil law, family law and criminal law and the implications for dropping the ball are vast. You can screw up and extinguish the ability to earn a living, pursue higher education (BSN, MSN, etc.), become an advanced practice nurse, and smother their aspirations, dreams and hopes by having a nurse sign Board of Nursing, Consent Agreements, Consent Decrees, and Agreed Orders if you cannot adequately inform the nurse or nursing school graduate of their options and the implications of signing on the dotted line.
These are not CANDY LAND cases, Sugar Drop! Candy Land is described as a simple game.
http://en.wikipedia.org/wiki/Candy_Landhttp://en.wikipedia.org/wiki/Candy_Land
Nurse License Defense is anything & everything but simple!
There are three essential components to traditional and full-scale legal representation:
a. representation and advocacy in a formal legal matter;
b. counseling a Client on the legal process and procedures involved in a legal matter; and
c. advising a Client of his/her options so the Client can make informed decisions on how to proceed in his/her case, matter, or situation.
There is nothing wrong with making an informed decision to REPRESENT yourself before the State Nursing Board. It saves you money (you don't have to retain or pay an attorney) and you can have it your way, like at Burger King.
What is representing yourself before the State Nursing Board? This means you do not have an attorney who has entered a Letter of Representation or Notice of Appearance of Counsel which is the formal way of letting the State Nursing Board know you are represented by counsel. This means that State Nursing Board staff including investigators, attorneys, and others may contact you directly about the State Nursing Board complaint to interview you, schedule a meeting with you, ask you additional questions about a statement or information you submitted to the Board, etc.
You are also COUNSELING & ADVISING yourself with respect to the decisions, actions, and tasks to be undertaken in your case and implications those decisions, actions, and tasks have for your nursing practice, the Board of Nursing case against you, and your current and future employment in nursing.
How do you "counsel and advise" yourself? You ask your peers, neighbors, colleagues, nursing professor, church pastor, and others for advise on what you should or should not do in your situation. You join a nursing chatroom and you look for answers to your questions or you do your own research. Again there is nothing wrong with counseling and advising yourself before the State Nursing Board.
I would dare to say it is very American and Billy Bad A// to take on the establishment and prove a point after all you are "not guilty" of anything, you didn't do anything wrong, and once the Board hears your version of events, the Board will send you a letter of apology for wasting your time. You tried it!!!
I received a lot of "counsel and advice" from friends, family, colleagues, peers, and others during my divorce in the summer of 2011. I received the WORST advice and counsel from the MAJORITY of people with respect to dealing with the trauma associated with the failure of my marriage. Failure was something I was not accustomed to dealing with in my personal life (or professional life) and the failure of my marriage brought me to my knees.
At the time when I needed it most, I received what I know now (and I knew then) was super duper and just plain bad advice. Thank God, I did not follow the majority of the advice given to me by the majority. But these folks of course meant well.
I received some good advice but it was from professionals who were objective and a few others lay folks. I joined a Divorce Support Group at a local church, I started attending a small group for "the divorced", and I began the long tedious process of healing from the inside out; actually being transformed is more appropriate.
I am Type A, B, C, D, and E. I am the person who gave myself 6-8 weeks in my schedule in the Summer of 2011 for divorce healing, recovery, and rebuilding. What type of nut job calendars emotional healing? I can laugh about it now because my divorce was the best thing (right after attending nursing and law school, Walmart selling 1.5 liters of Pepsi, and my purchase of a three-wheel bike last summer) that has happened to me. I had in 2011:
a. my divorce in May;
b. my "I am 40?" mid-life crisis in July;
c. my retrospective childhood "I didn't get the dog I asked for in the 1st grade" tirade and temper tantrum over a few months witnessed by both sets of my grandparents. I love my grandparents; they observed in disbelief and prayed without ceasing for me as I festered in a funky furnace of fire only after bathing in my own milky mess of self-centeredness and applied lastly lotion lavishly; and
d. my life changed by the effectual call from Christ in December. Busy year.
W hy am I telling you this?
1. Because your White Swan and your Black Swan can meet and really be FB friends; and
2. The advice and counsel of professionals is INVALUABLE when faced with a life event. A State Nursing Board complaint is a life event and if someone tells you it isn't smack his/her face and then call, text, fax, and email me (from jail); I can defend you before the State Nursing Board. Anytime you are involved in legal matter which impacts your education, employment, license, credentialing, AND identity it is a life event. Professionals help you navigate life events and you have a retain and pay professionals, sometimes out of the pocket.
If you are involved in a State Nursing Board case, take the time and consult with an attorney. It may cost you a few hundred dollars but at least have a nurse license defense attorney take a look at your matter for a "fresh set of eyes" of your case. I routinely send my cases for review by a nurse expert prior to a hearing so I can get a different perspective on the case. You should consider doing the same with your case.
My law firm is pleased to offer legal coaching services to nurses starting today. This a brand new service I am offering to respond to the demand for legal services. I receive a number of calls, emails, texts, and faxes from nurses who desperately need legal services but cannot afford or do not want to pay for the full scale legal services associated with the traditional attorney-client relationship. My law firm utilizes flat fees and I have done so for years. I am very comfortable quoting flat fees for representation. My flat fees for traditional legal representation before the State Nursing Board start at $2,500.00 and the fee charged varies depending on the issues involved in the case.
My firm has offered legal consultations for a number of years which allows a nurse to pay for a one-time appointment with me. In the context of the consultation, I review documents usually Board Adjudication Orders, Consent Agreement, Alternative Program Agreements, criminal case records, etc. and then counsel and advise the nurse on his or her options. A legal consultation is a one-time appointment with me either by telephone or in-person and it is of course confidential. See this pdf file for additional information on legal consultations with my office. Download Legalconsultations2012.
The majority of RNs, LPNs, APRNs, nursing students, and NCLEX-Applicants involved in State Nursing Board disciplinary investigation represent themselves and I am sure this is because of the cost of legal services. I also believe it is because most of us fail to appreciate just how adversarial the disciplinary investigation and suitability for licensure can be. It is a formal legal process, not what you see on TV and it has vast implications on the careers of those who are involved.
This is why I am offering legal coaching services for nurses in Ohio, Kentucky, and Indiana because it allows a LPN, RN, APRN, nursing student, or NCLEX-Applicant to pay for a certain number of hours of legal services which include reviewing correspondence and documents, revising documents, legal and nursing research, legal opinions, reviewing Nursing Board documents, agreements, and contracts, reviewing criminal case documents and then I counsel, advise, and coach my client on his/her options.
This allows the Client to continue to represent themselves before the State Nursing Board, with an employer if negotiating an employment agreement or involved in a workplace investigation, etc. and still receive legal coaching, advice, and counseling from a nurse license defense and nursing law attorney.
In the legal world, this type of arrangement is called limited scope representation and unbundled legal services. See http://en.wikipedia.org/wiki/Unbundled_legal_services
For example, let's say a nurse is involved in a criminal case and wants my involvement on a limited basis to review the nursing practice, Board of Nursing issues, and other nursing related facets of the criminal case. The nurse can pay for 3 0r 4 hours of legal coaching which is less expensive for nurse and allows the nurse to receive the specific advice, counseling, and support needed with respect to nursing licensure, credentialing, and employability.
Another example would be a nursing student who has to disclose criminal convictions to the State Nursing Board and needs legal coaching, advising, and counseling on the submission of the Initial Application for Licensure by Examination to the Ohio, Kentucky, or Indiana State Nursing Board. The nursing student could pay for 3 or 4 hours of legal coaching which would be less expensive than retaining me for traditional representation. Also the nursing student would need more time than the 30 minutes or 1 hour offered with a legal consultation.
Yes, this is Nursing Law & Order but in real life with real issues before the State Nursing Board and in nursing law and professional practice matters involving real nurses, I can't always resolve issues and wind up a case in 60 minutes like Olivia Benson and Elliot Stabler on Law & Order SVU. This is why I offer legal coaching services and full scale representation with a flat fee retainer.
Another example, would be a nurse who has been reported to the State Nursing Board and wants my assistance reviewing the complaint, researching the issues, and assisting the nurse with a response to the Board of Nursing Complaint. This could be accomplished with legal coaching. However I would not file an appearance with the State Nursing Board or contact the State Nursing Board on behalf of the nurse because I am not "representing" the nurse before the State Nursing Board. I file an appearance indicating I am the attorney of the nurse if a nurse retains me for a flat fee which is involved in a traditional and full scale legal representation.
If you are involved in a formal legal matter before the State Nursing Board and you do not have an attorney advocating for you before the Board as your attorney then you are "pro se." A nurse is proceeding "pro se" and involved in self-representation. What is Self-Representation? See http://en.wikipedia.org/wiki/Pro_se_legal_representation_in_the_United_States
My legal coaching service is a hybrid service and I see it another avenue to fulfill my calling (and make money; I am a lawyer now:) and as a go-between one-time legal consultations and traditional and full scale legal representation, counseling, and advising.
Some nurses do not want to or need to work with an attorney over an extended period of time and this is a option for nurses who want to tryout legal services on a limited basis to start a nurse-owned business, review unemployment, workers comp., nursing malpractice, or other matters.
Do you want more information about the difference between the legal coaching, legal consultations, and traditional representation, counseling, and advising services offered by my law firm? You can email me at LDW@nursing-esquire.com or nursinglaw@live.com. You can call my office at 513-655-6586 or text me your email and we will send you additional information.
What are the costs of legal coaching with my law firm? See http://www.bookfresh.com/service/cincinnati/law-office-of-latonia-denise-wright-lpa/157503739.
I will also post a flyer in the next few days which discusses the difference between legal consultations, traditional attorney representation, counseling, and advising, and legal coaching services I offer for nurses.
I actually see this as being a very popular service for nurses who want to get me involved in their case, matter, issues, or professional practice legal and ethical quagmires but do not want or need to (this is a personal decision) proceed with full scale legal services at this time. You are the boss with limited scope representation and unbundled legal services and you are proceeding as an informed consumer who is essentially representing him or herself.
If you are going to retain an attorney to represent you in a State Nursing Board investigation, hearing, or matter, you should retain an attorney who has experience practicing before the State Nursing Board defending nurses.
This may seem like a no-brainer but I receive a lot of calls, emails, faxes, and texts from nurses across the country who have retained an attorney only to find out later that the attorney really does not have any experience practicing before the State Nursing Board and therefore the advice, counsel, and/or representation provided by said attorney bucks and sucks.
How can you determine if an attorney has experience practicing before the State Nursing Board?
1. Ask the attorney about his or her experience before the State Nursing Board with questions like:
a. How many cases do you currently have before the State Nursing Board?
b. How many cases have you had in the last year before the State Nursing Board?
c. How long have you practiced before the State Nursing Board?
d. Is defending nurses before the State Nursing Board the majority of your law practice? What percentage of your law practice involves nursing law and defending nurses?
DO NOT just rely on what the attorney tells you. Research the attorney and his or her law practice online. Take a look at the firm website and/or blog to determine if nurse license defense is listed as an area of practice.
It is your nursing license and your case. You have a responsibility to yourself to do your own research and homework and locate a reputable attorney to defend you.
How do you find an attorney with experience defending nurses?
1. Online research;
2. Contact your State Nurses Association for a referral to a nurse license defense attorney;
3. Contact The American Association of Nurse Attorneys (TAANA); and/or
4. Seek referrals from colleagues.
Also do not believe the hype and also fight the power while you are at it; it is more important to retain an attorney with significant experience in nurse license defense than to retain an attorney who lives 2 miles from you in your city. Geography really is not an issue in these types of cases because most State Nursing Boards are located in a state capitol or another geographically central city in a state. It is more important that you retain an attorney with significant experience than to retain an attorney who lives in your city.
Do your research and retain the right attorney initially because if you have worked with multiple attorneys in your State Nursing Board case it is a red flag. When a nurse tells me she was represented by XYZ law firm initially and then fired that firm and retained ABC law firm because of DEF but then later fired the attorney because of HIJ and is now calling me because of MNOP I see fire engine colored red flags and I always double or triple my flat fee. This usually signals problem client and I need more money to work with problem clients because:
a. the extra Pepsi, coffee, hot tea, and sweet tea I am drinking will eventually lead to a UTI;
b. doctor visits for Ibuprofen 800mg for stress headaches;
c. weaker ankles from having to ride my three-wheeled bike to the post office and walk more to de-stress; I will have to wear my ankles braces which do not coordinate well with my Vera Bradley pocketbooks;
d. weaker wrists from typing harder on my keyboard responding to emails even with an ergonomic keyboard; I will have to wear my wrist braces which do not match my earrings, necklaces, and/or bracelets;
e. in addition to increased costs for Ms. Jessie's, Design Essentials, and other natural hair products because I will have to swim and relax more in my swim spa more frequently. Did I tell you I purchased a swim spa? I love it. My backyard is like a waterpark now with a swimming pool, hot tub built in the deck, and now a swim spa. I am a water sign, Cancer (not CA) and I love the water. I can not wait until the summer although I am swimming in the swim spa now. I increased my legal flat fee agreements charges this year by $9.97 to help defray the financing and electrical costs associated with my swim spa.
f. Working in time for an additional 60-90 minute Christ-centered small group or bible study plus 1-2 hours of weekly prep time because meekly, humbly, patiently, gently, lovingly & nicely saying "four letter profanities" in a brown paper bag isn't emotionally or spiritually healthy.
Okay back to the point, I was making. Do your research on attorneys. It is not about the cheapest attorney, closest attorney, or cutest attorney. You want someone to do their job, be painfully objective, and be fair and honest with you about your case and your options.
TaraLynn Mackay is a Texas licensed attorney. Taralynn represents nurses before the Texas Board of Nursing. Download TaraLynn Mackay CV.
Taralynn R. Mackay, RN, JD, is a founding partner in the law firm of McDonald, Mackay & Weitz, LLP where her practice focus since 1997 has been administrative/regulatory law, health care law, and professional licensing issues with a primary focus on representing nurses before the Texas Board of Nursing (formally known as the Texas Board of Nurse Examiners). Ms. Mackay is Board Certified in Administrative Law by the Texas Board of Legal Specializations and she has practiced Administrative Law since 1994.
See http://www.healthlicensedefense.com/TaralynnMackay.html
The Nursing Law & Order webinars are scheduled for 90 minutes. The cost is $20.00 for each webinar. No CE credit is provided.
Ms. Mackay is presenting the following webinars for Nursing Law & Order:
Are You Pro Se? The Pros and Cons of Representing Yourself before a State Nursing Board
Wednesday, April 3, 2013 at 6pm-7:30pm
Registration Link: http://nursinglaw.enterthemeeting.com/m/XT5H1MNR
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State Nursing Board Probation & Monitoring: What Does It Mean and Am I Employable?
Monday, April 15, 2013 at 6pm-7:30pm
Registration Link: http://nursinglaw.enterthemeeting.com/m/I89NXNMP
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State Nursing Board Alternative to Discipline Programs for Substance Use: Do I Just Sign on the Dotted Line?
Monday, April 22, 2013 at 6pm-7:30pm
Registration Link: http://nursinglaw.enterthemeeting.com/m/DFKU8ACU
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Direct Line: 512-281-5999
Private Fax: 512-281-9559
Email: Mackay@healthlicensedefense.com
Edie Brous, RN, JD is a licensed attorney in New York, New Jersey, and Pennsylvania. Ms. Brous is a nurse license defense attorney and represents nurses before the State Nursing Boards. Ms. Brous speaks nationally on legal issues in nursing and is an active member of The American Association of Nurse Attorneys (TAANA).
For additional information about Ms. Brous or to inquire about the legal services offered by her firm, see http://www.ediebrous.com/index.html. Edie can be reached by telephone at 212-989-5469.
Ms. Brous with the Law Offices of Edith Brous, Esq. R.N. is presenting the following Nursing Law & Order webinars:
Monday, April 1, 2013 from 6pm to 7:30pm EDT
State Nursing Boards Complaints: The Who, What, When, Why & Where?
The cost is $20.00. No CE credit is provided. To register click on the link below:
| Registration Link: http://nursinglaw.enterthemeeting.com/m/YSCWIDRP |
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Monday, April 8, 2013 from 6pm to 7:30pm EDT
Adjudication: What does a Hearing before the State Nursing Board Really Mean?
The cost is $20.00. No CE credit is provided. To register click on the link below:
Registration Link: http://nursinglaw.enterthemeeting.com/m/GZ7RNKJ1
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Friday, April 26, 2013 from 6pm to 7:30pm EDT
Criminal Convictions, the State Nursing Board and Nursing Students Seeking Initial Licensure
The cost is $20.00. No CE credit is provided. To register click on the link below:
Registration Link: http://nursinglaw.enterthemeeting.com/m/YVVSJZMI
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I am pleased to offer webinars to nurses, nursing students, and others interested parties to learn more about the law, legal issues, and legalities in nursing practice. The focus of the April 2013 webinars is the State Nursing Board and Nursing Law & Order is offering a total of 16 webinars this month touching on the State Nursing Board.
Why the State Nursing Board? Nurses are more likely to be reported to the State Nursing Board Board and investigated for a complaint than to be named and sued as an individual defendant in a nursing malpractice or medical malpractice case. However nursing education, in-services, and seminars tend to focus more on nursing negligence than State Nursing Board Complaints against nurses.
I can remember when I was in nursing school back in 60s (just kidding) and the only mention of liability concerned nursing negligence and medical malpractice. Then after graduating from nursing school in 1993 and 1994, most of the seminars I have attended that may have a topic or two on legal issues, the focus is usually documentation, negligence, and malpractice.
You may ask whose role is it to educate nurses and nursing students on the law, legalities, and legal issues in nursing practice? Does the role belong to individual nurses, nursing schools/colleges/programs, nursing employers, nursing unions, nursing professional associations, or another party?
Nursing Law & Order is doing its part to educate nurses and nursing students on the law and the legal pitfalls in nursing practice. This is what I always considered Phase II to my license defense practice and I praise God that this is finally the year I am able to move forward with another component in my dream career.
What is your dream career? Are you working in your dream career? If not, build it.
My law practice is evolving and risk management is the next component. Risk Management is usually associated with facilities and organizations however the term is applicable to individual nurses. I will always be a nurse license defense attorney and practice law before the State Nursing Boards but I have to reach up, down, back, around, and forward to educate, inspire, comfort, and help other nurses and nursing students with legal issues proactively. I feel this is my calling and having a nurse license defense practice was just the beginnning. This feels right and I am looking forward to a glorious 2013.
Nursing Law & Order is sponsoring a cutting edge webinar for Advanced Practice RNs (Nurse Practitioners, CRNAs, CNMs, and CNSs) and APRN students. The webinar is titled APRN State Nursing Board Complaints, Discipline and the Legal Implications for Nursing Practice.
Nursing Service Organization (NSO), a division of AON Affinity, and their insurance carrier CNA released a healthcare industry resource, Nurse Practitioner Liability Update 2007-2011: A Three-Part Approach on November 13, 2012. The Update contains an analysis of nurse practitioner malpractice and license defense claims over a five-period.
The Update noted 61% of licensing board actions against Nurse Practitioners resulted in "no action", while 3.1%of the licensing complaints resulted in the end of the nurse practitioner's career. This leaves 35.9% of licensing Board complaints resulting in some form of discipline of the license of a NP. See https://www.nso.com/pdfs/db/NSO_Claim_Study_PR_FINAL.pdf?fileName=NSO_Claim_Study_PR_FINAL.pdf&folder=pdfs/db&isLiveStr=Y
APRNs which of course include Nurse Practitioners face a variety of legal issues in clinical practice which may result in a State Nursing Board complaint being filed against the APRN. This webinar will review the types of complaints filed against APRNs (CRNAs, CNMs, NPs, and CNSs) and the discipline implications for APRNs with respect to future employability, multi-state licensure, credentialing and privileging, and specialty certification.
This is a 90 minute webinar presented by Cynthia Mikos, Attorney at Law with Allen Dell, P.A. There will be plenty of time alloted for questions and answers depending on the number of attendees.
Wednesday, April 10, 2013 from 6pm to 7:30pm
APRN State Nursing Board Complaints, Discipline, and the Legal Implications for Nursing Practice
The cost of the webinar is $20.00. No CE credit is provided. You can register online for the webinar at: http://nursinglaw.enterthemeeting.com/m/1ITTLHOK.
Cynthia A. Mikos is a graduate of West Virginia University (B.S.N., 1977), University of Baltimore (M.B.A. 1983 with honors) and Stetson College of Law (J.D., 1993 with honors). She is rated AV Preeminent by the Martindale-Hubbell Law Directory.
Ms. Mikos is Board Certified in Health Law by the Florida Bar Board of Legal Specialization and Education and represents licensed health care professionals and facilities throughout Florida. Her practice focuses on licensure, fraud and abuse advice, Medicare, Medicaid and other payer disputes, Florida and federal regulatory compliance, and business issues for health care clients.
Ms. Mikos represents a broad spectrum of health care providers, including physicians, advanced registered nurse practitioners, physician assistants, nurses, mental health therapists, hospitals, durable medical equipment companies, home health agencies, pharmacies, sleep laboratories, rehabilitation agencies, long term care facilities, providers of services to the developmentally disabled and independent diagnostic testing facilities. As a former nurse and executive of a Fortune 100 health care company, Ms. Mikos values her prior health care experience as an adjunct to her legal advocacy.
Ms. Mikos currently serves as the Chair for the Executive Council of the Health Law Section of The Florida Bar and has participated as a member of its Executive Committee since 2003. She is a member of the American Health Lawyers Association, the Florida Association of Hospital Attorneys, the Hillsborough County Bar Association Health Law Section, The American Association of Nurse Attorneys (President 2006) and the Florida and Hillsborough Association for Women Lawyers.
Ms. Mikos can be reached at 813-223-5351. For additional information about Ms. Mikos, see
http://www.allendell.com/our-attorneys/cynthia-a-mikos/.
To download a complete copy of the NSO Claims Study for Nurse Practitioners see:
Nursing Law & Order is offering a 60 minute webinar for nurses and nursing students to learn more about the nuts and bolts of State Nursing Board disciplinary investigations. The webinar will be presented by a licensed attorney with experience defending nurses before the State Nursing Board.
The webinar will review the following topics:
What is a disciplinary investigation before the State Nursing Board?
What are your rights and responsibilities in a State Nursing Board investigation?
What is the process and procedure of a State Nursing Board investigation?
Should I respond in writing to the complaint against my license?
What is the difference between State Nursing Board staff and State Nursing Board members and which are involved in a disciplinary investigation of a nursing license?
Friday, April 5, 2013 at 6p.m. EDT
The cost of the webinar is $20.00.
There will be plenty of time also questions and answers.
You can register online at:
Registration Link: http://nursinglaw.enterthemeeting.com/m/XKMUZT76.Nursing Law & Order is offering a 60 minute webinar for nurses and nursing students to learn more about the pros and cons of self-representation before the State Nursing Board. The webinar will review the following topics:
What is Pro Se?
Why do the majority of nurses represent themselves before the State Nursing Board in disciplinary investigations and complaints?
What are the benefits and risks of representing yourself before the State Nursing Board?
What are the benefits and risk of retaining an attorney to represent you before the State Nursing Board?
What type of attorney should I retain to assist me before the State Nursing Board?
What is a flat fee vs. a evergreen retainer in reference to legal services?
Wednesday, April 3, 2013 at 6p.m. EDT
The cost of the webinar is $20.00.
There will be plenty of time also questions and answers.
You can register online at:
Registration Link: http://nursinglaw.enterthemeeting.com/m/XT5H1MNR
No continuing education is provided however you can receive a certificate of attendance to include in your nursing portfolio.
Nursing Law & Order is offering a webinar for nurses and nursing students to learn more about State Nursing Board complaints.
Do you want to know more about State Nursing Board complaints?
Are you involved in a State Nursing Board complaint against your license?
What is a State Nursing Board Complaint?
Am I more likely to be sued for nursing malpractice or reported to the State Nursing Board?
Monday, April 1, 2013 at 6p.m. EDT
The cost of the webinar is $20.00.
You can register online at:
| Registration Link: http://nursinglaw.enterthemeeting.com/m/YSCWIDRP |
No continuing education credit is provided. However you can be emailed a certificate of attendance to include in your own nursing portfolio.
As you are probably aware, the Ohio Emergency and Acute Care Facility Opioid and Other Controlled Substances Prescribing Guidelines (OOCS Guidelines) were issued in May of 2012. The OOCS Guidelines were developed through a collaborative effort of health care/medical professional associations, individual medical professionals and state agencies that were brought together under the Professional Education Work Group of the Governor’s Cabinet Opiate Action Team (GCOAT).
These guidelines along with the accompanying patient handout and pocket card guide were distributed to all hospitals and emergency physicians in Ohio in August 2012. The OOCS Guidelines, patient handout, pocket cards and background information can be accessed at this link: http://www.healthyohioprogram.org/ed/guidelines.
Please share this information with emergency medical professionals and emergency and acute care facilities in your area and encourage them to implement these guidelines. A limited quantity of the pocket cards is still available. To request pocket cards please send an email to: BHPRR@odh.ohio.gov
I will be in Cleveland, Ohio meeting for three days meeting with several of my law firm clients this month who live in the Cleveland, Ohio area.
Do you have a pending complaint with the Nursing Board?
Has your nursing license been disciplined in another state and you want to know what to expect with the Ohio Nursing Board?
Have you been treated or diagnosed with a substance abuse disorder and you want counseling and advising on your next steps?
Do you have a workplace or nursing practice issue you want to receive objective advice and counseling regarding?
Have you been told that you will be reported to the Nursing Board and you want to know what's next?
Are you on probation and monitoring with the Nursing Board?
Is your nursing license suspended an attorney to review the terms/conditions for the reinstatement of your license with you?
Will you have to disclose a criminal conviction(s) on your 2013 RN Renewal in Ohio and you want to know how this will impact your license?
Then you should consider a legal consultation. See the attached document for additional information about legal consultations. A legal consultation is a one-time meeting for us to review your case, situation, and matter and to discuss your options. Download 2013legalconsultations
There is a charge for a legal consultaiton. I do not offer free legal consultations.
If you want to schedule a date/time to meet with me to discuss or review your case while I am in Cleveland, Ohio please email me at LDW@nursing-jurisprudence.com.
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:)
If you have to ask me do you need an attorney then 9 times out of 10 you need a lawyer.
I can tell you I don't represent myself in anything because I am my own worst enemy and I know it because I have a tendency to rationalize my own behavior, minimize my wrong doing, inappropriateness, or failure to do something, and think it is all going to be okay if I just tell my story. Also I can be a drama queen with respect to my own personal affairs at times. Does this sound familiar?
I have a nursing license and three law licenses, if I get a speeding ticket, I call my lawyer and let him worry about it; that's his job. I worked hard to obtain my licenses and have been blessed in Christ to have a busy law practice doing what I love. Now why would I want to take on the risk of advising myself in a legal proceeding when I can have the benefit of independent and objective legal counsel. I want to hear what he has to say about my legal matter not what I have to say about my own legal matter. Legal fees are a business expense and an expense that all licensed healthcare professionals especially nurses need to consider.
Yes, it cost money to retain an attorney and yes you can represent yourself before the State Nursing and counsel and advise yourself by doing your own research, relying on the statements of family, friends, and colleagues about what should happen and what is fair in your situation, and trolling the nursing chatroom and forums for information about legal issues in nursing and then applying this to your own case and situation.
Spend the money and hire a lawyer to represent, counsel, and advise you. If you can spend a few thousand on Christmas gifts, a vacation, downpayment on a luxury vehicle, loaning family money, or living beyond your means to keep up with the Joneses, why can't you spend a few thousand dollars on legal representation, counseling, and advising with respect to your nursing license which directly impacts your employability in nursing? If you don't have a nursing license, you can't work as a nurse. I really scratch my head when I see APRNs represent themselves before the State Nursing Board.
In a perfect world, nurses wouldn't need to retain lawyers and we all would have a perfect nursing practice and work in perfect nursing environments. We also would all hold hands and sing....
This isn't a perfect world. There are legal risks, potential liabilities, and action against the license behind almost every door in healthcare in addition to Vampires and Lycans. You counsel and advise yourself at your own peril and I see it everyday especially when nurses appear at hearings without counsel or just sign a Consent Agreement, Agreed Order, or Offer of Settlement with the State Nursing Board without understanding the implications for his/her nursing practice.
I am not saying you have to retain me but retain an attorney in your state of licensure who practices before the State Nursing Board frequently and move forward. Retain an attorney with experience before your State Nursing Board and then work with your attorney for the best outcome possible and probable in your case. Yes, it cost money to retain an attorney but it may be the best $2,222.22 to $7,777.77 you have spent. Yes, you can afford it; LPNs, RN, and APRNs earn decent salaries and hourly wages; it is just a matter of do you want to pay the costs associated with legal services for defending your license?
See the attached. Download KBNPillMillBillSpill
I would encourage APRNs in Kentucky to submit written comments to Nathan Goldman, Acting Executive Director and General Counsel for the Kentucky Nursing Board. Comments are accepted until October 1, 2012.
So what do you think? Do you think the Pill Mill Bill Spill Legislation is necessary or is it overkill?