Blog - Brown Law Office

Scam Bon Actions

September 3, 2020 by LORIE A BROWN, R.N., M.N., J.D. 4 Comments

You receive a letter from the Board of Nursing, and you’re scared to death!

Would you believe that, in Idaho, nurses are receiving mailings from the U.S. Department of Justice Drug Enforcement Administration accompanied by a cover letter from that state’s Board of Nursing notifying the recipient that their license is to be suspended. Click here.

On first blush, it appears to be official and all legal in notifying the nurse that their license is about to be suspended. It has the nurse’s name, registered address, an investigation number and even her nursing license number.

The letter asks for money to post a bond which MAY be refunded once the case is resolved.

These are FAKE!

There are red flags throughout this letter.

(1) The Board of Nursing would never ask for money upfront. You have an opportunity to contest your matter.

(2) One of the requirements cited in the letter was that the nurse was not to share or disclose anything about this “investigation” to any third party. An attorney is a third party. This letter does not say you have the right to talk to an attorney. This is paramount language for all Board matters. Some letters even say if you choose not to hire an attorney, we will consider this a waiver of your right to counsel.

(3) The letter demands you submit a refundable government security bond for which the Board never requests.

These are huge red flags that these letters and documents are not legal. In fact, the mailings are an act of fraud.

Unless a Board of Nursing takes action for emergency suspension, which is required to give notice, the nurse’s license cannot be suspended in any way without first having an opportunity to be heard. The Board also would have to give the nurse an opportunity to seek legal counsel.

It is infuriating that these scam artists play on the fears of dedicated, hardworking nurses to steal their money. A nurse getting such a communication would be terrified in thinking that their license is about to be suspended.

Any nurse who receives a suspicious letter from the Board of Nursing, any state or federal entity, should have as their first response to seek the advice of an attorney.

These scams are facilitated by the fact that a nurse’s information is a matter of public record and the thief has no challenge in getting the victim’s address and license number to initiate their crime.

Hopefully, you will note and take heed of the “red flags” noted above to protect yourself by immediately seeking the assistance of an attorney should you ever receive such mail.

Pass my warning around to all your nursing colleagues and please report any such scams to the appropriate authorities. This is our best way stop or at least curb this type of criminal behavior.

Yikes! My Nursing License Has Been Placed On Probation

August 12, 2020 by LORIE A BROWN, R.N., M.N., J.D. Leave a Comment

Each year 7,000 nurses have some type of discipline put on their license.

When a Board disciplines a nurse, it can usually do 1 of 4 things.

Give the nurse a reprimand which is like a slap on the wrist.
Place the nurse’s license on probation.
Suspend the license.
Revoke the license.

The most common option seems to be placing the nurse’s license on probation. This is called an encumbered license which will be noted in the public records. A nurse on probation may have a difficult time finding a job with an encumbered license and it must be disclosed to any potential employer.

Furthermore, a potential employer can easily find this information on nursys.com or on the website of the Nursing Board in your state. In addition, the nurse will be reported to the National Practitioner Data Bank any time an action is taken against their license.

One of my sayings is it’s easy to get on probation and may be hard to get off probation. At least in Indiana, to get off probation, a nurse must petition the Board and actually attend a hearing where the nurse is put under oath and the proceedings are transcribed by a court reporter.

The nurse then must present an opening statement, call witnesses, introduce evidence, cross examine any opposing witnesses and then present a closing argument. This is a legal proceeding and the nurse has a right to be represented by an attorney.

The nurse not only must show that she has complied with every requirement of the probation but also present that the conditions that led to her license being placed on probation are no longer present.

My best words of advice are to take your probation seriously and comply with every requirement as if your livelihood depended on it! In fact, it very well may determine your future career as a nurse.

If you are required to submit documents to the Board, make sure that you send them via certified mail or, in the alternative, by email … and make sure you keep copies of everything.

As I noted, finding a job may be difficult while on probation however, nurses are needed now more than ever.

Rather than just submitting an employment application online, I advise you to find out who the “decision-maker” is and talk directly to that person.

Probation is not the end of the world but you do want to avoid that possibility because prevention of a problem is the best defense.

RaDonda Vaught Matter Revisited

August 6, 2020 by LORIE A BROWN, R.N., M.N., J.D. Leave a Comment

In Midland, Texas, 6 nurses who contracted with Midland County Detention Center were criminally indicted recently for manslaughter, criminal negligent homicide and tampering with a governmental record allegedly failing to keep proper records and possible false charting. There is not much information in the media to glean except that it involved nebulizer treatments. There is no mention of the medication in the nebulizer treatments.

This is very concerning that nurses are being indicted criminally. They may have made a mistake. Does that rise to the level of criminality?

I believe that it may be malpractice, if proven, but should nurses be charged criminally for making a mistake?

I have discussed and written on this matter previously regarding RaDonda Vaught. As you may recall, she is the Vanderbilt Healthcare System nurse who gave a patient Vecuronium rather than Versed for a patient undergoing radiologic imaging. The patient became paralyzed including her respiratory muscles and she died.

The Tennessee Nursing Board originally chose not to file disciplinary action against Ms. Vaught. However, when criminal charges were filed against Ms. Vaught, the Tennessee Board of Nursing chose to reconsider and then did file charges against her.

Now, Ms. Vaught is facing disciplinary action against her license which could lead to the revocation of her license. She wants to fight the criminal charges and the Nursing Board matter.

Unfortunately, when these things happen, the nursing board matter often is addressed sooner than the criminal matter.

Ms. Vaught’s attorney argued to the Board that its matter should be stayed until resolution of the criminal matter. The Board did not agree.

Originally, her Nursing Board Hearing was scheduled for May 20, 2020. Ms. Vaught’s criminal trial was scheduled to begin July 13, 2020. However, I believe, with COVID, all of these things have been continued as my reference was pre-COVID.

According to the Fifth Amendment, every American citizen has a right to protect themself against self-incrimination. However, Ms. Vaught does not feel she can successfully defend her nursing license unless she is allowed to testify. Unfortunately, her criminal attorney will not allow her to testify as the attorney has recommended that she plead the protection of the Fifth Amendment.

Because it is an administrative agency, the Nursing Board can determine whatever weight or inferences to a nurse pleading the Fifth Amendment. I believe that when someone pleads the 5^th, it should not be used against them.

Ms. Vaught’s attorney is appealing the decision to require her to proceed in the Nursing Board matter prior to her criminal trial but I do not believe there has been a ruling yet.

I can understand why the nursing board would require a nurse to resolve their nursing board matter as soon as possible because when a nurse with a serious allegation is pending, there is concern for the safety of the public.

In some states, the board will request that you agree to a voluntary suspension of your license while your criminal matter is proceeding. This is a fair resolution because most likely, a nurse will not be working with a criminal matter pending and a complaint against the nurse’s license pending. The worst thing about this is that even if the criminal matter is dismissed or you get a not guilty verdict, the nursing board can still determine the case on its merit.

Devastating Effects of PTSD on Nurses

July 30, 2020 by LORIE A BROWN, R.N., M.N., J.D. 1 Comment

Post Traumatic Stress Disorder (PTSD) occurs in nursing from repeated direct and indirect exposure to traumatic situations. Nurses see every part of humanity: the good, the bad and the ugly.

In a study done prior to the COVID pandemic, 95% of psychiatric nurses in the nation matched the criteria for exposure to PTSD. Another study showed that 24% of ICU and general acute care nurses reported PTSD symptoms as well, while only 17% of emergency room nurses had a probable PTSD diagnosis.

Karen J. Foli, an associate professor at Purdue School of Nursing in Indiana, published an article in April noting that of the 1478 questionnaires, 372 nurses commented about job trauma they had experienced. Responding nurses who work longer shifts and are exposed to unsafe situations that jeopardize patient safety only intensified these findings.

Nurses are required to hurry through tasks, going without food and hydration during their shifts, sometimes without even a restroom break, resulted in unwittingly falsifying patient care documentation. Nurses experienced a range of emotions among which were stress, anxiety, grief, guilt, anger, burnout, and flashback.

According to a February 3^rd press release from the University of California at San Diego (USC-San Diego Health), the suicide rates for the nation’s female nurses was 10 out of 100,000 while for male nurses it was 33 per 100,000! This data was compared to the general public counterparts which were 7 out of 100,000 for females and 27 per 100,000 for males.

According to the World Health Organization, suicide is the 10^th leading cause of death in the global population. It is so sad that nurses are the forerunners in these studies. Most nurses recover naturally from the mental and physical toll that befalls them, however, a small minority will not.

As a nurse, it is important that you get the help that you need, to work in a safe, supportive workplace and to get early intervention if necessary.

Here are some courses available from nurse.com which can help you understand more about PTSD and anxiety disorder.

In the meantime, if you are not working in an environment that is safe and supportive, maybe you need a change because your mental health and wellbeing are too important, and so is your license. You can always get another job but not another license.

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