Lorie Brown, Nurse Attorney, and Marc Lopez, Indiana Criminal Attorney, discuss what happens when a Nurse has been arrested, disciplined and/or investigated by an employer. They also discuss the best steps to take to avoid or lessen criminal charges as well as appearing before the Board of Nursing. Some of the other topics include controlled substances diversion, criminal diversion, Office of the Inspector General (OIG) Exclusion List, Nursys.com, ISNAP, Indiana Professionals Recovery Program … [Read more...]
Nurses And Marijuana
As you know, marijuana is legal in 9 states for recreational purposes and in 30 for medical purposes. However, even if it is legal where you live or visit, it may not be legal for you to use as a nurse. Unfortunately, it stays in your system for a long time and there is no good way to detect marijuana usage. Frequently, I get calls from nurses who had a positive pre-employment screen and subsequently they lost their chance for a job and were reported to the Board. The best advise that I … [Read more...]
When Helping Can Hurt You
As nurses, while we really want to help our patients, we sometimes find that our being helpful can get us into trouble. As you know, we are required to follow tons of rules. We have to watch our professional boundaries to make sure we are not overstepping. For example, if you work at an assisted living facility where one of your patients needs help getting groceries and you agree to get the items for the patient. This is crossing the line. You are there to provide nursing care and not … [Read more...]
I Don’t Know Is Not A Defense
“I didn’t know,” is a common response when a nurse comes to my office for legal consultation and I’ve just informed them of something of which they were previously unaware. However, if they have erred on some issue, “I don’t know,” will not be a defense. Here is a list of perhaps the 4 most frequent things that nurses will admit that they did not know. An educational teaching is a reprimand. If you are asked on your license renewal if you’ve ever been reprimanded, disciplined or … [Read more...]
Anything You Say Can And Will Be Used Against You
There probably is no one in the country who has not heard the phrase “Anything you say can and will be used against you.” I’ve been familiar with that saying seemingly forever. I always thought that referred only to criminal matters but apparently it now applies to nursing as well. I have had cases where a nurse jested with an off the cuff remark about something at work. Whether or not it was made as humor, employers seem to be taking these quips seriously resulting in the nurses being … [Read more...]
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