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You are here: Home / Archives for Nurse Practice Act

You’re Always A Nurse

November 7, 2019 by LORIE A BROWN, R.N., M.N., J.D. Leave a Comment

Year after year, nursing is voted as the most trusted profession.

And there’s good reason for that because we help people at their most vulnerable times.  We are entrusted with their health, their healing and their mental, physical and psychosocial well-being.

Historically, nurses were nuns which adds to our trustworthiness and credibility.

Anything that you do that could be unbecoming as a nurse, the Board can take action.  If you have a criminal matter against you, you must notify the Board.  Each state varies so I strongly recommended that if you are arrested, know your Nurse Practice Act and reporting requirements so you can report an arrest or conviction in a timely manner.

Remember, anyone can report you to the Board.  I’ve had ex-spouses report nurses to the Board.  Given this, it is important that you remember that you are a nurse 24/7 so no one will report you.

One of my biggest complaints about TV shows with nurses is when they are portrayed going to a bar in their scrubs and drink alcohol.  This is conduct unbecoming of nurse and is unprofessional.  I have no problem with anyone drinking responsibly but I would recommend changing out of your scrubs first!

Remember, it is your license and your livelihood and so protect it.

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Filed Under: Employment, License Protection, Newsletter, Workplace Issues Tagged With: arrest, board of nursing, conviction, criminal matter, license, license protection, Lorie Brown, Most Trusted, nurse, Nurse Practice Act, nursing board, nursing license, scrubs

Fatal Medication Error Update

October 24, 2019 by LORIE A BROWN, R.N., M.N., J.D. 1 Comment

The nurse from Tennessee who made a horrific medication error, RaDonda Vaught, was originally told there would be no charges against her nursing license.  Regardless, the Tennessee Board of Nursing since has proceeded to file charges.

I reported RaDonda’s story to you here wherein she accidently gave a patient vecuronium instead Versed which resulted in death.  Criminal charges against her are pending.  And on September 27, 2019, the Board filed charges against RaDonda Vaught’s nursing license.  The Board matter will likely be continued because when a nurse has a criminal charge pending, most attorneys advise the nurse to take the Fifth Amendment to protect her Constitutional right against self-incrimination.

I find the excessive delay in the Board filing actions against her license to be very concerning.  The Board can file charges when a violation of the Nurse Practice Act has allegedly been committed.  Clearly, RaDonda Vaught did violate the Nurse Practice Act by her fatal medication error.

As I stated previously, I don’t think a nurse should have criminal charges filed against her license for negligence, an unintentional act.  Clearly, RaDonda breached the standard of care resulting in death.

However, this matter is properly before the Board of Nursing and if the patient’s family chose to file a medical malpractice action.  It is sad when a nurse is doing her job, albeit incompetently, can end up with a criminal charge.

If you would like to review the charges against RaDonda’s license, click here.

What are your thoughts about the Tennessee Board of Nursing filing charges against RaDonda Vaught’s license?  Should the Board be able to file charges after telling her that no charges would be filed?  I would love to hear your comments below.

 

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Filed Under: Employment, License Protection, Newsletter, Workplace Issues Tagged With: board of nursing, criminal charges, fatal, medication error, negligence, Nurse Practice Act, nursing board, nursing license, RaDonda Vaught, standard of care, Tennessee

Did You Report?

February 7, 2019 by LORIE A BROWN, R.N., M.N., J.D. Leave a Comment

I’ve written often about if a nurse has a second license in another state and there is an action in one state, the other state may take action as well.  But, did you know in certain states you must affirmatively report an action in a second state?

Some think that if their license is on probation that they can go to work in another state where their license is “free and clear.”  Be careful!  If you do not voluntarily tell of a license matter in another state and the situation is found out, that may be a violation of that state’s Nurse Practice Act.

If you have a license matter, you should review your state’s Nurse Practice Act in all states in which you are licensed to determine whether you have to report the action in the other states.  In fact, even if you don’t have an active license, another state still can take action against your license.  Always make sure that all Nursing Boards where you have a license are kept up-to-date with your mailing address to ensure that you don’t miss any important communications from either state Board.

The American Association of Nurse Attorneys has published a position paper on the statute of limitations and retained jurisdiction.  The Association does not feel that it is proper to be able to take action against an expired license after the fact, when sometimes it can be years later.

You also can check the Annual Survey of the National Council of State Boards of Nursing to see how each state is set up and who performs their investigation.  It makes for interesting reading.

Another source is nursys.com, a public repository of actions taken on nurses’ licenses.  As well as checking on yourself, you can look up records on your coworkers as well to make sure there’s nothing there.

The bottom line is that should you have an action in one state and if you have a license in another, make sure that you do not need to mandatorily report that action.  It is better to be safe than sorry and report since it is public record anyway.

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Filed Under: Employment, License Protection, Newsletter, Workplace Issues Tagged With: discipline, domino effect, investigation, mandatory reporting, nurse, Nurse Practice Act, Nursing Boards, nursing license, Nursys.com, renewal

10 Mistakes That Will Get You Before the Board of Nursing

November 8, 2018 by LORIE A BROWN, R.N., M.N., J.D. 2 Comments

Lorie Brown, Nurse Attorney, lists 10 common mistakes that nurses make that will get them before the Board of Nursing. These mistakes you may not know are violations of the Nurse Practice Act. Are you practicing medicine without a license? Are you committing fraud and material misrepresentation?

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Filed Under: Employment, License Protection, Newsletter, Workplace Issues Tagged With: board of nursing, Fraud, Lorie Brown, Nurse Attorney, Nurse Practice Act, nursing board, practicing medicine

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