Do You Need an Attorney for the BON?

I just received a call from a nurse in another state. She asked if she needed an attorney to represent her before the Board of Nurses in her state. She said that she thought if she just told the Board everything that she would be okay. Just in the short amount of time she took to explain her situation, she brought up several areas that would cause the BON concern and several things she brought up had nothing to do with the allegations against her. She was also very angry and then started crying.

I explained that almost every case a nurse going before the BON (in any state) should at least consult with an experienced attorney and in most cases, the nurse should hire an experienced attorney to assist with the BON. I told her that the Board is not there to protect or assist her, but to protect the public. I told her that an attorney can watch out for areas that have nothing to do with the allegations, but that are issues the nurse should not bring up; that an attorney can help the nurse in understanding the process and the easiest way to navigate the system and address the allegations; and since the attorney is not emotionally involved in the situation, the emotions do not become an issue.

I gave the nurse a couple of names of attorneys that I knew represented nurses in her state and then told her that she could contact The American Association of Nurse Attorneys or her state Nursing Association or the State's Bar Association for a referral. I also told her that doing an online search can give her some information as well. I told her to be sure that the attorney she hires is experienced in representing nurses before the BON (look at my other blogs for more info on how to do this).

Just like the disclaimers on TV: DO NOT ATTEMPT THIS ON YOUR OWN!

10 Ways a Ron Paul Presidency would Affect Health Care

I found this discussion about Ron Paul in another blog. I find Dr. Paul very interesting based on my experiences dealing with state government as an administrative lawyer. Based on those experiences I am in favor of anyone that supports LIMITED governmental involvement in our lives. Go have a look at "10 Ways a Ron Paul Presidency would Affect Health Care" because Dr. Paul has some interesting ideas. Some of his ideas are a direct reflection of the issues he has faced as a health care provider.

Lawyer for Texas Medical Board

I have received calls from physicians that find my blogs asking me to represent them before the Texas Medical Board. I refer physicians to one of my law partners, Tim Weitz, Jeff McDonald or Jon Porter. Please go to our website at www.healthlicensedefense.com to read the bios of each of my partners.

Nursing Board Investigations-Helpful Hints

There is a very good article in the December 2007 "Nursing That Works" newsletter. In the article, "When the State Board Calls: "Part I: Guidance from Nurse Attorney, Latonia Denise Wright" by Diane E. Scott, RN, MSN, Ms. Wright is asked multiple questions about Board of Nursing Investigations. The recommendations are straightforward and helpful.

Ms. Wright points out that nurses should strongly consider hiring an experienced attorney to assist them before the BON because the adverse effects of representing oneself can be detrimental. The next issue will feature an interview with an Executive Director of one of the BONs.

Protecting Yourself

My article "Protecting Yourself: What to watch for if the Board of Nursing comes knocking" was just published in the December issue of Advance for Nurses. In the article, I give some basic tips for dealing with the BON.