My 2 Cents

Two Ohio LPNs indicted for Allegedly Stealing Pain Medication in a Nursing Home

Imagine my surprise today (not really) when I click on the Cincinnati Enquirer website www.enquirer.com and see the following article about two LPNS indicted for  stealing drugs. These nurses will be facing not only criminal investigations but also Ohio Board of Nursing disciplinary investigations for the allegations.

http://news.cincinnati.com/apps/pbcs.dll/article?AID=/20080701/NEWS0107/307010014

Here is the cut and paste of the article:

Two nurses have been indicted on charges they stole pain medication intended for residents of the retirement community where they worked.

It’s a mean thing to do for mom or grandmom that needs the pain medication,” Warren County Prosecutor Rachel Hutzel said this morning.

The two LPNs, both in their 20s, worked at the Otterbein Lebanon retirement living community, Hutzel said. The alleged incidents occurred in May, and were investigated and reported to authorities by Otterbein staff, the prosecutor said.

The indictments were returned by the county grand jury Monday.

Roxie Adrienne Luff was indicted on five counts of theft of drugs, two counts of possession of dangerous drugs, two counts of aggravated possession of drugs and two counts of illegal processing of drug documents.

Jennifer Faulkner was indicted on three counts of illegal processing of drug documents and three counts of theft of drugs.

Both nurses are accused of entering into Otterbein records that they had given specific doses of pain medication to retirement community residents, Hutzel said.

“In both cases they (the medications) were stolen for personal use” by the nurses, the prosecutor said.

Faulkner is accused of stealing Oxycodone, and Luff is accused of taking Oxycodone and Hydrocodone, Hutzel said.

The two nurses did not know each other and were not aware of what the other was doing, the prosecutor said.

Don Gilmore, president of Otterbein Homes, said the two indicted employees have been fired.

“The system works,” Gilmore said of how the facility’s own internal safeguards uncovered the alleged falsification.

A check of the records showed that certain pain medications were given to specific patients only when the two nurses were on duty, he said.

No retirement community residents actually suffered because of the alleged thefts, Gilmore said.

The medications involved were available to the patients as needed, but not given out on a regular basis, Gilmore said.

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United American Nurses (UAN) press release about the Michigan Nurses Association

See this press release from the UAN President Ann Converso regarding the Michigan Nurses Association's withdrawl from the American Nurses Association.

http://www.uannurse.org/media/press.html?view=press_release&press_id=356&year=2008.

Statement by UAN President on Disaffiliation of the Michigan Nurses Association from the American Nurses Association

Silver Spring, MD – UAN President Ann Converso, RN, today commended the members of the Michigan Nurses Association for their longstanding commitment to staff nurses, the union movement and the important work of the United American Nurses, AFL-CIO:

“In their recent decision to withdraw from the American Nurses Association, the Michigan Nurses Association again demonstrates that their first and foremost priority is to champion the cause of staff nurses. By comparison, actions by the American Nurses Association at their House of Delegates made it clear that staff nurses are an afterthought or even an annoyance on the ANA priority list.

“On behalf of the UAN Executive Council, I salute MNA for taking this courageous stand for staff nurses, our patients and our profession. Despite the decisions by the ANA House to once again relegate staff nurses to second-class citizens within their organization, UAN remains steadfast in our mission to have staff nurses driving our organization—in our fight for safe staffing ratios, safe patient handling legislation, the right to choose a union, organizing unorganized nurses and more. I know we will be successful because we are building on the powerful work undertaken by MNA and other strong UAN Affiliates in their own states.”

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I posted about this mess starting months ago and the crap is hitting the fan now that the ANA House of Delegates is over. This is the reason why the majority of nurses don't join and support the ANA Enterprise unless its mandated.

Common Theme from June 2008: Failing to Appreciate the Adversarial Nature of Nursing Board Investigations

June was a very interesting month as far as law office phone meetings, inquiries and consults.

One common theme was failing to appreciate the adversarial nature of Nursing Board investigations. Common remarks from nurses were:

"I thought the Nursing Board was on my side"

"I didn't know I could hire an attorney"

"I didn't think this was THIS serious"

"I only did what I told to do by the Board and this is where I am"

"I dont' have money to hire an attorney"

"Why should I hire an attorney, I didn't do anything wrong"

"Hiring an attorney, makes me look guilty"

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This is one of the reasons why nurses don't stay in nursing

A nurse has been accused on inappropriate conduct in the workplace.

The nurse wanted to know what are his rights. When the nurse asked the employer, what are my rights, the employer (in a meeting with his nurse manager and human resources rep) replied "you don't have any rights and you cannot do anything to defend yourself in this investigation."

The nurse wanted to know if he has a right to know what he is being accused of and who the accuser is in this situation.

What do you think? What are your rights in the workplace? What are your rights, if any, in an internal investigation by a private employer (non-governmental)?

Will I remain a member of the ANA and the Ohio Nurses Association?

I had someone email me yesterday asking this question. The ANA House of Delegates ended Friday. I was not able to the attend the ANA HOD (gosh darn!).

Therefore I need to review what was adopted, adopted as amended, and rejected before I make a decision.

Several Ohio Nurses Association members (who I respect and adore) commented to me that any decision made now will be in the heat of moment and I should give it at least one year.  

I need to "get the skinny" on what happened at the ANA House of Delegates. Its trickling in slowly.  

Will I remain a member of ANA and ONA? I will for a period of time. I am a delegate for the Center for American Nurses from the Ohio Nurses Association and I would lose this status if I terminated my membership with ANA/ONA.

Will I remain a member of the ANA Congress on Nursing Practice & Economics? No.

Will I remain a member of the Center for American Nurses? Yes

Michigan Nurses Association withdrawing from the American Nurses Association

I missed the ANA House of Delegates this week. I attended the Center for American Nurses Membership Council meeting but had to leave immediately after because of business. (Hey, I have to make a living too!). This were starting to heat up when I departed on Monday however alot of the delegates and state nurses association presidents and executive directors had not arrived for the House of Delegates (Wed-Friday).

The Michigan Nurses Association (MNA) has 10,000 members and has decided to w/d from the American Nurses Association.

See the Press Release. http://www.minurses.org/news/press/2008/062708ana.shtml.

My Cousin Vinny is an Attorney and He said that I should.....

I should have posted on this subject a while ago.

I am frequently contacted by a nurse who has a family member who is an attorney. Whether its a spouse, brother, sister, cousin, uncle, mother, etc.

The nurse will then proceed to tell me that this is how their family member suggested that a licensure defense action should be handled or this is their attorney family member's opinion on the issues in the licensure matter.

I have a large immediate family and an even larger extended family here in Cincinnati. When a family member asks me to comment on something their attorney said, I state I can't comment. You retained your attorney and your questions and comments should be directed towards your attorney. I also remark that I am a licensure defense attorney (this is a very narrow specialty) so why would I have an opinion on your personal injury case or your worker's compensation matter.

But that's me.  

I declined to represent another nurse a few years ago who was in the process of retaining me but after each of our discussions who would contact her sister (who was an attorney in another state and worked in a med mal plaintiff's firm) and ask her sister what she thought about my advice and counseling. I think not.

But that's me.

What's Up with STNAs Stealing from Nursing Home Residents?

Here is the cut and paste of an article that appeared on the Cinti Enquirer website on Wednesday, June 18, 2008:http://news.enquirer.com/apps/pbcs.dll/article?AID=/20080618/NEWS0107/306180058.

Woman charged in credit card misuse

Michael Dowlar looked through his father’s credit card bill and saw something that alarmed him: Forty-four unauthorized transactions totaling $1,042.57.

One of them was a payment to a T-Mobile account in the name of Sarah Alexander.

Sarah Alexander is an aide at the Blue Ash Nursing home where Dowlar’s father, also named Michael Dowlar, is a patient.

The younger Dowlar called police.

Alexander, 26, of East Westwood, was in court this morning, facing a charge of misuse of a credit card and some harsh words from a judge.

“This is despicable,” Hamilton County Municipal Court Judge Ted Berry said about the allegations, “preying on the elderly.”

He set her bond at $2,500 and ordered Alexander to stay away from the nursing home, where she said she no longer works.

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I was relieved after reading the accused in this case isn't a nurse. I wonder if she is a nursing student.  

Why in your opinion are we seeing more cases like this where STNAs are misusing and misappropriating client property and funds?

Is it the ecomony, foreclosure crisis, low STNA wages, working conditions for STNAs in nursing homes, or just "good old fashion" greed?

Guess What? Nurses Are Sued by Former Nursing Employers

I was contacted by another nurse who is being sued for breach of contract by a former nursing employer.

This is the 2nd or 3rd time this year I have been contacted this year by a nurse being sued by a former employer for breach of contract related to an employment agreement.

Just a few thoughts:

1. Each of the nurses who contacted me DID NOT have professional liability insurance. Guess what, you are responsible for the costs and fees related to your legal defense and its costs money to retain an attorney. Are you seriously going to try to represent, counsel, and advise yourself in a civil matter where a preliminary injunction has been filed, the case will be arbitrated pursuant to the employment agreement by the American Arbitration Association, etc?

2. You should not sign an employment agreement without having it reviewed by your own attorney first. Let me rephrase this, Why would you sign an employment agreement without having it reviewed by an attorney first?

Guess what, it costs money to have an attorney review a contract. Some attorney will charge you a flat fee to review an employment contract and meet with you to discuss your options and the terms and conditions in the contract. Don't just go off "willy nilly" and sign an employment agreement thinking that the chances of your employer or former employer suing you are miniscule. No sir re Bob!

3. If you receive correspondence from a former employer's attorney, don't blow it off. Schedule a consultation with an attorney to discuss your options. Guess what, it costs money to have an attorney consult with you. Some attorneys charge a flat fee consultations.

4. You really place yourself at a disadvantage when you don't have your own professional liability insurance and you are named as defendant or a complaint is filed against your license unless you can afford to retain an attorney "out of pocket." 

Liberty or Licensure & Livelihood: Ene Mini Miney Mo, Criminal Defense Attorney or Licensure Defense Attorney

If you are charged with a crime as a licensed nurse (RN, LPN, APRN) you may have to retain a criminal defense attorney and a licensure defense attorney.

1. If you are charged with any crime (outside of traffic tickets) retain a criminal defense attorney.

2. If you are contacted by the State Nursing Board about the pending criminal matter, you can retain your criminal defense attorney to represent you in the licensure matter or you may have to retain a licensure defense attorney.

How will the Board of Nursing know about a pending criminal matter and charges? Law enforcement, your current or former nursing employer, another state regulatory agency, etc. may have contacted about the Board especially in the alleged criminal conduct occurred in a facility.

Its not uncommon for nurses to have a criminal defense attorney and a licensure defense attorney. There are criminal defense attorneys that also handle licensure matters however this may be a seperate retainer and fee.

Why am I mentioning this? I have terminated the attorney-client relationship with three nurses for non-payment of legal invoices in the last 30 days. All three of these nurses had to retain a criminal defense attorney and then retained me as their licensure defense attorney. Clients can terminate attorneys and attorneys can terminate clients.

When a nurse is charged with a crime, retaining a criminal defense attorney or securing the services of a public defender (if you meet certain income guidelines and depending on the criminal charges) is a priority. Its your liberty. However your nursing license is your livelihood and should be a priority also.

3. Consider purchasing your own professional liability insurance policy. It will not cover criminal defense fees but it will cover licensure defense before the Board of Nursing. The three nurses I represented and subsequently terminated did not professional liability insurance.

4. I know alot of us are living paycheck to paycheck in these tough economic times. However you are licensed professional. Save a dime or two here and there for a pinch. I don't think anyone goes to work as a nurse and says "I am going to do something that gets me charged with a crime and reported to the Nursing Board" but if this happens you may be a pinch. See http://www.thefreedictionary.com/pinch.

I have had at least 4 nurses contact me in the last 45 days saying they don't have money to retain a licensure defense attorney because they had to retain a criminal defense attorney. What do I say? I feel for these nurses however attorneys like nurses expect compensation for practicing.

Which is most important in your opinion when a nurse is charged with a crime and is also being investigated by the Nursing Board: retaining and paying a criminal defense attorney or retaining and paying a licensure defense attorney?