Re: really disappointed after my trip to the BON
Hello:
I wrote earlier and referred to my sister's situation.
Re: visiting a Board meeting. I went to my sister's trial and, later, to a board meeting when they decided on the disciplinary action. The trial was prosecuted by two Assistant Attorney Generals (AAGs). My sister was deposed prior to the trial and on the basis of her deposition, the charges were considerably reduced. That said, the AAGs were out for blood at the trial. There was sniping between the prosecuting and defense attorneys - similar to what you might expect in high school. And, believe it or not, the witnesses for the prosecution were permitted to testify over the phone. I'm convinced they were being coached on the other end as they testified.
My sister's attorney was confident that the judge would dismiss the charges altogether and did not produce an expert witness. Although the judge acknowledged the inconsistencies in testimony (outright lies), he did not dismiss the charges. Instead, my take is that he pretty much referred everything back to the Board. And then the Board left the entire matter of evaluation and recommendations up to Peer Assistance Services.
In my sister's instance, the Board meeting was very lackluster. At the beginning of the meeting, the audience was instructed to remain perfectly quiet and not to address the Board, unless first spoken to by the Board. In my sister's case, there was NO discussion about her case- only a rubber stamp of the recommendations made by Peer Assistance Services, which were recorded in documents and handed out to the other Board members when her case came up. For me, not much was gleaned from the Board proceedings.
From a learning standpoint, there is an organization called TAANA (The American Association of Nurse Attorneys -
www.taana.org). Their national website has a referral directory. It may be possible to contact someone from a local chapter who would be willing to be a speaker for a school or local group.
Additionally, there is a document titled "Legal Basics for Professional Nursing: Nurse Practice Acts," by Mable H. Smith, RN, JD, PhD. It is available online at the following.
http://nursingworld.org/mods/mod995/print.pdf
The CEU activity is expired, but the information is very good. I wish we were able to locate TAANA and this document early on.
I have no issue with bona fide offenses related to substance abuse and diversion. If you peruse the BON websites, it is shocking to see the number and magnitude of offenses. If you are guilty, it's best to simply "go with the flow." If you are confident that things will sort themselves out because you have done nothing wrong, think again. These processes take a very long time. BON and AAG personnel turnover, just as they do in any organization. You may have a sense that you are making headway with one person, and then another person, a stranger, suddenly has taken over your case. Once things get to the legal stage, there is nothing you can do to stop that ball. The earlier comments about having liability insurance are also well founded.
Ciao! I love your discussion.
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