If your license is disciplined

[ZZTopRN]

and you did not know about it and you ask the BON what address the charges against you were sent and they provide an unofficial document that has your signature on it, probably copied, and you were on the other side of the country and ask for proof that you received notification, do they have to provide this proof? I have been asking for proof for months and all they say is "you signed it.

I have been searching on the Freedom of Information Act but could not understand much about it. It seems that they also have something about being able to disclose or not allow certain information to be disclosed.

I have had several consults from lawyers and in different states and always get a different answer.

Probably few of you have been faced with discipline by the board, with the exception of impaired nurses, but I thought I would through it out there anyway.

Thanks for any possible information.

[BSNtobe2009]

I'm not a nurse, but I'm going to 'throw this out there'.

I have two professional licenses in other fields that are regulated by the state. With both agencies from which I have a license, if I move, I have 10 business days to notify them of my new contact information.

I wonder if the BON has any similar provision? If they do, that could be a problem if you moved and didn't tell them. However, if your signature is not valid, then someone obviously forged it.

[aainme]

thanks for the warm thoughts......yes my husband has a right to go before the board and fight for his license.....but he has to prove to them he did not use excessive force to handle the combative and confused patient ...the board stated "the allegation was of a serious nature and therefore he was a danger to the people of lousiana" so his license was suspended until the hearing in dec..... yes, we can take a plea....but that states he is guilty of battery on a patient.... this is just not true.... we also believe that this story needs to be told to other nurses... because my husband is a truly kind and gentle soul...and if this could happen to him, it could happen to anyone of us....it is so scary....i find myself almost crippled in my practice in the ICU.... where on a daily basis we encounter cofused combative patients..... i go home on a daily basis and have fear....my goal as a nurse has always to give the best of care to my patients and the families i deal with....now it is to cover my butt and protect my license.....love to all laura

[ZASHAGALKA, RN]

Just a reminder and a reason to secure your own malpractice insurance: many or most provide legal representation for board issues.

My policy has a $10,000 rider for legal representation for any issues regarding me before the board. I believe my policy is $108/yr.

That alone is enough a reason to get your own insurance. As someone said, you are just as likely or more so to face a board than a jury. Having a lawyer paid by insurance: priceless.

~faith,

Timothy.

[BSNtobe2009]

If your policy only covers $10K in legal fees, I would wager you are under-insured.

My divorce cost a 1/3 of that figure, and if you add on medical research to defend your license at an average of $250 an hour, and paying an expert to independently review anything you did under your license, you would blow through $10K in a skinny minute.

[vrhodes]

Could your union help you?

Over here the Australian Nursing Federation, our union, provide us with free legal cover if we have to face the board.

Good luck to all of you.

[ZASHAGALKA, RN]

If your policy only covers $10K in legal fees, I would wager you are under-insured.

My divorce cost a 1/3 of that figure, and if you add on medical research to defend your license at an average of $250 an hour, and paying an expert to independently review anything you did under your license, you would blow through $10K in a skinny minute.

While you are correct, that 10k will at least secure a lawyer and future fees could be negotiated and paid out.

In effect it is a retainer. That is still nothing to sneeze at for 100 bucks a year. (the main provision of the coverage is the 2/4 million dollar malpractice insurance, which is also part of that 108 dollars.)

~faith,

Timothy.

[aainme]

thanks for the reply timothy.....i never knew it was such a threat to go in front of the board....i now have the nsg insurance, but for my husband it is to late for that....i encourage any nurse reading this to take heed and aquire insurance....our attny costs 450.00 an hour.... and no clue how many hours it will take to defend him.....love to all laura

[Thoms RN]

Freedom of Information Act (FOIA) is federal. Licensing is a state issue. In California the BRN is the regulatory agency and California Information Practice Act is controlling. Basically they are required to tell you if they maintain a file on you and give you copies of it (except for those item specifically excluded in the act. Any notice sent to you that is produced as evidence should have a trail in your file, and that should be provided in response to an IPA request. For instance in the tax code (R&TC) it used to be required that a 'certificate of mailing' be maintained in the file for a notice of proposed Assessment. One element of Prima facie evidence of the validity of the assessment is the COM. No COM and one element is missing (the state must prove ALL elements of the crime. Now the requirement is a notice of proposed assessment must "have a post mark on it". But how can they prove that without a statement that something was post marked. A PERSON (usually an officer) in some agency has to state they sent something to you or it doesn't exist (in court). Administrative agencies often ignore you. There are specific legal (that is statutory) requirements in requesting information. You must do it in the proper manor, Then if they don't respond they are in violation of the law (IPA in California) and you can sue them (and win). A IPA request in my opinion should always be sent to an officer, never to an agency (BRN, FTB etc). Call and talk to them. Get someones name and office. They usually have an Information Officer. That's probably a good place to start. (You can always get the executive officer of an agency on their web site). Send your request and make a certificate of mailing (you state what you sent to whom and when; make a statement as to truth of your statement, sign [i certify under penalties of perjury under the laws of California this is true and correct) and date and maintain in your own file. if after the statutory period (check the IPA [or the equivalent in your state] 20 days I believe-Sundays and holiday's excluded) they have not responded, resend your request. I put a large watermark on mine saying PAST DUE. Do it three times which will take about three months since 20 business days is almost 30 calendar days. By the time you do this you will have seen the requirements (by researching the IPA) and also the penalties (against them for not complying). If I'm dealing with the FTB and they don't respond I go to their boss which is Board of Equalization. When dealing with the BRN, there boss is (I believe) Consumer Affairs. I hope this helps you. I just want to say four things. 1) I am NOT a lawyer and I do not give legal advice. What I have told you is the results of my own research and experience. 2) The law protects Vigilant as distinct from those who sleep on their rights. 3) The Internet is full information on how protect your rights-you just have look for it. Most of them teach you through traffic self defense since the principals of law are the same in any setting be it criminal or civil; Misdemeanor or felony or infraction. It's only the procedure (court or hearing rules in the specific forum) that change. 4) It is fun and exhilarating finding out much of the threats you recieve from government people are groundless. Also it is great being empowered! Best of luck.