Board of Nursing Trends
By Jeff McDonald, J.D.
&
Tim Weitz, J.D.
2014©
Who is the Guy and Why Should I
Listen to Him?
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Former Prosecutors for the Texas Medical Board
Jeff McDonald - Former Director of Hearings &
Compliance for the Texas Medical Board
Tim Weitz – Former General Counsel for the Texas
Medical Board
Partners at McDonald, Mackay & Weitz, which
focuses on representing Health Care Professionals
before their licensing boards. Represented hundreds
of nurses.
20 + Years of Experience in this field.
Lawyer At Work
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Disclaimer
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The opinions expressed are mine.
My opinions may not reflect those of
McDonald, Mackay & Weitz, LLP
Educational purposes only
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Objectives for the Discussion
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Discuss the Nursing Board.
Investigative Process
 Legal Process
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Things that may get you in trouble.
Let’s Get Started
Please ask questions
What is the Purpose of Boards?
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TO PROTECT THE PUBLIC
Licensure
 Standard
 Investigation/Discipline
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Not to protect or help the licensee
Board Motivation
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The Board is not made of evil people
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There are political realities:
Legislature/Governor
 Media
 Malpractice Reform
 Consumer Groups
 Professional Organizations
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The Board
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Anyone can file a complaint.
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Investigations are confidential
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However, you are obligated to be honest about
on-going investigations.
The Process
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You receive written notice
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Told you must provide a written explanation.
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BE CAREFUL
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Ask for the investigative file
Investigation Mistakes
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You became an ostrich
You get mad/emotional
You fail to provide all the information
You fail to be truthful, take responsibility, and
show insight
Become a conspiracy theorist
Fail to get help
What to Do
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Truth
Insight
Responsibility
Professional
Experts
Corrective Action
Be Prepared
Emotion
Conversational
The Process
 It
takes a long, long time
 Makes
settlement offer or dismissal
 Informal
 SOAH
Settlement Conference
The Process
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Significant Collateral Consequences
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Public Action
Website
 Newsletter
 National Data Bank
 Local Media
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The Process
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Significant Collateral Consequences
Job loss/difficult to find new job
 Insurance exclusions
 Federal exclusions
 Malpractice rate increase
 Practice limitations
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Attorney Wanted
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Important: I’m not looking for work!
Experience
Has appeared before the agency
 Knows the staff
 Knows the Board members
 Knows the law, rules, procedures, policies and the
unwritten rules
 Has a good reputation
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Insurance
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It is wise to invest in your future:
GET INSURANCE.
The Four Laws
of
Professional License
First Law of Professional License
Every health care professional has a
Violation Potential, which is dynamic
and changes over time.
Second Law of
Professional License
Perception is 9/10th of the Law.
If it looks bad, it is bad.
Third Law of
Professional License
Protect yourself at
all times.
Fourth Law of
Professional License
The Board is
always right.
Ugly Truth
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You are a nurse 24/7
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What you do outside of the professional
environment can effect your license.
Awareness
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You need to be aware of what your professional
and ethical duties are.
Jeff & Tim’s Top 14
List
That Will Get You In
Trouble!
FOURTEEN
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Failure to get your required continuing
education and/or timely renew your license
THIRTEEN
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Malpractice Suit
TWELVE
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Peer Review
ELEVEN
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Suffering from a mental illness
TEN
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Substance Abuse
TPAPN
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Need to be aware of TPAPN
Five Years of Monitoring
NINE
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Providing False or Misleading Information to
the Board
EIGHT
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Improper Supervision/Delegation
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Critical that you are aware of the law and rule
changes for delegation and supervision
requirements.
Rules are still being tweaked by both Nursing
and Medical Board. You must be aware.
Good basic, God-given common sense.
SEVEN
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Bad Records
SIX:
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Arrests
FIVE:
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Disruptive/Unprofessional Behavior
FOUR:
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Improper Self-Disclosure – It’s not about you.
THREE:
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Boundary Violations.
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This means sex…
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Consent is NOT a defense because of the
unique relationship between nurse and patient.
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Time may not be a defense
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Any “inappropriate” touching,
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Technology may not be your friend.
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Remember the “E” in Email.
Prohibited Acts Include:
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Social Media can also get you in trouble
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The economic or other relationship boundaries
that can invade an appropriate nurse-patient
relationship.
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Dual relationships – Relationships outside the
Nursing-patient dynamic.
TWO
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Incompetent and Bad Medicine
One
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Improper/Non-Therapeutic Prescribing
Understand
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The actions and decisions you take and make
affect you professionally.
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One poorly thought out decision can follow you
for the rest of your life.
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Understand the consequences of your actions.
Questions in Private?
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Please contact us directly at:
Jeff McDonald 512-257-0927
 jeffbmcd@sbcglobal.net
 Tim Weitz (512) 322-9202
 weitzmcfirm@austin.rr.com
Jeff McDonald
Tim Weitz
McDonald, Mackay & Weitz, LLP
1411 West Avenue, Ste. 200
Austin, Texas 78701
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