June - 2018

Reported to the Board of Nursing

WHO WE ARE AND WHAT WE DO

We are a group of Registered Nurses and Nurse Consultants. We provide nurse lead case management to assist nurses in responding to complaints made to State Boards of Nursing. We will work with you if you are without attorney representation or we will work with you and your attorney. Our team includes nurses from a variety of clinical specialties. All of our nurse consultants have extensive clinical experience and are thoroughly familiar with the process of a board investigation and the nursing board disciplinary process. We work with you by assigning you a Case Manager. A few of the services we offer are:

Researching the applicable standard of care to rebut board charges;

Determining if your investigator is qualified by experience, and education to speak to the standard of care being represented (Investigators may not be experienced in your specialty or even nurses.);

Assistance in obtaining your board file and any evidence in the board’s possession;

Assistance in writing rebuttal letters;

Assistance with answering further correspondence from the board;

Assistance with formulating questions to gather information from your investigator;

Assistance with arranging either requested by the board or to support your defense such things as toxicology testing, polygraphs, or personality testing (i.e. MMPI);

Assistance with generally working up your case;

Assistance in preparing for an informal hearing;

Assistance in obtaining discovery and helping you get all discovery needed;

Assistance with preparing and filing motions and;

Preparing for State Office of Administrative Hearing trials and,

Locating expert witnesses to testify on your behalf at Administrative Hearing.

We do not insist you have an attorney if you cannot afford one, though we recommend you plan to hire an attorney in the eventuality your case goes to an administrative hearing. Finding yourself having been reported to the board of nursing is one of the most anxiety producing and potentially costly experiences you will ever go through. There is however, hope and help available. We are your advocate and guide you through every step of the process. We have assisted nurses come to a successful resolution to a board of nursing action against their license. We can help you along the way and though we do not make any promises as to a particular outcome, we have been successful in helping nurses defeat charges against their license. We do not charge for our services. Instead we rely solely on donations from the nurses we help. Not charging for our assistance in no way limits our commitment to helping you. We are dedicated to doing all we can to support you and assist you in dealing effectively with the board of nursing. Below is what nurses we have helped defeat an action against their license are saying about us:

“ With my unjust dealings with a nursing board ruling against me with impunity, I feel so blessed to have found Darlene Nelson. She had my back every step of the way, including helping me write my request for reconsideration letter to the board after their baseless ruling. I’m lucky enough to have had a positive outcome as the board capitulated and withdrew their ruling. I could not have done this without Darlene’s help.” Tom Maxwell
"I love being a nurse regardless of the challenges we face day to day. When I was falsely charged, reported to the board, and retaliated against I felt helpless and isolated. I had to remember that I'm wasn't alone and my license was hard earned. I wasn't willing to give up easily. I looked for an advocate who would fight with and I found Darlene. She has given me priceless advice, an ear to listen to my concerns, and an overall resource of information. Being a nurse herself, she understands what happens in nurse practice. I'm so appreciate for her help." DA
"Darlene and Associates have been an amazing resource while I’m dealing with the board of nursing. They literally are the first knowledgeable people who have listened to my entire situation while asking pointed and important questions. The Board has contacted not one person, not even me!, to see what the real story is. They have provided me with education on the process, a check list to make sure my lawyer has requested everything she has legal right to ask for, as well as codes backing up all of my decisions. I feel much more confident going in to my mediation and am planning on helping them see to it that the Nursing Board has appropriate oversight in the future to help other nurses. I can’t recommend these people enough. You NEED them on your side!" Michelle R

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When is Enough, Enough. Nursing and the Culture of Fear

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Jun 29, 2018

Is the Texas Board of Nursing Just in Their Discipline Process?

My answer is a flat no. Justice is not their aim. Truth is lost within the process. In criminal matters how the Board forces a nurse to a finding of guilty would be considered prosecutorial misconduct. Civil rights and due process are ignored. First after notifying you of complaints the Board will take months to review the evidence. Holding you in a constant state of anxiety. If at an informal hearing the Board representatives based on the evidence decide together your charge

Jun 25, 2018

Is the Board of Nursing Accountable to Anyone?

Well a Board of Nursing would say they are accountable to the public. That they further patient safety. But do they when they not only cause such collateral damage by wiping out the career of much needed experienced nurses but also in permitting unsafe conditions to persist? And they do so regarding false allegations reviewed by non nurses. Often resulting in overdisciplining nurses for mistakes that did not result in patient harm. The result is punitive and not corrective an

Jun 21, 2018

Sick Healthcare

In the past quarter century,” ..... “the American medical system has stopped focusing on health care or even science. Instead it attends more or less single-mindedly to its own profits.” And those are impressive profits indeed: The business of health care is booming. Armies of workers contribute their medical, financial, pharmaceutical, digital, and entrepreneurial expertise. Rosenthal, though, is not among them: A physician who left the practice of medicine for journalism d

Jun 19, 2018

When the Bully is a Doctor

By Mikkael A. Sekeres, M.D. June 14, 2018 Years ago, when I was a medical student trying my hand at a variety of specialties, I spent two months on the surgery service. The days were rigorous, starting before 5 a.m., when I was expected at the hospital to round on patients who had recently undergone surgery. I then scrubbed in to the first operating room case of the day, at 7 a.m. Depending on the complexity of the procedure, we wouldn’t emerge from the O.R. for hours, biolo

Jun 17, 2018

Board of Nursing Discipline: Requesting an Informal Hearing

As soon as you have received your file from the Board of Nursing review it carefully with a Nurse Advocate. Gather evidence from your file and formulate a timeline. Only you know what mitigating circumstances were at play. Then request an informal hearing. It will likely take months before you hear back from the Board as to whether they "granted" your request for an informal hearing. An informal hearing is not a guaranteed part of the process. After you have been granted a he

Jun 15, 2018

Pyxis Errors

A quick search of the web quickly pulls up sites where nurses are sharing the anguish of being accused of not appropriately wasting or diverting a controlled substance. Pyxis errors are increasingly common reasons for termination and being reported to the Board. Sometimes the nurse did fail to waste appropriately or diverted drugs. Even such actions don't always spell the end of your career. But what if you did not do it? Well there are reasons nurses are thought to have com

Jun 11, 2018

Board of Nursing Power to End Career

I agree the nurse in this situation needed corrective action. She was a bully and abusive to staff. Question however, needs to be why. Did life happen to this nurse? Was she undergoing a painful divorce or depressed? Research shows and I can attest from 31 years as an ER RN that Physicians abuse nurses frequently and are given a pass. I've experienced Physician intimidation, degradation, and even physical assault. I do not know a nurse who has not worked in the hospital setti

Jun 7, 2018

Texas Board of Nursing and Due Process

Did you know that when the Board of Nursing accepts complaints against you that you are not afforded a reasonable voice regarding your side of the story? It is highly unlikely that the Board Investigator will contact you for questioning. When you first receive notice of the complaints you are given a short period of time in which to respond to each complaint as "how you complied with the NPA." It is nearly impossible to respond intelligently since you need the charts and oth

Jun 4, 2018

JURY VERDICT FOR RETALIATION AGAINST NURSE

CHS Ordered to Pay $2 Million For Ohio RN Fired and Defamed for Patient Advocacy, Union Activity ShareFacebookTwitterGoogle+ National Nurses Organizing Committee - Ohio February 06, 2015 A civil jury has ordered an Ohio hospital, part of one of the most notorious anti-union hospital chains in the U.S., to pay over $2 million in damages for its actions against Ann Wayt, an Ohio nurse it fired, illegally sought to have her nursing license revoked, and then defamed in retaliatio

Jun 3, 2018

DNV V. JC

I found this reply to an article at. RED FLAG accreditation http://www.actionforbetterhealthcare.com/tjc-vs-dnv/ I inspected one hospital that I’m confident TJC would have ruled immediate threat to life and issued either conditional or non-accreditation. The DNV accredited them. As a patient safety advocate, that was very disturbing. I have another client that actually complained that the survey was a sham and has asked my company to come give them a “real” survey. The proble

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