A BRN Investigation is Like Totaling Your Car

Have you or a family member ever been in a car accident? I mean any kind of car accident… a fender bender in your kid’s school parking lot (I have) … rear-ended by someone talking on their phone (I have) … or side swiped by someone who doesn’t know how to merge? (I have). Those fender benders are a pain in—well—the fender.

I’ve been in 11- count them -ELEVEN car accidents. Some much worse than little fender benders… in 3 of those, my car was totaled.  2 were hit and runs.

A totaled car is a catastrophic experience; it turns your whole life upside down: Rental cars, Insurance companies, doctors visits, medical bills, attorney consults, time off from work, new car shopping, all of it. It takes years to get it all sorted out not to mention thousands of dollars! As a result of my car accident magnetism, I have really -and I mean REALLY good car insurance.

Don't let your RN career end up like this

But most people are not like me- they’ve been in maybe one little fender bender and they don’t think one of those big accidents will ever happen to them. They are safe drivers. They have clean records.

Do you know not one of those car accidents were my fault. I was hit by some else. Every single time.

Imagine that there was no such thing as a fender bender- suppose you knew for a fact that every time a car accident occurred, it would TOTAL the vehicle. For most, a car accident is a once in a lifetime thing but if you knew that the one time it could happen, it would be catastrophic and life changing, I bet you would think twice about how you protected yourself. I bet you would have really -and I mean REALLY good insurance.

Most nurses are like the fender bender drivers. They don’t believe that there will ever be a complaint filed against them or that they will ever be brought under investigation so they are content with their facilities coverage or whatever their malpractice insurance gives them.

EVERY BRN INVESTIGATION IS THE CAREER EQUIVALENT OF TOTALING YOUR CAR.

•  
• It will take years to resolve, even if you’re innocent.
• It will cost tens of thousands, even if you’re innocent.
• You could lose your job, even if you’re innocent.
• It will burden you and your family with unimaginable stress, even if you’re innocent.

EVERY COMPLAINANT IS THE EQUIVALENT OF A HIT AND RUN DRIVER.

•  The complainant is protected by confidentiality- you will probably never know who filed it.
• It is the BRN’s duty to the State of California to investigate every complaint.
• Because the complaint can be made anonymously, they are often the result of emotional patients or patient’s families who want to blame someone.
• Complaints can also be made my co-workers to cover up their own mistakes. 

Every RN under investigation with the BRN feel like they’ve been hit by a MAC truck and their life is totaled. As the Executive Director of RN Guardian, I take all of those phone calls personally. My favorite part of my day is telling my nurses not to worry, I’ll handle it from here, and then I actually do. 

I wonder how much I would have to pay for car insurance like that?

July Enewsletter – The Traveler Issue

NEWS

Thousands Of Calif Nurses Punished In Other States

 

State officials say thousands of California’s registered nurses have been punished for misconduct in other states and some even lost nursing licenses.     

                              
The State Board of Registered Nursing has discovered that some 3,500 of its nurses have been sanctioned in other states. Up to 2,000 of them now face discipline in California.The board examination was prompted by a Times-ProPublica investigation last year that examined a national database and found many California nurses got into trouble elsewhere for sexual abuse, neglect, rampant drug use and criminality.

 Department of Consumer Affairs deputy director Paul Riches says the huge number of new disciplinary cases will be challenging for his department, which oversees the agencies that license nurses.

_____________________________________

Everyone Blames the Travel Nurse

 

At present, RNG has about 4 clients that are travel nurses and there is a consensus among them that “everyone blames the traveler”, which makes perfect sense to us. Travel nurses are by nature impermanent fixtures, and therefore much easier to throw under the bus.

Investigations into a RN license are a result of a few things:

• An anonymous complaint that can be made by anyone: a co-worker, a disgruntled patient or patients family member, a facility administrator, anyone.
• Any disciple by a government agency or conviction whether a misdemeanor, felony, or infraction over $300.00, or anything involving a controlled substance or alcohol. This includes any charge whether it has been dismissed, reduced or expunged.

Given the arbitrary nature of instigating a complaint, it would make sense that if something goes wrong, the travel nurse is an easy scapegoat. RNG is sensitive to this and will zealously advocate for the traveler, just as we do for all of our members.

If you work with any traveling nurses, let them know about the protection that RNG has to offer, they will thank you!

Click here for the rest of the July Enewsletter

An Email String: The Nurse “It” happened to…

—–Original Message—–

From: “Simone”

Sent: Sunday, May 17, 2010 3:29 PM

To: info@rnguardian.com

Subject: Help for my husband- CONFIDENTIAL

 Hi,

I am a wife, desperate in helping my husband.  My husband is a RN and he hold 5 other States Licenses. Unfortunately, I just found about your services last week.  My husband didn’t know about this services and he doesn’t know I am writing to your Company to ask for help.  Fortunately, I found RN Guardian and I hope you can help us. My husband is being accused unfairly, without evidences, in  in a criminal and an administrative case. We could not believe that the DA took the case “beyond reasonable doubt”.  The DA took the case because the CA Boarding of Nursing “investigator” knew him.   With a lot of real criminals up there, the State of California is wasting time in punish dedicated RN’s.  The CA Boarding of Nursing is not waiting for the criminal case be resolved and filled a disciplinary action against his license at the same time.  We spent thousands of thousands of dollars with the criminal case, which has been just about “reasonable doubt” and is not over yet.  The money gone and probably the next step is getting a “public defender” (what is not good).  It has been very difficult, stressed and sad situation for us.  Especially for a health care professional so dedicated like him.  I am sure you heard this before. Anyway, I am just writing to verify if we can join the guardian and if you could be able to help him.  He is scheduled a hearing at CA Boarding of Nursing for July.  He want to go and defend himself because we cannot afford a lawyer.  It is unbelievable how California is acting against the nurses.  Please, could you advice me in what to do?  It is his life in the game.  I was laid off from

my work and he is supporting the family.  This is a case for the News and TV.  I am dedicating myself in helping him who is a very important person in my life.  He lost all hopes already but I didn’t.  I will not give up and I want to fight until the end.

 Please, Help me or give me some advices in how to proceed from now! I appreciate your attention and consideration,

Sincerely,

Simone

Em ter, 19/5/10, Jennifer Coalson <jennifer@goyette-assoc.com>escreveu:

 De: Jennifer Coalson <jennifer@goyette-assoc.com>

Assunto: RE: Help for my husband- CONFIDENTIAL

Para: “Simone”

Data: Terça-feira, 19 de Maio de 2010, 16:26

 Simone,

We would be happy to help you and our RN Guardian attorneys will be able to represent your husband. We will not be able to extend you the benefits of RN Guardian membership for an incident that pre-dates your joining of course, but as an RN Guardian member, you would have access to our RN Guardian Attorneys at reduced hourly rate of 175.00 per hour. We would require an upfront retainer of between $3000.00 and $5000.00 dollars, which would be determined by the attorney based upon the complexity of your husband’s case. If you are interested in having the expert attorneys of RNG represent you, please join RN Guardian via the website and sign up for a year of membership. Following your membership, I will send you a plan contract and have the RNG attorney call you to discuss your case. At that time a retainer will be established, the Firm would send you a legal retainer agreement and once we have received the signed document as well as the retainer we could begin representing you with the BRN. I should offer this comfort: RN Guardian attorneys have a 100% success rate when it comes to license retention; none of our members have ever had to surrender their license nor have they had their license revoked. Please feel free to call me directly at the Firm, should you wish to discuss this in further detail at (916)851-1900.

Jennifer Coalson-Perez

 —–Original Message—–

 From: Simone

 Sent: Tuesday, May 19, 2010 2:30 P

 To: Jennifer Coalson

 Subject: RE: Help for my husband- CONFIDENTIAL

 Hi Jennifer,

 Thank you so much for your reply.  I do understand the attorney will cost money.  My husband is dealing with the criminal case (which was forward through the CA Boarding Investigator) and I was laid off of my job.  Just my husband income is not enough.   I do understand you want upfront money.  Unfortunately, we do not have this money in front.  He will have to go and represent  himself.  I wish I could found you guys earlier.  We have been very depressed with the situation.  We are selling everything we have to pay for the criminal lawyer.  We could not believe the DA took the case and filled criminally.  It is unfair and sad that the CA State is punishing so hard the Nurses. We moved from CA and my husband is making 40% less money than in CA.

I want to thank you so much for your words.  At the same time I was sad because I know without money we cannot afford a good defense for him.  He may lose his license and everything else.  I wish I could find some lawyer who could provide some community services.  My husband is a father and an excellent professional.   Please, if you have any other suggestion I will appreciate your advice. I wish you the best!

Sim0ne

— Em ter, 19/5/10, Jennifer Coalson <jennifer@goyette-assoc.com> escreveu:

De: Jennifer Coalson <jennifer@goyette-assoc.com>

Assunto: RE: Help for my husband- CONFIDENTIAL

Para: “Simone”

Data: Terça-feira, 19 de Maio de 2010, 19:20

 Oh Simone,

I am so sorry for your position and I wish that there was more that we could do. I do not know of any other organization like RN Guardian, nor do I know of other attorneys that specialize in license defense and who would be willing to take your case pro-bono or contingency.

I can tell you that more than likely, if your husband is not convicted there will not be an issue with his losing his license. Even if he is convicted, there is still a chance that his license would be safe. Your best option at this time would be to speak to the attorney who is handling the criminal side of your case. Often times, there can be an agreement “built in” to the criminal case that addresses other issues such as this instance with your husband and his RN license.

  I wish you the best of luck,

  Jennifer Coalson-Perez

RN Guardian

Hi Jennifer,

 Thank you so much.  The criminal lawyer says to us that is not common see cases against RN in the court.  Especially in my husband’s case that is circumstantial and they do not have evidence of the accusation.  The lawyer says he doesn’t know why the DA took the case because CA courts are overloaded with real and dangerous criminals.  All was built up through the CA RN Board investigator.

 I guess we just have to pray.  I am so sad but nothing we can do.  It is all about money. If you don’t have it you are pretty much punished in US.

I am absolutely sure your organization is the best to help nurses but I found it too late.  Thank you anyway.  I will promote your site through nurses who I know.

Best Regards,

 Simone

It won’t happen to me…

Right… Isn’t that what everyone says? Isn’t that what your patient’s say -or at least – that is what you know they are thinking.

Someone comes in for a checkup and they’re 67 lbs. overweight and they don’t exercise and they smoke. You tell them that they need to make some immediate lifestyle changes or there will be consequences to their health and you get that tell-tale nod and you know they are thinking it: It won’t happen to me.  Four months later they’re in the ER with a blood clot.

A 23 year old man is admitted after a horrible motorcycle accident with a broken femur and a ruptured spleen and you find out he was street racing with his friends. I’m pretty sure at some point he told someone: It won’t happen to me.

Every person who’s ever sat in your waiting room-with their fingers pressed against their temples, after hearing an upsetting diagnosis has thought it: I thought it wouldn’t happen to me.

Yet IT does happen- doesn’t it?  In your profession, you certainly hear it every day.  We hear it all of the time, from every Nurse we represent. Nurses don’t maliciously operate outside their scope of practice. They don’t mis-chart on purpose. They certainly don’t mistreat a patient with intent, but these things do happen, or they can be perceived to have taken place and THAT is all it takes- A complaint is filed with the BRN and it is the BRN’s RESPONSIBILITY TO INVESTIGATE THAT COMPLAINT.

Of COURSE you don’t think it will happen to you! You’re an experienced nurse. You know what you’re doing. You’re well liked and none of your co-workers would ever say anything bad about you. You’ve never had a complaint made by a patient or patient’s family member. BUT WHAT IF IT DID HAPPEN? Would you be prepared?

The following post is an email string from a very distraught wife of a nurse, who found RN Guardian too late. I’m sure you’re thinking it right now…it won’t happen to me.

License Investigation Tactics Used by the BRN

I don’t remember looking for anything exactly, but was surfing the web and came across a slide show regarding RN license protection. One of the main points it made was that the state regulatory boards for Nursing often prefer nurses to not have professional legal representation when dealing with them. The slide show went on to say that when a nurse has been reported to their states Nursing Regulatory Board, it is usually because some sort of error or perceived error was made by the nurse under investigation and that nurses, by their nature, are honest and will admit they committed an error and feel that since they are being honest they do not need to have any legal representation. According to the author, that is the first mistake they make, because they then are at the mercy of the regulatory board and have to abide by whatever conditions or punishments are meted out in order to retain their license and livelihood. Nurses are nurses, not lawyers and not trained or experienced in the laws pertaining to them to the degree an attorney is and just as attorneys do not provide bedside nursing care, a nurse is handicapping themselves if they have the ability to have legal representation when appearing before the Regulatory Board and do not do so.

Shortly after reading this I came across another website for RN Guardian and spent some time there reading it.

It was addressing the exact point that the slide show had made. That for license protection legal professionals should be used. I found the idea of it and low cost of it a “No Brainer”, and signed up immediately.

If you have malpractice insurance, there is sometimes a license defense part of it, but it is usually only reimbursable with a financial limit that could run out very quickly. To me the idea of having legal representation for a low cost is one less thing to have in the back of my mind when at work.

In late 2008, I was contacted by an investigator , on behalf of the Board of Registered Nursing, who informed me that I was being investigated for an incident that had occurred at work almost a year prior and wanted me to sign a release of my personnel file for my employer so she could review it. When I asked what the incident was, I was told that she could not tell me any other information but want to set up a meeting to interview me regarding it. I responded by asking her to send me something in writing regarding this and that until I talked to my legal representation I would not be able to meet with her. She then set a time to call me back after I had spoken with RN Guardian. Thank goodness I did, because I was feeling like one of the nurses mentioned in the slideshow I had found on the web. I was an honest person and had nothing to hide, so what could be the harm in meeting with her and responding to any questions she had.

Nursing is my profession and livelihood, and I knew that anything that could jeopardize that could be a major problem since so much of my life, mortgage, car payment, bills, gas, etc. depended on that income. I immediately called RN Guardian and spoke with one of the staff attorneys who advised me to decline the invitation to meet with the investigator and to not sign the release of my personnel file. He went on to mention that often, the decision of what the Board is going to do is going to happen anyway and that Nurses are often in a better position to appeal any decision rather than to meet with an experienced investigator who might get the nurse to offer to much information and use it against them later. He then told me to let the investigator know that if she had any further questions they could be directed to RN Guardian. What a stress relief!

When I spoke late with the investigator and told her of my decision to decline the interview, she told me that it was simply an interview to get my side of the story, I declined anyway.

It is now 2010. To date, I have not heard whether or not the investigation is still pending or if the matter was resolved. I was never formally informed by the Board of Registered Nursing and have been working in the Nursing field ever since the “incident”, whatever it was, and continue to work as a Registered Nurse. I will admit it is stressful to not know what is happening, but it would have been much, much more stressful to have gone through this alone, without the legal representation that RN Guardian has provided for me and continues to provide for me.

Greg, R.N.

FROM CBS News:Thousands Of Calif Nurses Punished In Other States

Thousands Of Calif Nurses Punished In Other States

State officials say thousands of California’s registered nurses have been punished for misconduct in other states and some even lost nursing licenses.
The state Board of Registered Nursing has discovered that some 3,500 of its nurses have been sanctioned in other states. Up to 2,000 of them now face discipline in California.The board examination was prompted by a Times-ProPublica investigation last year that examined a national database and found many California nurses got into trouble elsewhere for sexual abuse, neglect, rampant drug use and criminality.

Department of Consumer Affairs deputy director Paul Riches says the huge number of new disciplinary cases will be challenging for his department, which oversees the agencies that license nurses.

THE CLASSROOM: RN Licensing 101

Is There Anything in Your Past that Could Jeopardize Your Future as an RN?   Recently, RNG has been receiving inquiries from nursing students regarding their ability to actually GET their RN licenses. Some of these students have issues stemming from their pasts that could potentially impact their futures and are only now discovering that after years of school, they might not be granted a RN license after all.    Past issues that will prevent you from getting your license include : DUI’s, Misdemeanor Convictions, Sealed Juvenile Records, and many others.   How devastating to realize that all of those hours of studying and all of the commitment could be for nothing! One of our RNG members sent me this email this morning and I thought I would share it with you. Because of our help and advice, Lil was able to navigate the BRN and she will be able to get the RN license she has worked so hard for.   Hi Jennifer, Hope you are doing great!   So…I did apply for a temporary RN permit just to see how it would turn out; and the board approved it and sent me one without any restrictions (IP 364335). So now am crossing my fingers that it means an all clear sign after my NCLEX exam. Thanks for all the help. Will keep you updated.   Now back to my studying…I swear I see images from the text books and hear the Kaplan video lecture tapes in my sleep…totally crazy if you ask me -no wonder we get so stressed at the thought of losing a license after all these!!! can’t wait for the exam to be over lol  Lil     If you have a question regarding your past and how it could prevent you getting your license, email me and I’ll get right back to you.

DEALS We get the starving student thing: How About a Month of Free Coverage — for You and a Friend  We want students to be confident that the RN license they are working so hard for is within their reach and we want to help you protect your new career when you do get your license- so pleaseforward this email to your RN friends and other students. And, if one of your friends signs up for our enewsletter as a result of your forward, we’ll send you both a voucher for a free month of RN Guardian coverage!   Forwarding the enewsletter is easy, just click on the little envelope in the top right corner of this email.   Join RNG today… students get a HUGE 50% discount making RNG only $5.95 a month plus you’ll get a discount when you become an RN too!

RN Guardian Can Still Help, Even if You Have an Issue

CW,

 Thank you for your email submission regarding RN Guardian and whether we would still be able to help you even though you already have an accusation against your license. The short answer is yes, we can.

 RNG is set up as a preventative service for career and license issues but we have the best attorneys in the state on our panel and can’t turn down people who needed our help. So yes, you can still become a member even though you have a “pre-existing condition” and you still are entitled to all the benefits RNG provides, just not for this current pending issue. The best way I can explain it is to compare RNG’s protection  to a car accident without car insurance.

 Imagine you were involved in a car accident with an ice cream truck and didn’t have insurance at the time, but went out and promptly obtained a car insurance policy. Now your new insurance would not pay to fix the car that you damaged prior to obtaining the policy, so you just live with the missing front bumper and giant dent in the door. A year later you back into a fire hydrant and report the claim. The car insurance company will pay for the damage done by the new accident with the fire hydrant but not the additional damage that was caused by the old accident with the ice cream truck. The same deal with RNG: we can’t cover you for something that happened in the past, but as long as you’re a member, your covered for everything in the future.

 In addition to that, you get a huge perk when it comes to representation for THIS issue: What our provider Firm has agreed to do for Nurses in a predicament like yours, is work at a rate of almost $100.00 less per hour than they usually charge private retainer clients, so if you spend 2 hours with them you’ve essentially earned back your Annual RNG membership. Your first consultation with our attorneys is always free.

I would love to tell you about it in more detail. Give me a call, let’s set up a time when you can speak with one of our attorneys and ensure that you get to keep your license, your career and your livelihood. We have a 98% success rate, Chris… those are pretty good odds when it comes to keeping your license! I know that this is a terrifying experience and you don’t know exactly what you should do or how to best protect yourself, but we do. Call me now and I’ll tell you how.

Jennifer

Can I Get RNG, Even if I Have a Pending Accusation?

problem: I have allegations against my cali nursing license. I just found RN guardian on line, so I am not a member. Do you still represent a nurse even though am not a member. If so, I do need to know cost up front and how much is needed up front and can payments be made, as I will have to borrow from friends and family.

Thanks,

CW

How the “NEWS” Affects You

 How Do Staffing Ratios Affect The Individual RN?

Are you one of the 13,000 UC nurses or are you were working in a facility where decreased funding and budget deficits are being passed along to you in the form of more responsibility, more work and more patients to care for? At what point does the burden reach the tipping point for the individual nurse and what is the inevitable result of more stress and an ever increasing work load:

The Individual Nurse Making A Mistake.

Will it be your fault if a mistake is made? No, probably not; it will be the result of an oversight caused by too much work but will that make a difference to the administration of your facility? Will it make a difference to the patient? No, definitely not. That is why it is so imperative for RN’s to begin caring for themselves and their own careers like they care for their patients.  Seek help. Let experts walk you through how to handle a mistake or allegation or complaint; let a lawyer defend you.  Put your career in the hands of RN Guardian, so you can have the peace of mind that your job is safe, that your license is solid and your livelihood is secure.  Give us a call if you need any advice, we are here to help!