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How to Avoid Common Pitfalls and Protect Your Nursing License

• Janet E. Michael, RN, MS, JD; Law Office of Janet E. Michael; Portland, Maine

• Edith Brous, RN, BSN, MS, MPH, JD; Law Office of Edith Brous, PC; New York, New York

Presentation Objectives

1. Identify other regulatory concerns when a professional license is disciplined.
2. Analyze the risks, benefits, alternatives and costs of accepting a settlement vs. attending a hearing.
3. Compare nursing and physician risks of malpractice vs. licensure discipline.

• Donna McCarten White, RN, PhD, CS, CADAC-11; Lemuel Shattuck Hospital; Massachusetts

A PRESENTATION PPT/HANDOUT IS NOT AVAILABLE FOR THIS SESSION

Presentation Objectives:

1. Identify three symptoms of Secondary Traumatic Stress Disorder.
2. Describe how Secondary Traumatic Stress Disorder, and the sequelae Compassion Fatigue, is a risk to Health Care Professionals.
3. Discuss the potential legal ramifications of Compassion Fatigue within healthcare.
4. Explain why nurse attorneys need to be familiar with Compassion Fatigue when representing healthcare professionals whose actions in part may have been caused by Compassion Fatigue.

• Alice Dupler, MN, JD, APN-BC, Esq.
  Gonzaga University School of Nursing; Washington

A PRESENTATION PPT/HANDOUT IS NOT AVAILABLE FOR THIS SESSION

Presentation Objectives:

1. Discuss and define the cloud.
2. Identify risks associated with use of the cloud when storing records.
3. Apply strategies to investigate client complaints regarding care.
4. Integrate use of the cloud in compliance with statutory and regulatory requirements.

• Incapacitated Surrogates
  Karen Smith, PhD; Henry Ford Hospital; Michigan
  Patrice Fedel, GCNS-BC, ACHPN; Wheaton Franciscan Healthcare; Wisconsin
   
• Getting Back on Track and Staying There: Resources for Professional Ethical Lapses in Nursing
  Catherine Caldicott, MD, FACP; Program Director, The PROBE Program; Colorado
   
• Nurse-Attorney Led Faculty Policy Teams: An Opportunity for Interdisciplinary Collaboration
  Kim Cleveland, JD, MSN, RN, C-MBC; Kent State University; Ohio
  Yvonne Smith, PhD, APRN-CNS; Kent State University; Ohio
   
• Regulation and Credentialing of Complimentary Care Practitioners
  Kim Cleveland, JD, MSN, RN, C-MBC; Kent State University; Ohio
  Alyssa Gibson; Kent State University; Ohio
  
  
• Education and Empowerment: The Nursing Ethics Council
  Jane Barr, DNP; Long Island Jewish Medical Center, Northwell Health; New York
  Michael Dauber; Long Island Jewish Medical Center, Northwell Health; New York
   
• The Amazing Nurse Attorney Career
  Katherine Anselmi, JD, PhD, WHNP-BC; Drexel University; Pennsylvania
  Karen J. Halpern, RN, BSN, MSN, JD; Law Offices of Karen J. Halpern; New York
  Susan Matt, PhD, JD, MN, RN, CNE; Seattle University; Washington
  Mat Keller, RN, JD, Regulatory and Policy Nursing Specialist; Minnesota Nurses Association
  Ronnie McKinnon, RN, JD, CPHRM, CPSO, CPPS; Litigator, Risk Manager, Educator-Loyola University, Chicago and Stony Brook, New York
  Carolyn Dolan, JD, MSN, FNP-BC, PCPNP; University of South Alabama

Richard Donohue, Sergeant, Boston Police Department

Richard Donohue is the keynote speaker for TAANA's 35th Annual Meeting & Educational Conference in Boston! Richard, a retired transit police sergeant, was wounded in the line of duty during the Watertown shootout following the Boston Marathon bombings. After being shot, he was rushed to a nearby hospital where he was feared dead from significant blood loss. Managing to fend off death and then face the incredible challenges of recovery, Richard’s story has inspired businesses and organizations nationally. TAANA attendees will have the opportunity to hear the moving account of Richard’s near-death challenge and recovery.

A PRESENTATION PPT/HANDOUT IS NOT AVAILABLE FOR THIS SESSION

Presentation Objectives:

1. Identify the characteristics of a leader.
2. Describe the emotional and physical responses to an overwhelming mass-casualty event.
3. Apply individual near-death events to healthy organizational growth.
   

• Renée Landers, JD; Suffolk University Law School; Massachusetts

Presentation Objectives:

1. Identify health care disparities based on race, ethnicity, gender, religion, socio-economic status, and geography.
2. Identify disparities in access to insurance, availability of care, cost of care, as well as quality of care.
3. Understand role of health care practitioners, particularly physicians, in exacerbating or ameliorating disparities.
4. Understand opportunities for non-physician health care practitioners--especially nursing practitioners and dental assistants and hygienists--to address disparities.
5. Understand barriers to larger role in patient care for non-physician health care practitioners, including state law practice restrictions, professional resistance, and reimbursement limitations established by public and private payers.
6. Understand recent developments to encourage role for non-physician practitioners to increase access to health care and address disparities, through the Affordable Care Act and other initiatives.
   

• Sara Frey, JD, BSN, RN; Washington State Nurses Association; Washington
  
• Danielle Franco-Malone, JD; Schwerin Campbell Barnard Iglitzin & Lavitt LLP; Washington
• Presentation Handout

Presentation Objectives:

1. Review ethical issues regarding safe staffing that favor nursing in contract negotiations with hospitals.
2. Identify the importance of a contract campaign including organizing, media use, and other available tools to further negotiations as tools to achieve patient safety.
3. Identify complicating factors to hospital negotiations such as ongoing lawsuits and mandatory versus permissive subjects of bargaining.
4. Consider legal and ethical reasons in favor of and against nursing strikes.
5. Differentiate between different types of ULP and their use in gaining leverage in contract negotiations.
6. Identify strategies to prevent impasse in contract negotiations.

• Flynn Carey, JD; Mitchell Stein Carey, PC; Arizona
• Presentation Handout

Presentation Objectives:

1. Prepare a self-report of a criminal charge.
2. Identify the trade-offs when there are pending criminal and Board actions simultaneously.
3. Identify the possible areas for mitigating and explaining criminal charges.
4. Identify how to mitigate criminal charges before a Board.
5. Discuss, orally and in writing, the status of a parallel criminal case.
6. Understand how the practitioner can use the client's licensing status to mitigate a criminal penalty.
7. Understand how the practitioner can use the client's criminal penalty to mitigate licensing penalty.
8. Recognize and address self-incrimination issues and how self-incrimination is treated in administrative law.
9. Recognize possible, uncharged criminal acts, and how to protect a client from those charges while still cooperating with/litigating against the client's Board.
10. Special issues in cases involving DUI, sexual misconduct, and drug diversion.

• Loretta D'Antonio, MBA; Nurses Service Organization; Pennsylvania

Presentation Objectives:

1. Identify the most common allegations made to regulatory boards against healthcare practitioners.
2. Discuss contributing factors to final outcomes.
3. Identify risk control recommendations based on case review.

• Kathleen A. Hessler, RN, JD, CHC, CHPC; Simione Healthcare Consultants; New Mexico
• Rose Matricciani, AA, BA, JD, RN; Whiteford, Taylor & Preston LLP; Maryland

Presentation Handouts:

1. Hessler Powerpoint;  Matricciana Powerpoint
2. HCCA-OIG-Resource-Guide
3. Feb 2017 DOJ Compliance Guidance
4. Corporate Compliance

Presentation Objectives:

1. Review how compliance programs assist providers in maintaining ethical conduct and legal compliance.
2. Examine the U.S. Federal Sentencing Guidelines used by enforcement agencies and courts in determining sanctions for violations of federal criminal laws including reduction factors.
3. Discuss the role of a compliance program in mitigating sentencing.
4. Determine how an effective ethics and compliance program may help reduce civil/criminal liabilities and regulatory sanctions for healthcare providers.
5. Identify the difference between a provider compliance risk assessment and an effectiveness review.
6. Identify the HCCA-OIG guide specific to the evaluation of compliance effectiveness and gain an understanding of recent DOJ guidance.
7. State current trends in compliance enforcement.
8. Examine the roles of compliance professionals, consultants, and counsel in light of a case study.

• Lorie Brown, RN, MN, JD; Brown Law Office PC; Indiana
• Rebecca Love; Northeastern University; Massachusetts
• Brown Powerpoint
• Love Powerpoint

Presentation Objectives:

1. Describe principles of marketing that can be applied to legal practice to match the nurse attorney’s unique skills with the best area of the market.
2. Identify successful strategies for monitoring and analyzing services.
3. Compare and contrast the roles of innovators and entrepreneurs and discuss examples.
4. Discuss the changing environment of nursing education and how it is fostering creativity for future nurse innovators and entrepreneurs.

• Patricia Folcarelli, RN, MA, PhD; Beth Israel Deaconess Medical Center; Massachusetts

Presentation Objectives:

1. Define a Communication and Resolution Programs (CRPs ) and identify its purposes in enhancing ethical patient care.
2. Compare and contrast CRPs in patient care from traditional risk management.
3. Discuss how open communication including an apology after an adverse event is discovered along with comprehensive analysis of what happened and subsequent safety improvements, emotional support for patients and providers often leads to an optimal resolution.
4. Describe the implementation and first 3 years of experience with a CRP including the organization structure to support the work, case review processes and patient/family communication processes.
5. Review select barriers to implementation as well as strategies to overcome implementation by case examples applying the use of an effective CRP. (e.g. CARE program).
6. Identify the reasons for implementing a Communication and Resolution Program (CRP), how CRPs support optimal patient care, and how they differ from traditional risk management.
7. Define the core components of a CRP and why each component is critical to a CRP’s effectiveness.
8. Describe the common barriers healthcare organizations experience when implementing a CRP and strategies for overcoming them.
9. Describe the 3 year experience following an implementation of the CARE program.

• Moderator: Teressa Sanzio, RN, MPA, JD; Law Office of Teressa M. Sanzio, PC; Arizona
  
• Litigation Perspective: Lisa Lilly, BSN, RN, JD; Francis & Lilly, PLLC; West Virginia
  
• Health Law and Compliance Perspective: Kathleen A. Hessler, RN, JD, CHC, CHPC; Simione Healthcare Consultants; New Mexico
  
• Education Perspective: JoAnn Klaassen, RN, MN, JD; University of Missouri-Kansas City, School of Nursing & Health Studies; Kansas

Presentation Objectives:

1. Identify key statutes, regulations and recent case law causing chaos for healthcare providers.
2. Discuss and share practice tips for keeping up with healthcare regulations and compliance mandates.
3. Identify 2 practical strategies to develop a litigation practice.
4. Identify low cost marketing opportunities to attract and maintain a litigation client base.
5. Discuss means by which TAANA members’ needs for disseminating legal education can be met.
6. Identify at least one way in which state chapters expand legal knowledge through partnerships with local agencies/associations.
   

• Kim Cleveland, JD, MSN, RN, C-MBC; Kent State University; Ohio
• Yvonne Smith, PhD, APRN-CNS; Kent State University; Ohio
• Presentation Handout

Presentation Objectives:

1. Identify key functions and legal duties of nurse board members that strengthen role performance and decrease liability by executing the fiduciary, loyalty and care performance expectations.
2. Describe how nursing presence on boards is impacted by execution of their legal duties.
3. Identify appropriate orientation considerations for nurses serving on boards.
4. Consider ethical issues that may pose legal risks to nurses as board members such as conflict of interest and self-dealing.
5. Consider professional and personal limitations that may impede executing the duty of obedience.

• Randi Kopf, RN, MN, JD; Kopf Health Law, LLC; Maryland

Presentation Handouts:

1. PPT Presentation
2. FTC HIPAA sharing comsumer inform
3. NIST SUMMARY
4. HHS Ransomware Fact Sheet
5. Resources

Presentation Objectives:

1. Be aware of the applicable laws, regulations and professional codes.
2. Recognize the potential for conflict as it applies to their clients.
3. Identify the specific legal ramifications of conflicts and outcomes.
4. Detect client liability.
5. Offer their clients options and strategies to minimize liability, comply with the laws, regulations and codes.