National Nurses United will be comprised of the merging of the 3 existing unions: Cal. Nurses Assoc., Massachusetts Nurses Assoc. and United American Nurses. The 3 unions, already powerhouses among legislative organization for nursing professionals, plan to combine forces and unite under the new National Nurses United (NNU) title. Each member union will hold a national convention to ratify the merger, and the NNU will hold its founding convention in December 2009.

Modern Health Care

Texas nurse downloaded entire computer hard drive (over 3,000 pages of patient files) after being fired because she told supervisors she was going to file written report about patient care violations.  The Texas court of Appeals upheld her conduct under whistleblower laws, over objections based on medical confidentiality. Whistleblower laws not only permit but require nurses to report abuse, neglect and other illegal and wrongful acts.

Westlake Surgical vs. Turner, 2009 WL 2410276 (Tex. App., August 7, 2009).

Murphy Jones Law healthcare attorneys are interested in the development of Texas’ case-law relating to nurses’ duties to patients and their protection from liability for acts relating to protection of patient interests. Recently in Nevada nurses have continued to be disciplined for conduct similar to that in issue in the Westlake Surgical v. Turner. The judicial development may provide a basis for Nevada and California nurses, and other healthcare professionals, to protect their licenses in jeopardy of professional discipline for actions relating to “unauthorized removal of medical records.” We follow case law, and state legislation, closely to ensure efficient protection of our clients right to practice medicine.

California Board of Nursing replacements were elected August 12, 2009, and discussed raising licensing fees in 2010 and addressing the backlog of disciplinary actions. New Board members meet with the committees today in Sacramento.

Nursing Licensure fees have not been altered for the past 18 years, and will be increased by almost 50%. The increase in fees is necessary to fund the 63 positions created to handle complaints and investigate disciplinary actions. Renewal rates will increase to $150 (+ an additional $10 for the RN Educational Fund), interim & temporary license fees will rise to $50, and initial fees for NPs, nurse midwives, CNAs and clinical nurse specialists will also cost $150. The Board moved to support the increase of fees and will set a public hearing date shortly. The soonest the Board could vote on the increased fee schedule is November 2009.

Gov. Schwarzenegger appointed Brian Stiger as the new director of the Dept. of Consumer Affairs. Stiger has ordered an internal review of the Cal. Board of Nursing disciplinary process, and reform is a top priority. Stiger’s goal is to streamline the process so that complaints are investigated, prosecuted and resolved within a 12 – 18 month timeframe.

http://nursing.advanceweb.com/Editorial/Content/Editorial.aspx?CC=205077

When Gov. Schwarzenegger promised “sweeping changes” he failed to appreciate the amount of time it will require to overhaul the Cal. State Board of Nursing disciplinary process. Delays and inefficiencies in the disciplinary process, that healthcare attorneys at Murphy Jones LLP have been dealing with increasingly, are now becoming more apparent to the state legislature and analysts waiting for reform.

Julie Fellmeth, Admin. Director of the Center for Public Interest law, said, “For some reason, [the State Board of Nursing staff] seem to feel their system is just fine, that it just needs a little tweaking around the edges here and there…There needs to be a significant blowing up of the system.”

As administrative law attorneys who routinely interact with State Boards in both California and Nevada, Murphy Jones LLP lawyers are eager to see reform of the California State Board of Nursing disciplinary process. With some disciplinary actions taking in excess of thirty-six (36) months to resolve, we hope to see the discipline process adhere to the anticipated eighteen (18) month resolution time-frame goal.

To read the L.A. Times article visit: http://www.latimes.com/news/local/la-me-nursing-reform18-2009aug18,0,4778533.story

Calif. to start dropping children from state plan – Modern Healthcare

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South Dakota class action similar to Las Vegas endoscopy clinic suit. http://bit.ly/xNbS8. The recent Las Vegas endoscopy clinic practice of re-using syringe vials which led to a Hepatitis outbreak among patients has a sister personal injury medical malpractice legal action stemming from similar practices in a South Dakota facility.

The recency of the lawsuits make for interesting ongoing comparisons in the cases’ developments.  The healthcare attorneys at Murphy Jones LLP will keep you informed as to the respective outcome in each matter, the similarities and differences in each states’ action, and the impact on local Nevada legislation and medical practices.

Aspiring nurses must complete fingerprinting with LiveScan, and the board must receive the results from the Dept. of Justice and the Federal Bureau of Investigation which can take 3 – 6 weeks.

http://www.rn.ca.gov/

CMS reports that Scripps Memorial La Jolla and Scripps Mercy Hospital in San Diego, CA, boast the highest survival rates for pneumonia and heart failure patients. The data reflects info. gathered from patient discharges between July 2005 – June 2008.

ADVANCE article: http://nursing.advanceweb.com/Editorial/Content/Editorial.aspx?CC=203928

Full CMS Report: www.hospitalcompare.hhs.gov.