The Supreme Court of the United States has taken no action on Virginia Attorney General's request to expedite the resolution of the pending Healthcare Reform Legislation litigation, in attempt to skip appellate judicial review despite President Obama's objection. "High court takes no action on Va. health care case" (Associated Press, 4/19/11)

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. As of August 10, 2009, the Board is no longer issuing interim or temporary licenses prior to the completion of the fingerprinting process. This process can be lengthy and should be prepared in advanced to ensure timely licensing and/or certification. If you need help with the licensing process, contact our attorneys for a consultation.

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

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.

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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.

CMS published an announcement 7.20.09 describing regulatory changes that will impact standards for Medicare reimbursement starting 2010. The press release articulated the definition of “direct supervision” of an physician who is supervising nurse practitioners, clinical nurse specialists and/or certified nurse midwives as,”For services provided in the hospital, direct supervision means that the physician must be present in the hospital or on campus and immediately available to furnish assistance and direction throughout the performance of the procedure. For services furnished in an off-campus outpatient department, direct supervision means the physician must be present in the off-campus department and available to furnish assistance and direction throughout the performance of the procedure. In or out of the hospital, the physician need not be present in the room when the procedure is performed.” FEDERAL REGISTER July 20, 2009 Pgs. 35424 – 35425

Murphy Jones LLP healthcare attorneys stay informed of medical industry developments, such as this, which may affect a practitioner’s ability to successfully protect her license in disciplinary hearings before State Boards. Our administrative law practice incorporates information from all arena’s affecting the healthcare industry and our clients’ rights.

Teamsters have filed an additional charge of Unfair Labor Practices with the National Labor Relations Board for alleged retaliatory conduct against employee Dale Slover, RN. Nurse Slover testified in May 2009 against the hospital and has filed a subsequent quality review report. See: http://www.lasvegassun.com/news/2009/jul/04/teamsters-boulder-city-hospital-retaliated-/

Murphy Jones LLP has created a Twitter account generating tweets providing up to the minute news and developments relating to professional practice of medicine, the nursing profession, State Boards of Nursing, medical malpractice litigation impacting professionals’ rights and responsibilities, and other interesting legal developments in the healthcare industry. With our administrative law healthcare attorneys staying informed of trends, changes in the law and case precedent, we post information relevant to medical practitioners and the legal industry.

Visit us at http://twitter.com/NurseAttorneys , and start following today to keep informed about recent developments.