Legal Representation

Alabama Nurse, Dec 2003-Feb 2004 by Eddins, Don

The Alabama State Nurses Association has expanded its legal representation program to provide legal services for any ASNA member brought before the Alabama Board of Nursing on a matter affecting the nurse's license.

Previously, ASNA has provided members one hour's free legal consultation but under the new program a nurse who receives a letter of investigation from the Board of Nursing will be provided a lawyer through the administrative hearing.

"This is an exciting new benefit we're offering to ASNA members throughout the state," said ASNA President Juanzetta Flowers, RN, DSN, of Birmingham. "What a sense of security for our nurses, knowing they have a lawyer on their side when they are asked to come before the Board."

ASNA attorney Don Eddins of Auburn said the Board routinely investigates complaints and even the most competent registered nurse is not immune from Board scrutiny.

"Many times the first thing a nurse says who comes to my office after receiving a letter from the Board of Nursing is that she never thought she would have to see a lawyer about anything affecting her job," said Eddins. "Unfortunately, any nurse is subject to be brought before the Board on a matter which could result in license probation, suspension or revocation. When they receive the letter from the Board, they most often know little or nothing about the process or to whom to turn for help."

Eddins said the program will offer a sense of peace and security for the state's registered nurses.

"ASNA never will adhere to a policy of protecting incompetence in the workplace, but the Association will stand behind its members and ensure that they receive every protection guaranteed them by the law. ASNA will ensure that the nurse's side is heard," the ASNA attorney added. "Often, a thorough investigation clears the nurse. Often, when a nurse is guilty of an infraction, we can work with the Board to resolve the issue in a manner the nurse can live with. Any one can make a mistake. The resolution of the matter after a mistake is the issue and representation is the key to favorable resolution."

Under the ASNA legal services policy, the free representation will be available only to those nurses who are ASNA members when they receive the letter of investigation from the Board. Since such legal representation can cost thousands of dollars, so the benefit could pay for itself many times over.

"ASNA is the heart and soul of professional nursing in this state," said Flowers. "This added membership benefit demonstrates our commitment to Alabama's registered nurses who care enough about the profession to belong to their professional organization."

by Don Eddins, JD