Law Office of John Hutto
PO Box 113
Florence, AL 35631
United States
ph: 256-335-4425
fax: 888-897-4082
johnhutt
As a RN or LPN you have invested thousands of dollars as well as years in obtaining your nursing license and pursuing your career. You depend on your nursing license as a means of earning a living and to provide for your family. If you are under investigation by the Alabama Board of Nursing or have a disciplinary matter before the Alabama Board of Nursing, you should take the matter seriously.
Do not allow yourself to be told by the Board investigators that you do not need legal representation or that the matter is a simple fact-finding inquiry. It is important to realize that the Board's interest is protecting the public's safety and they are therefore advocating on behalf of the public's safety and welfare. It is not the mission of the Alabama Board of Nursing to protect your nursing license or advocate on your behalf. Often, nurses allow themselves to believe that the matter is only fact finding and as long as they cooperate with the investigation everything will be OK. Often such statements are made by investigators at the onset of investigations. It is important to seek legal representation at the earliest possible stage. The Alabama Board of Nursing has attorney's representing their interest. You should have legal representation advocating for your interest. Keep in mind if you choose not to obtain legal counsel, you are by default representing yourself. Any time you speak with a Board investigator, provide a written statement to the Board, submit documents to the Board, or go to the Board for a sit down meeting to discuss the matter, you are essentially representing yourself. As such you are outside your area of expertise and easily overmatched by Board investigators and attorneys with years of experience conducting investigations and prosecuting disciplinary actions on behalf of the Board.
You need to consult with an attorney experienced with representing nurses in such matters as close to the onset of the proceedings as possible. Mr. Hutto believes it is extremely important that you consult with an attorney if you are under investigation or have other disciplinary or licensure matters before the Board. Therefore, Mr. Hutto offers initial free consultation via email or phone. Simply fill out the free nursing license defense consult form and submit or call the Law Office of John Hutto at (256 335-4425) or email at johnhuttoattorney@yahoo.com to discuss your case with an experienced health care licensure defense attorney.
Nurses usually go into the field of nursing because they value the opportunity to serve patients and participate in their treatment and recovery. If your nursing license is under investigation by the Alabama Board of Nursing, you deserve the opportunity to defend your ability to work.
At the Law Office of John Hutto, we represent nurses throughout Alabama who are facing investigations and revocation proceedings with the Alabama State Board of Nursing. We offer the option of phone or email consultations to prospective clients throughout Alabama. Contact Alabama Nursing Licensure Defense Lawyer, John Hutto at (256) 335-4425, email at johnhuttoattorney@yahoo.com or fill out the Schedule a Phone Consultation form to reserve a time to speak directly with Mr. Hutto regarding your case.
Providing legal guidance to Alabama Nurses throughout the investigation, hearing and appeal process.
When allegations are made that against a nurse, those allegations are investigated by the Alabama Board of Nursing. It is important to remember that nurses who are being investigated have a right to be represented by an attorney.
The Alabama State Board of Nursing regulates:
If allegations have been made about the quality of your nursing or any other issue that could cause you to lose your nursing license, it is important to retain an Alabama Nursing Licensure Defense Lawyer right away.
Even the most informal investigations, such as questioning by telephone by an Alabama Board of Nursing Investigator can have serious consequences later on. You should not speak to any nursing board investigators or board members without an attorney present.
Contact John Hutto, Alabama Nursing Licensure Defense Lawyer.
If you've been given notice of an investigation into your nursing license, don't hesitate to John Hutto, Alabama Nursing Licensure Defense Attorney at (256) 335-4425 or email at johnhuttoattorney@yahoo.com for a free consultation.
You Should Call John Hutto, Alabama Nursing Defense Attorney if:
If any of these situations apply, you need to discuss your case with an attorney familiar with the investigative and disciplinary process of the Alabama Board of Nursing as soon as possible. Contact John Hutto, Alabama Nursing Licensure Defense Attorney at (256) 335-4425 to discuss your case or fill out the contact form and Mr. Hutto will be in touch with you soon.
Substance Abuse Investigation Defense
If you are a licensed nurse and an investigation has been initiated against you because you are suspected of drug or alcohol dependency, you should consider contacting a nursing license defense lawyer immediately. Some nursing professionals may be hesitant about consulting with a nursing licensure defense attorney lawyer, thinking that doing so makes them look guilty. This is not the case. In fact, having an experienced nursing licensure defense lawyer representing your case can be a great benefit throughout your investigation by helping to clarify the charges against you and the possible defenses that you may pursue.
Voluntary Disciplinary Alternative Program (VDAP)
The Alabama Board of Nursing has a program in place for nurses with substance abuse and chemical dependency problems. The VDAP program allows nurses to get professional evaluation by a Board recognized Physician with expertise and experience treating addictions. The VDAP program is a valuable resource for nurses with substance abuse issues that allows them to avoid disciplinary actions by the Board while receiving the treatment they need. Although, VDAP is a great resource, it is intended for nurses with substance abuse issues and certain mental issues and requires strict adherence to the treatment plan and agreements which often involves Individual and group counseling, participation in a 12 step program, random drug screens throughout the program, and other treatment recommendations. The program is usually 3-5 years in length and can be expensive. Comprehensive evaluation fees by physicians and treatment centers may cost $2000-$6000 depending on length of program. Monitoring fees at the beginning of the program usually cost $1000. Required drug screens may cost $100-$200 dollars per test depending on lab and panels required by the Board. These test are usually required throughout the program which may be 3-5 years in length. The frequency of the test may be monthly, twice a month, weekly, or according to individual agreement. The cost of these test over time can be significant. Additionally, the cost of counseling and other requirements can be expensive and ongoing throughout the program. Although, participation in VDAP is a valuable resource for nurses with substance abuse issues, the expense and requirements to complete are quite high and nurses should be fully aware of the cost, requirements for completion, and monitoring requirements before signing up for the program.
John Hutto, Alabama Nursing Licensure Defense Attorney, is prepared to assist you with your case to help you see that your investigation is resolved with the best outcome possible. Once you hire a lawyer, the nursing board conducting your investigations will not be allowed to contact you during the inquiry. This means that you will not be responsible for answering any questions about your drug or alcohol history directly; these issues will be fielded by Mr. Hutto to ensure that your defense and legal rights are upheld.
The Alabama Board of Nursing Investigation Process:
The process usually begins with the Alabama Board of Nursing receiving a complaint. The complaint may be filed by anyone. Sometimes it is a co-worker, the nurse’s employer, a patient, or a family member of a patient. It is not unheard of for even a spouse involved in a divorce or custody battle to file an anonymous complaint in an attempt to gain leverage.
Once the Alabama Board of Nursing receives a complaint, an investigator is assigned to review the complaint. Often times the investigator is not a nurse. The Nurse will receive a letter from the Alabama Board of Nursing notifying the Nurse that a complaint has been filed. The letter will contain a case number that references your case and will give you some instructions such as to notify the Board of Nursing if your nursing employment or address changes. It will also ask you to contact the investigator to discuss the case. In my opinion, before calling the investigator you need to discuss your case with an attorney who handles nursing licensure defense. Often investigators for the Board of Nursing will ask seemingly innocent questions and or will appear to be friendly and understanding in an effort to get you to open up to them. It is important to remember that anything you say can later be used against you. Many times a nurse will call the investigator in an effort to resolve the matter and inadvertently end up saying something that is detrimental to their case. Other nurses will simply ignore the letter and hope the situation will resolve itself. Neither approach is recommended. If you choose to ignore the letter, weeks or months may go by, but odds are you will eventually receive a notice that a formal complaint will be filed and a hearing scheduled. Usually, the Board of Nursing will at the same time offer a consent agreement, basically stating that the nurse admits the allegations and accepts whatever disciplinary actions are offered in the consent agreement. If you have not already done so, you definitely should consult an attorney at this point. Often nurses will accept the consent agreement as offered just to resolve the matter and avoid a hearing. Afterwards many nurses regret the decision and request a hearing, only to find out that by agreeing to the consent order, they effectively admitted the "finding of facts" contained therein and more importantly waived their right to appeal the matter. Remember, even if you are willing to accept a consent order, you still need an attorney to represent you. Often an attorney can negotiate a better deal than you could on your own.
The Alabama Board of Nursing Disciplinary Hearing:
If an agreement cannot be reached, the Board of Nursing will issue a formal complaint and notify the nurse that a hearing has been set. It is important at this stage to retain an attorney, if you have not already done so. You have the right to represent yourself at the hearing, but I do not recommend it. The hearing is an adversarial by nature and you need legal counsel to protect your rights. The hearing usually is held at the Alabama Board of Nursing which is located in the RSA Plaza in downtown Montgomery. The hearing usually takes place in a large conference room at the Board of Nursing. Usually several hearings are held on the same day. An Administrative Law Judge (ALJ) who is usually a local attorney in Montgomery presides over the hearing. The hearing begins by having the formal complaint read. Then the Alabama Board of Nursing presents it case through its Attorneys. They usually have the person who made the complaint testify then call witnesses. You may, through your attorney or own your on cross-examine the Board's Witnesses. After the Board of Nursing presents its case, the nurse can then present their case by introducing their evidence and calling witnesses. Afterwards, both sides present a summation of the parties (closing argument) then the AOJ consider the evidence and makes a ruling and submits findings to the Board of Nursing. If the nurse does not agree with the decision, they may file an appeal with Circuit Court in Montgomery.
Protect Your Rights:
Have you been contacted by the Alabama Board of Nursing notifying you that a complaint has been filed against you? If so, you need to call John Hutto, Nursing Licensure Defense Attorney. Mr. Hutto is a Nurse Attorney. He represents nurses across Alabama in actions involving the Alabama Board of Nursing. For Nurses, professionally speaking, there's hardly anything RN' s LPN' s and APN's fear more than a disciplinary notice from the Alabama Board of Nursing. After all, most nurses are hard-working dedicated professionals performing demanding jobs often under demanding working conditions.
Contact Us
With your livelihood and reputation at stake, don’t enter into an investigation without the representation of an experienced nursing license defense attorney. John Hutto is prepared to provide sound legal advice and assistance throughout your case so that you are backed by the best defense possible. To learn more about how he can provide you with the legal counsel that you need to get through this difficult time, contact the Law Office of John Hutto today at 256-335-4425, email johnhuttoattorney@yahoo.com or fill out and submit the Free Nursing License Defense Consult Request form and Mr. Hutto will be in touch with you soon to discuss your matter.
John Hutto is an attorney and counselor of law. He is a graduate of the University of Alabama School of Law. In addition, Mr. Hutto holds a Bachelor of Science in Nursing from the University of North Alabama, a Master of Science in Nursing from the University of Alabama in Huntsville in the Family Nurse Practitioner Track, and a Bachelor of Science in Business Administration with a dual major in Finance and Economics form the University of North Alabama. Mr. Hutto is uniquely qualified to evaluate and handle your nursing licensure defense case. He has healthcare experience from the inside having worked as an registered nurse and nurse practitioner in the hospital setting. He has also taught nursing students as a clinical nursing instructor at the University of Alabama in Huntsville.
Mr. Hutto is admitted to practice before:
Advanced practice Nursing in Alabama
The Alabama Board of Nursing grants approval for Advanced Practice Nursing in four categories:
Alabama Requirements for Advanced Practice of Nursing:
Alabama law provides that no person may engage in advanced practice nursing in Alabama unless that person possesses a certificate of approval from the Alabama Board of Nursing for the category of intended practice.
Requirements for Approval of Advanced Practice Nursing
Licensure:
Education:
Certification:
Collaborative Practice and Prescribing Authority:
Apply on-line for Advanced Practice Nursing approval
Renewal:
Alabama Board of Nursing Administrative Code Regarding Qualifications for Practice as a Nurse Practitiioner:
610-X-5-.02 Qualifications for Approval to Practice as a Certified Registered Nurse Practitioner
(1) The applicant for approval to practice as a certified registered nurse practitioner shall have:
(a) An active Alabama registered nurse license. Initial applicants shall have an unencumbered active Alabama registered nurse license unless authorized by the Board.
(b) Met all requirements for completion of or graduation from an organized program of study and clinical experience beyond the basic educational preparation as a registered nurse that prepares nurse practitioners and is recognized by the Board of Nursing and the appropriate specialty-certifying agency.
(c) At least a master’s or higher degree in advanced practice nursing from an accredited program recognized by the Board.
(d) Current certification as a certified registered nurse practitioner granted by a national certifying agency recognized by the Board of Nursing in the clinical specialty consistent with educational preparation and appropriate to the area of practice
(2) The applicant for initial approval as a certified registered nurse practitioner who meets one of the following criteria is exempt from the requirement for a master’s degree in nursing:
(a) Graduation prior to 1996 from a Board-recognized post-baccalaureate program preparing nurse practitioners.
(b) Graduation prior to 1984 from a non-baccalaureate program preparing nurse practitioners.
(3) The Board of Nursing may grant a waiver of the master’s degree requirement at its discretion.
Author: Alabama Board of Nursing
Statutory Authority: Code of Alabama, 1975, § 34-21-84.
History: Effective June 26, 1995. Amended: Filed August 25, 2003. Effective September 29, 2003.
610-X-5-.13 Alabama Code Qualifications for Approval as a Certified Nurse Midwife.
(1) The applicant for approval to practice as a certified nurse midwife shall have:
(a) An active Alabama registered nurse license. Initial applicants shall have an unencumbered active Alabama registered nurse license unless authorized by the Board.
(b) Met all requirements for completion of or graduation from an organized program of study and clinical experience beyond the basic educational preparation as a registered nurse that prepares nurse midwives and is recognized by the Board of Nursing and the appropriate specialty certifying agency.
(c) At least a master’s or higher degree in advanced practice nursing from an accredited program recognized by the Board. The applicant for initial approval as a nurse midwife who meets one of the following criteria is exempt from the requirement for a master’s degree in nursing:
(i) Graduation prior to 1996 from a Board recognized post-baccalaureate program preparing nurse midwives.
(ii) Graduation prior to 1984 from a non-baccalaureate program preparing nurse midwives.
(iii) The Board of Nursing may grant a waiver of the master’s degree requirement at its discretion.
(d) Current certification as a certified nurse midwife by the American College of Nurse Midwives or American College of Nurse Midwives Certification Council.
Author: Alabama Board of Nursing
Statutory Authority: Code of Alabama, 1975, § 34-21-84.
History: Effective June 26, 1995. Amended: Filed August 25, 2003. Effective September 29, 2003.
610-X-9-.01 Alabama Qualifications for Approval to Practice as a Certified Registered Nurse Anesthetist
(1) The applicant for approval to practice as a certified registered nurse anesthetist shall have:
(a) An active Alabama registered nurse license. Initial applicants shall have an unencumbered active Alabama registered nurse license unless authorized by the Board.
(b) Met all requirements for completion of or graduation from an organized program of study and clinical experience beyond the basic educationalpreparation as a registered nurse that prepares nurse anesthetists and is accredited by the Council on Accreditation of Nurse Anesthesia Educational Programs/Schools or its predecessor, the American Association of Nurse Anesthetists and recognized by the Board of Nursing.
(c) Earned at least a master’s degree, or post-master’s certificate in advanced practice nursing from an accredited graduate program in nurse anesthesia recognized by the Board.
(d) Current certification as a registered nurse anesthetist by the Council on Certification of Nurse Anesthetists or the Council on Recertification of Nurse Anesthetists.
(2) The applicant for approval as a certified registered nurse anesthetist who graduated from an accredited school of nurse anesthesia prior to December 31, 2003, is exempt from the master’s degree requirement.
Author: Alabama Board of Nursing
Statutory Authority: Code of Alabama, 1975, § 34-21-84.
History: Effective September 29, 1982. Amended: Filed August 25, 2003. Effective September 29, 2003. Amended: Filed May 14, 2007. Effective June 18, 2007.
610-X-9-.07 Qualifications for Approval to Practice as a Clinical Nurse Specialist.
(1) An applicant for approval to practice as a clinical nurse specialist shall have:
(a) An active Alabama registered nurse license. Initial applicants shall have an unencumbered active Alabama registered nurse license unless authorized by the Board.
(b) A master’s or higher degree, or post-master’s certificate, in nursing from an accredited educational institution in a curriculum designed to prepare clinical nurse specialists.
(c) Certification by a national certifying agency recognized by the Board in the clinical specialty consistent with educational preparation and appropriate to the area of practice.
(2) The registered nurse seeking approval as a clinical nurse specialist in a specialty for which no national certification examination is available may petition the Board for a declaratory ruling pursuant to Rule 610-X-1-.09.
You should not rely on the content of this website as the final answer to your questions and/or determine your ultimate legal rights. You must always discuss the particular facts of your situation with a competent professional licensure defense attorney.
Use of this website constitutes agreement to all disclaimers and terms of use governing this website. None of the information presented on this website regarding our legal services should be construed as legal advice. Using this website for informational purposes is not a substitute for consulting with a professional licensure defense attorney. Submission of information through pages entitled "Free Nursing Licensure Defense Consult Request” and “Contact” or any other means provided through this firm’s website does not constitute, initiate or create in any manner, an attorney-client relationship.
You are not considered a client of our firm until your case has been reviewed and accepted by us, and you have signed and submitted a formal “Attorney-Client Agreement,” along with a retainer. Furthermore, you expressly authorize any information submitted to be forwarded to any attorney for evaluation. The links available on this website are provided strictly as a convenience to users.
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John Hutto is licensed to practice law in the state of Alabama. Some of the information may not be correct in other jurisdictions.
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Disclaimer:
The following language is required pursuant to Rule 7.2, Alabama Rules of Professional Conduct. "No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers".
Treatment Programs that Include a Physician Evaluation:
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956 Montclair Road, Suite 200
Birmingham, AL 35213
205-949-4540
Bradford Health Services
119 Albritton Road
Warrior, AL 35180
800-333-1865
The Harbor at Thomas Hospital
750 Morphy Avenue
Fairhope, AL 36532
251-990-1117
UAB Addiction Recovery Program
1713 6th Avenue South
Birmingham, AL 35294
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Copyright 2009 Law Office of John Hutto. All rights reserved.
Law Office of John Hutto
PO Box 113
Florence, AL 35631
United States
ph: 256-335-4425
fax: 888-897-4082
johnhutt