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The American Association
of Nurse Attorneys

Continuing Education Credits

Nursing Education Credits

  • This conference is approved for up to 10.75 Nursing CE through the California Board of Nursing.

Legal Education Credits

  • This conference is approved for up to 10.00 CLE (including 2.00 Ethics for session 5 and 9) by the Alabama, New York, and Pennsylvania State Bars.
  • This conference is approved for up to 9.00 CLE (including 3.00 Ethics for session 2, 5 and 9) by the Texas State Bar (excludes session 6).

Daily Schedule

All times are Eastern; Subject to change

(pdf)

click the tabs below to view the details

Session 1: Nurse Practitioner Malpractice Data Trends: Newly Released Data

  • Presentation Handout
  • Jennifer Flynn, CPHRM; Aon/Nurses Service Organization (NSO); Fort Washington, Pennsylvania
  • Lynn Pierce, MSN, RN, APRN, FNP-C, CPHRM; CNA Healthcare Risk Control; Atlanta, Georgia

Learner Objectives:

  1. List the leading allegations made against NPs in malpractice lawsuits.
  2. Define the average incurred expense for NPs in a malpractice lawsuit.
  3. Identify key risk management tools NPs can incorporate into their practice.

Session 2: Resource Allocation & The Lawyer's Role

  • Presentation Handout
  • Lynn Maureen Barrett, JD, CHC, CCP; Wachler & Associates; Windermere, Florida

Learner Objectives:

  1. Understand the various frameworks for making decisions about resource allocation.
  2. Learn to apply the ABA's Model Rules of Ethics & Professionalism to the lawyers role in this process.

Session 3: The Nurse Licensure Compact: Easing Regulatory Burdens and Enhancing Public Protection

  • Presentation Handout
  • Alice Maples Henley, JD, LLM; J.D., Alabama Board of Nursing; Montgomery, Alabama

Learner Objectives:

  1. Describe the key provisions of the Nurse Licensure Compact.
  2. Discuss the investigative and disciplinary process for nurses who hold multistate licenses.
  3. Identify issues attorneys should consider when handling licensure and disciplinary matters involving holders of multistate licenses. 

Session 4: Nurse Burnout, Implications for Quality, Safety, and Practice

  • Presentation Handout
  • Rachel Carter Ogilby, DNP, APRN-CNS, AGBC-CNS, CMSRN; Kent State University; Cleveland, Ohio

Learner Objectives:

  1. Identify at least 3 consequences of burnout on the individual nurse.
  2. Identify at least 3 consequences of burnout on healthcare quality.
  3. Recognize evidence-based ways to reduce burnout.
  4. Discuss the role of nurse leaders in reducing burnout, litigation, and compliance.

Session 5: Mental Health Screening and Referral to the Mental Health Court for Justice-Involved Individuals with a Mental Illness: Implications of Inconsistent Policies and Processes

  • Presentation Handout
  • Mitzi C. Pestaner, PhD, RN, JD, LLM; East Carolina University College of Nursing; Greenville, North Carolina

Learner Objectives:

  1. Gain an understanding of the role of the mental health court in facilitating positive outcomes relating to recidivism and mental illness symptoms.
  2. Gain an understanding of the ethical implications regarding inconsistent policies and processes in screening and referral of potential mental health court participants.


Awards & Annual Business Meeting
Agenda:

Session 6: Microaggressions: What Are They, and How to Interrupt Them

  • Jay B. Marks, PhD; Diversity & Equity Consultant; Jay B. Marks and Associates Educational Consulting Services; Oakland County, Michigan
  • Robert A. Martin, PhD; Visiting Assistant Professor, Oakland University, Rochester, Michigan

Learner Objectives:

  1. Define microaggressions.
  2. Increase understanding and recognition of microaggressions.
  3. Develop a capacity to avoid and interrupt microaggressions in our personal lives and professional practice.

Session 7: Nursing Scope of Practice

  • Presentation Handout
  • Douglas C. Long, RN, BSN, MBA, PhD; San Quentin State Prison; San Rafael, California
  • Edie Brous, BSN, MS, MPH, JD, RN; Edith Brous, Esq. PC; East Stroudsburg, Pennsylvania

Learner Objectives:

  1. Understand what is a nursing scope of practice in theory.
  2. Analyze current nursing scope of practice laws and regulations.
  3. Identify areas lacking in the nursing scope of practice programs of state nursing boards.

Session 8: The Effect of OIG’s Exclusion Authorities on Nurses

  • Presentation Handout
  • Nancy W. Brown, Esq; Office of Counsel to the Inspector General; U.S. Department of Health and Human Services; Washington, DC
  • Felicia Heimer, Esq; Office of Counsel to the Inspector General; U.S. Department of Health and Human Services; Washington, DC
  • Jonathan L. Culpepper, Esq; Office of Counsel to the Inspector General; U.S. Department of Health and Human Services; Washington, DC

Learner Objectives:

  1. Introduction to OIG and its' services.
  2. Review and discuss OIG Administrative Sanctions.
  3. Explore "Exclusions" its Impact.
  4. Review case studies and resources about Mandatory v. Permissive Exclusion.

Session 9: The Increasing Criminalization of Medical Mistakes by Nurses

Learner Objectives:

  1. Identify critical points where nurses may have liability for criminal acts.
  2. Define the differences in the burdens of proof in criminal, civil, and administrative cases.
  3. Identify ethical considerations when handling cases that may involve multiple legal modes: Civil, Administrative, and/or Criminal.

Session 10: Leadership in Health Policy for Nurse Attorneys

Learner Objectives:

  1. Identify three levels to impact policy.
  2. Discuss the impact of policy on health care, nursing practice, and business planning for nurses and nurse attorneys.
  3. Discuss key points to address when discussing advocacy with nurse-clients.
  4. Identify how to network to impact policy.
  5. Discuss resources to prepare for policy advocacy.

Poster 1. The Benefits of Nurse-Attorney Education

  • Kelli Ann Lam; BSN, CCRN, JD (May 2023); Thomas Jefferson School of Law; Palm Springs, California

Learner Objectives:

  1. Identify three characteristics of BSN graduates that prepare them for law school.
  2. Identify three ways in which law school prepares nurses for leadership positions in nursing and prepares them for work on governing boards.
  3. Identify how mentorship by a nurse attorney can prepare nurses in law school for next steps in practice.

Poster 2. RESTORE: Improving Resilience and Reducing Burnout in Critical Care Nursing Staff

  • Rachel Carter Ogilby, DNP, APRN-CNS, AGBC-CNS, CMSRN; Kent State University; Cleveland, Ohio

Learner Objectives:

  1. Identify evidence-based rationales for implementing resilience training.
  2. Understand the difference resilience training made in the burnout symptoms of staff.
  3. Identify the impact resilience training makes on the nursing profession.

Poster 3. Use of Open Education Resources in Supporting Diverse BSN Student Retention

  • Kimberly Ann Cleveland, PhD, JD, RN, C-MBC, C-MPC; Kent State University; Cleveland, Ohio
  • Anthony Vanderhorst, PhD; Kent State University; Cleveland, Ohio

Learner Objectives:

  1. Identify three characteristics of OERS that contribute to retaining BSN students.
  2. Identify the importance of ethical use, review, and contribution to these resources in the provision of health policy courses.
  3. Identify challenges to students and educators in selecting OERS for course support of health policy.

Conference Presenters

Alphabetical by last name

Lynn Maureen Barrett, JD, CHC, CCP; Wachler & Associates; Windermere, Florida

Lynn is a Partner at Wachler & Associates. She has significant experience in matters involving federal and state healthcare laws and regulations, particularly those involving the Stark Law, the AKS and EKRA. She also prepares and helps implement compliance programs and performs compliance program effectiveness reviews. Most recently, Lynn served as General Counsel to a large public health system and worked collaboratively to implement a Corporate Integrity Agreement. Previously, Lynn served as Chief Compliance and Ethics Officer for a large academic medical system. She has also worked in Partner and Associate positions in law firms, as well as in-house counsel in for-profit, non-profit and public health systems. In these positions, she has worked on a wide array of legal and compliance issues, including physician and referral source arrangements, clinical research, transactional and operational matters, access to care, medical necessity, quality of care and Board governance matters. Lynn is currently an Adjunct Professor at Hofstra Law School the NSU College of Law. She is and Certified in Compliance by HCCA and has been designated as a Certified Compliance Professional by the Health Ethics Trust. Lynn is a Fellow of the American Bar Foundation and holds leadership positions in the ABA as well as in the AHLA. She is on the Board of Directors for the Women’s Healthcare Executive Network and is a member of the Florida Bioethics Network. Lynn received her J.D. from New York University School of Law in 1991 and her B.S. from Carnegie-Mellon in 1986.

Edie Brous, BSN, MS, MPH, JD, RN; Edith Brous, Esq. PC; East Stroudsburg, Pennsylvania

Ms. Brous is a Nurse Attorney in private practice concentrating in professional licensure representation and nursing advocacy. She has practiced in major litigation law firms representing nurses, physicians, hospitals and pharmaceutical companies. Edie is admitted to practice before the bars of the state courts of New York, New Jersey and Pennsylvania, the Southern and Eastern Districts of the New York Federal Courts and the United States Supreme Court. She is a member of many bar associations and nursing organizations and was the 2011 president of The American Association of Nurse Attorneys.

Ms. Brous has an extensive clinical and managerial background in OR, Emergency and Critical Care Nursing. In addition to her law degree, she holds master’s degrees in Public Health and in Critical Care Nursing from Columbia University. She has been part time faculty at Columbia University, and has held adjunct faculty positions at several universities teaching legal aspects of nursing. Ms. Brous has lectured and published extensively on legal issues for nurses and co-authored the textbook Law and Ethics for Advanced Practice Nurses. She is the 2008 recipient of the Outstanding Advocate Award, the 2017 Outstanding Litigation Section Member Award, and the 2020 Outstanding Solo Practice Section Member Award from The American Association of Nurse Attorneys.

Nancy W. Brown, Esq; Office of Counsel to the Inspector General; U.S. Department of Health and Human Services; Washington, DC

Nancy is a native of Philadelphia, Pennsylvania. She is a graduate of the University of Virginia where she earned a B.A. in Sociology. She is also a proud alum of the Howard University School of Law (HUSL) where she earned her J.D. After finishing HUSL, Ms. Brown became a member of the New York Bar and worked in private practice before becoming an Assistant General Counsel at the New York City Department of Consumer Affairs. She civilly prosecuted financial fraud cases and specialized in consumer protection and consumer fraud. Ms. Brown relocated to Washington, D.C. to work for the Federal Trade Commission (FTC) where she continued her efforts to combat fraud. Ms. Brown left the FTC to work as Senior Counsel for the Office of Counsel to the Inspector General (OIG) for the Department of Health and Human Services where she has been practicing health care law since 2006. Ms. Brown’s health care portfolio includesprovider Self-Disclosures, False Claims Act cases, Civil Monetary Penalty cases, exclusion matters, and she also negotiates and monitors Corporate Integrity Agreements with health care providers around the country.Ms. Brown has been a speaker at numerous health care law symposiums and conferences including AHLA, NAMFCU, NAMPIand HCCA. Ms. Brown has also been a member of the Adjunct Faculty at the David A. Clarke School of Law at the University of the District of Columbia for nearly 10 years as well as an adjunct professor at the Maurice A. Deane School of Law at Hofstra University.

Kimberly Ann Cleveland, PhD, JD, RN, C-MBC, C-MPC; Kent State University; Cleveland, Ohio

Dr. Cleveland is solo practitioner of law admitted to practice in the State of Ohio and the United States Supreme Court and a professor of health policy, law, and economics at Kent State University. She holds many leadership positions in nursing, including Chair of the Nurses on Boards Coalition and Recording Secretary for the American Association of Nurse Attorneys, and Public Policy Committee member for the National League for Nursing. She has participated and led funded research regarding nursing student anxiety during COVID. Her research includes the impact of open educational resources and affordable digital resources in providing health policy education to nursing students.

Jonathan L. Culpepper, Esq; Office of Counsel to the Inspector General; U.S. Department of Health and Human Services; Washington, DC

Jonathan is an attorney with the United States Department of Health and Human Services, Office of Inspector General (OIG) where he represents the agency in affirmative program exclusions and civil monetary penalties against health care providers. Mr. Culpepper also works on False Claims Act matters and the negotiation and monitoring of Corporate Integrity Agreements. Prior to working for the OIG, Mr. Culpepper worked at health care regulatory firm called Liles Parker, PLLC. He received his B.A., magna cum laude, from Howard University, and his J.D. from Northeastern University School of Law. At Northeastern, Mr. Culpepper concentrated in Health Law and Policy. He is a member of the Massachusetts and District of Columbia Bar.

Jennifer Flynn, CPHRM; Aon/Nurses Service Organization (NSO); Fort Washington, Pennsylvania

Jennifer is Vice President of Risk Management for Nurses Service Organization in the Healthcare Division of Aon’s Affinity Insurance Services, Inc. Specializing in risk management and having worked in the health care insurance business for over 21 years, Jennifer is dedicated to educating nurses and health care professionals on professional liability risks and offers strategies to mitigate those risks by supporting patient safety principles and developing quality management programs. In addition to being a frequent national speaker on healthcare risk and liability, Jennifer is also a published author on various risk management topics. Jennifer is a Certified Professional in Healthcare Risk Management and is a licensed Property & Casualty agent. She earned a BA in Psychology from Arcadia University in Glenside, Pennsylvania.

Felicia Heimer, Esq; Office of Counsel to the Inspector General; U.S. Department of Health and Human Services; Washington, DC

Felicia is a senior attorney with the United States Department of Health and Human Services, Office of Inspector General (OIG) where she represents the agency on a wide range of healthcare fraud and compliance matters including the settlement of cases arising under the civil False Claims Act, the resolution of matters under the Self-Disclosure Protocol, and the negotiation and monitoring of Corporate Integrity Agreements. Prior to entering government service, Ms. Heimer worked for a global litigation advisory firm assisting health systems, pharmaceutical manufacturers and their boards of directors in responding to government investigations and conducting internal compliance reviews. Ms. Heimer began her legal career at an academic medical center and research institute in Southern California. Ms. Heimer is a frequent speaker on healthcare fraud and compliance issues, and also serves as an Adjunct Professor of Law at Seton Hall University and Loyola University Chicago where she teaches courses on healthfcare fraud and abuse laws, and healthcare payment and policy matters. She received her B.A, magna cum laude, from Loyola University Chicago, her M.P.H. from University of California, Los Angeles, and her J.D. from Whittier College. She is a member of the California Bar.

Alice Maples Henley, JD, LLM; J.D., Alabama Board of Nursing; Montgomery, Alabama

Since January 2008, Ms. Henley has served as the General Counsel for the Alabama Board of Nursing, where she leads the Board’s Legal Division, prosecutes disciplinary proceedings against licensees of the Board, manages all litigation involving the Board, and provides general legal services to the Board. Before joining the ABN staff, Ms. Henley worked for over five years as an Assistant Attorney General in the Alabama Attorney General’s Office, first with the General Civil and Administrative Law Division and later as the Chief of the Consumer Protection and Antitrust Section. Ms. Henley began her legal career as a law clerk to two federal administrative law judges at the U.S. Department of Labor, Office of Administrative Law Judges in Washington, D.C. She earned her J.D. from Washington and Lee University School of Law and her LL.M. in Health Law from the University of Houston Law Center. Ms. Henley currently serves as Co-Chair of the Rules Committee and member of the Technology Task Force for the Interstate Commission of Nurse Licensure Compact Administrators, and her NCSBN involvement includes prior service as a member of the Active Supervision Committee, ABN representative to the Delegate Assembly, presenter at NCSBN meetings, and peer reviewer for the Journal for Nursing Regulation. She has been a member of the Alabama State Bar since 1999 and currently serves on the council of the Administrative Law Section.

Kelli Ann Lam; BSN, CCRN, JD (May 2023); Thomas Jefferson School of Law; Palm Springs, California

Kelli is a 3L at Thomas Jefferson School of Law, plans to practice healthcare law. Prior to law school, she worked in intensive care and emergency departments as a registered nurse and as a police dispatcher. She also has experience interpreting health laws and contracts for a major insurance company.

Douglas C. Long, RN, BSN, MBA, PhD; San Quentin State Prison; San Rafael, California

Douglas Long is a working nursing in emergency departments and acute care in the San Francisco region. He is the author of Nursing Scope of Practice and Nursing: Moving Forward. His newest book, Nursing Scope of Practice in Latin America, includes case studies written by the top nurse leaders of that region. He earned his PhD from the University of California, San Francisco, and MBA from San Francisco State University.

Jay B. Marks, PhD; Diversity & Equity Consultant; Jay B. Marks and Associates Educational Consulting Services; Oakland County, Michigan

Jay is a widely-respected educator who has been in education since 1991, where he began his career as a Special Education Teacher at Northern High School with the Detroit Public School System. During his career he has served as a classroom teacher for 17 years with both Detroit and Southfield Public School Systems, as well as an educational consultant on the national level. Currently, Dr. Marks is a Diversity and Equity Consultant with Oakland Schools (the Intermediate School District in Oakland County, Michigan) where he serves and supports the professional development needs of the 28 school districts within Oakland County. He is highly sought after for his work in the area equity focused on Anti-Racism, Social Justice, Cultural Competence, Courageous Conversations about Race, Culturally Responsive Teaching, Educating African American Males, and Student Engagement. In addition to his professional work in the field of education, he has been mentoring youth since 1989, and has started several mentoring programs in the Metropolitan Detroit Area as a result of his experiences. His academic credentials include a B.S. degree from Western Michigan University (1990), M.A. degree from University of Detroit Mercy (1995), and an Ed. Specialist Certificate (1997) and Ph.D. (2005) in Curriculum and Instruction both from Wayne State University. As a graduate student, Dr. Marks studied abroad at Oxford University in Oxford, England as a student in their British Studies Program. Dr. Marks is an active member of Omega Psi Phi Fraternity, Inc., and the proud father of two beautiful daughters, Amari (18) and Jalia (15).

Robert A. Martin, PhD; Visiting Assistant Professor, Oakland University, Rochester, Michigan

Robert is a Special Instructor in the Department of Organizational Leadership at Oakland University in the Educational Leadership program and serves as the Coordinator for the Masters of Education in Educational Leadership degree. In 2016, he retired from Chief of Staff for Utica Community Schools and Assistant Superintendent for West Bloomfield Schools. His research expertise includes Leadership, Cultural Proficiency, and Student Engagement. His collegiate experience includes the University of Michigan-Flint, Michigan State University, Lipscomb University, and Rochester University. Robert facilitates sessions for public and privates schools, Michigan Department of Education, Henry Ford Health Systems and community activities related to his research areas. Robert graduated from the University of Michigan, B.M., Wayne State University, M.Ed. and Oakland University, Ph.D. He has served as a teacher, building principal, Leadership Consultant and Central Administrator. He is the founder of Martin, Martin & Associates, LLC and the Artistic Director Emeritus of a semi-professional adult chorus, the Madrigal Chorale.

Marc Meyer, RN, JD; Law Office of Marc Meyer; Montgomery, Texas

Marc received a BS in Biology from Cornell University in 1986, and an MS in biochemistry from Texas A&M University. In July, 1990, Marc joined the City of Houston Fire Department as a paramedic and firefighter, and he retired in 2011 after 21 years. In 1998, Marc graduated with an AS in nursing from Regents College (now Excelsior College) and is licensed as a Registered Nurse by the Texas Board of Nursing. Marc has been a nurse in the Emergency Department, Neurological ICU, Medical-Surgical floor, and Hospice settings. In 2009, Marc graduated from the South Texas College of Law and is licensed as an attorney by the State Bar of Texas. Marc is involved in the American Bar Association, Health Law Section; The American Association of Nurse Attorneys; the Woodlands Bar Association; the Montgomery County Bar Association, and the Houston Bar Association. Marc is the current chair of the Houston Bar Association Health Law Section and is the President-elect of The American Association of Nurse Attorneys.

Rachel Carter Ogilby, DNP, APRN-CNS, AGBC-CNS, CMSRN; Kent State University; Cleveland, Ohio

Rachel completed her DNP and MSN from Kent State University and her BSN from Cleveland State University. She currently lives in Paris, France with her husband and baby. She is passionate about burnout and initiated her blog www.happyartichoke.com to support resiliency and share medical experiences while living in another country. Her professional goals include implementing resiliency training in nursing schools and healthcare systems and reducing healthcare inequalities in the US by impacting policy change.

Mitzi C. Pestaner, PhD, RN, JD, LLM; East Carolina University College of Nursing; Greenville, North Carolina

Dr. Pestaner is an Assistant Professor at East Carolina University College of Nursing and teaches mental health nursing in the Department of Baccalaureate Education. She received a BSN from the University of Maryland School of Nursing, MSN (Nursing Leadership) from East Carolina University, and PhD in Nursing from East Carolina University. Dr. Pestaner received her Juris Doctor from the University of Maryland School of Law and Masters in Taxation Law from the University of Alabama School of Law. Her nursing experience in mental health includes caring for patients as a staff nurse and in administrative roles in acute care and community settings. She practiced law in North Carolina and Maryland representing clients in criminal and family law matters. Dr. Pestaner is an active member of the North Carolina Nurses Association, Sigma Theta Tau (Beta Nu and Pi Chapters), Southern Nurses Research Society, and the American Association of Nurse Attorneys. Her research interests include adolescent mental health and the role of protective factors in adolescent suicide prevention, and the influence of behavioral health treatment courts on recidivism and mental health outcomes for court participants.

Lynn Pierce, MSN, RN, APRN, FNP-C, CPHRM; CNA Healthcare Risk Control; Atlanta, Georgia

Lynn is Risk Control Director for CNA Healthcare Risk Control. Prior to joining CNA, she worked in such clinical settings as emergency, surgical and cardiac critical care, and cardiac and orthopedic rehabilitation services. She has served as a director of risk management in acute care hospitals and integrated health care systems and has held leadership positions in risk management, quality, HIPAA privacy, environmental and patient safety, case management, corporate compliance, Workers’ Compensation and infection control. In 2002, she became a certified legal nurse consultant, achieved the LEAN Green Belt Certification and a certified Workers’ Compensation professional in Georgia. She earned her associate degree in nursing from Dalton College in Dalton, Georgia and a BSN from the State University of West Georgia in Carrollton, Georgia and is currently attending Spring Arbor University with plans to graduate with a Masters in Nursing as a Family Nurse Practitioner.

Anthony Vanderhorst, PhD; Kent State University, Cleveland Ohio

Anthony Vanderhorst is Associate Professor of Sociology at Kent State University.


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