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Nathan Mubasher
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Nathan Mubasher’s Answers

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  • Who can review or give guidelines for a letter to submit to bvnpt regarding nursing licensure if I have two duis

    I have two dui's and need someone to give me a guideline or review the letter that I am going to submit to licensing board

    Nathan’s Answer

    Such correspondence is very sensitive, and requires a skilled balance between acknowledging mistake and evidence of rehabilitation (if any). Has legal action been taken against your license? Have you already completed court action on both DUI's? Have you received so called California expungement?

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  • I purchased a medical database through a financing agreement with the bank. How can I get out of it?

    The medical database is essentially off the grid, and has a ton of issues. The owners of that database now have my patient files and won't release them to me unless I pay. The bank says its an independent middle man and has nothing to do with th...

    Nathan’s Answer

    A diligent and persistent attorney could communicate with the Korean company's counsel, or even US diplomats to figure out what's going on, with you potentially getting an "off the grid" solution to something that can cost you much more than you put in.

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  • Do I need to disclose felony as a minor for licensing? (Physical therapy Boards) and how will it affect my licensing

    Hi, I have just completed my physical therapy education and will take my state licensing exam in 3 months. I am now 30 years old. When I was 15 i was convicted of a felony and tried as an adult for a 211 (wrong place wrong time). Through...

    Nathan’s Answer

    I will weigh in briefly only to add to the excellent answers of my colleagues that touch on post conviction relief and juvenile record interpretation. I would encourage you to sharpen your focus on rehabilitation since you mention "convictions" which may demonstrate a pattern of flouting the law. A robbery at 15 with you treated as an adult for conviction purposes is a steep hill to climb even if it was over a decade ago. It will be that much more important to paint a picture that this was an isolated episode, and if you have other issues in your background, it'll be that much more important to obtain counsel to assist you in how you approach the application. Coming here was a good step and shows you are genuinely interested in taking the time to demonstrate to the agency that you plan on contributing positively to society.

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  • What is a good setalment on a wrongfull death cass.

    A man fell. Asleep at the wheal n hit. My mother car head on and killed her he has one million in cuveridg and an extra two million dollars on top

    Nathan’s Answer

    In a matter like this, it would be wise to speak to counsel in California immediately if none has been retained. Many offer a free consultation and it would be wise to shop around to see who sounds trustworthy. I am sorry for your loss and no amount of money can ever replace your mother's life. May she rest in peace.

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  • Nursing school background check and nclex

    I have been admitted to nursing school pending a background check. I have a juvenile record that includes possession of a controlled substance ( 15 years ago) and an arrest for petty theft(18 years ago). I am already licensed as a Registered Denta...

    Nathan’s Answer

    Juvenile records are usually sealed as they are the result of adjudications under the Welfare and Institutions Code. Arrests also may not be on your LiveScan. That is likely why you are already licensed as a Registered Dental Hygienist since you state you passed their review of your LiveScan then. Instead of waiting to see what the BRN will see, why don't you order a copy of LiveScan for yourself? If there is an error on there (happens often) you can contact the Department of Justice for correction. As another poster has mentioned, disclosure for anything on your LiveScan is a must, and even if disclosures are required for sealed orders, there are artful ways of doing it that counsel can assist with. .

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  • I am looking for an attorney who specializes in protecting a Nursing license from an agency who wants to place a complaint.

    I recently called in sick to an agency Saturday and they seemed my call off unacceptable. I told them the reason ring was that I had body aches. I told them I don't feel good and that i always get sick when I get those kind of symptoms. So I didn'...

    Nathan’s Answer

    We all get sick but when one is licensed, they may be held to a higher standard. It's like if I'm due in court on a Wednesday and can't make it in so I call sick. Well if I'm due on Thursday morning as well, I shouldn't expect that my call on Wednesday will rectify it. I may have to call in on Wednesday too! When you are dealing with potential accusations of patient abandonment, it becomes too risky to not place the call and to help maybe find alternate coverage. The liability, even in a civil context, let alone administrative, is just way too high! If an investigator from your respective board calls you, it may be wise to obtain administrative counsel to help walk you and the investigator through what was hopefully a terrible misunderstanding. If you know that you always get sick when you get these kinds of symptoms, this is an admission that you were aware that in circumstances like this, you could not come in. That you failed to advise the entity or agency you work with that you would still not be coming in on a second day or shift can spell adverse effects for your license. Distinguished attorneys have given you their opinion that this might not be a big deal, but that it could be, and that there is concern for your lackadaisical attitude. If this is a reflection of the pathology of your affliction, you might get away with it, but it may be questioned and you might need legal preparation to respond appropriately.

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  • Would I have to disclose an expunged infraction petty theft to the board of nursing?

    At first it was a misdemeanor that was later lowered to an infraction. A year later it was expunged from my file. I am now ready to take my NCLEX and I was was wondering if I should disclose this to them. BRN says that I don't have to d...

    Nathan’s Answer

    When in doubt, disclose. The BRN statement excludes minor traffic violations but says nothing about excluding other infractions. Additionally, since your infraction deals with theft issues, that could easily go reflect on "professional conduct" and the Board will want to know about it. It can be addressed in a manageable way that may allow the BRN to allow you to proceed without issue. Do not rely on advice from someone who is a staff worker at the BRN. Do not convince yourself that if you convince yourself strongly enough that you don't have to disclose, that the BRN will agree with your analysis. You will then be dinged for both the infraction involving theft AND failure to disclose, which will be dealing with dishonesty, which also reflects upon professional conduct. Proceed cautiously, and preferably with counsel by your side.

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  • I am an attorney. A client posted a negative statement concerning a case that I handled for her. Am I allowed to respond?

    The client in question agreed to the proposed settlement after I advised her that she was required under Proposition 213 to carry liability insurance. She did not express dissatisfaction with my services at the time.

    Nathan’s Answer

    If you are allowed to respond, consider that you do not violate attorney client confidentiality outright. There are reams of internet materials on how to manage this situation probably. The State Bar ethics hotline is also a very good idea as their paralegal research team is exceptional.

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  • Skilled nursing facility will not allow patients to have food from the outside. This is a concern for one with constipation.

    The facility does not serve fresh fruit, vegetables, or salads. It's always canned, cooked, or commercially prepared. A friend living there complains of constipation. Nurse said problem is taken care by colace or other chemical laxatives. Ther...

    Nathan’s Answer

    One option may be the family council method of resolution:

    Federal regulation §483.15(c), Participation in Resident and Family Groups, requires that:
    - A resident’s family has the right to meet in the facility with families of other residents in the facility;
    - The facility must provide a family group, if one exists, with private meeting space;
    - Staff or visitors may attend meetings at the group’s invitation;
    - The facility must provide a designated staff person responsible for providing assistance and responding to written requests that result from group meetings.
    - When a family group exists, the facility must listen to the views and act upon the grievances and recommendations of families concerning proposed policy and operational decisions affecting resident care and life in the facility.

    The following may be helpful: http://www.canhr.org/familycouncils/fc_organizing.htm

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  • How or when to change an attorney would not affect the filing, response or status of my case so, where I do not harm it?

    When is it recommended not to change lawyers when we are dissatisfied with this attorney's performances handling our case? At what stage in the case would it negatively affect the ongoing case and maybe affect its outcome from missed responses du...

    Nathan’s Answer

    It sounds like your attorney may have filed a case, and the court call is for the case management conference or maybe an OSC. If that's the case, it's too early to really tell if an attorney is not performing well this early in the game, if the other side hasn't even responded yet. Then again, you've tagged this under criminal law so everything I just said might be completely inapplicable. There's more to this story?

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