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Dean Benard, Journal of Nursing Regulation Volume 6/Issue 2 July 2015
31 July 2015
Incidents involving unlicensed practitioners are increasing across the United States and Canada, and in many jurisdictions, combating illegal practitioners falls to the regulatory body.This article describes the scope of the problem and explains methods for preventing unlicensed practice and identifying unlicensed practitioners by using investigative techniques.The article also addresses the val...
Dean Benard
28 July 2015
When investigators testify, they have the opportunity to demonstrate their credibility and professionalism. To do so, they should be aware of techniques for keeping calm and providing thoughtful, responsive answers. One important technique a skilled witness uses is to focus on the limits of the actual question, rather than to interpret it and over answer. Here’s a simple example from everyday life...
Dean Benard
21 July 2015
For investigators, the report is everything. Investigators are not on the stand for every case, and most cases do not even make it to a hearing. Thus, the investigator’s reputation relies on his or her report. The report should be simple and straightforward. Investigators should prefer, “This investigation was done quickly” to “This investigation was conducted expediently.” The report should use w...
Dean Benard
14 July 2015
To avoid claims of incompetence, investigators should implement evidence procedures and follow them. They need to make sure all evidence is dated and use some form of case management. For documentation, investigators must ensure they have backup. They should scan documents or make extra copies with dates and times for all interviews and documents for each case file, and log every phone call for ev...
Dean Benard
7 July 2015
Investigators-even if they understand the line between appropriate conduct and misconduct and would never cross it-can still be accused of misconduct, such as coercion, threats, and intimidation to obtain information. To protect themselves from such accusations, investigators should record their interviews, as long as their client doesn’t object. However, recording is a two-way street. Investigato...

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