Brent's Law
Brent's Law Advice Column
Nancy J. Brent, RN, MS, JD, Nurse.com's legal information columnist, received her Juris Doctor from Loyola University Chicago School of Law and concentrates her solo law practice in health law and legal representation, consultation and education for healthcare professionals, school of nursing faculty and healthcare delivery facilities.

Brent has conducted many seminars on legal issues in nursing and healthcare delivery across the country and has published extensively in the area of law and nursing practice. She brings over 30 years of experience to her role of legal information columnist.

Letters To Nancy showing 1-8 of 80 1 2 3 4 5 6 7 8 9 10 Next »
Do I need to hire an attorney to see about the return of my license at the completion of my probation? Are all restrictions automatically removed?
Date: Feb 27, 2015 | Nancy Brent
Question - Dear Nancy, I was placed on three years of probation and completed all board requirements...
Nancy Brent replies- Dear Michela, You should be commended for successfully completing all of your restrictions during the time your license was on probation. Many times nurses are not able to fulfill... read more

What is the proceeding that will follow asking for an appeal for licensure? I was denied due to a DUI conviction six years ago?
Date: Feb 25, 2015 | Nancy Brent
Question - Dear Nancy, I was denied licensure due to a DUI six years ago. I have requested an appeal...
Nancy Brent replies- Dear Sharon, You have the right under your applicable state statutes to file an appeal for a review of a board of nursing decision. You did not indicate whether the appeal was the... read more

Is it a HIPAA violation to chart while you're technically off the clock?
Date: Feb 23, 2015 | Nancy Brent
Question - Dear Nancy, Is it a HIPAA violation to chart while you're technically off the clock? Many ..
Nancy Brent replies- Dear Reese, A HIPAA Privacy Rule violation can occur when you access a patient's record for whom you have no patient care responsibilities, regardless of whether you are on duty o... read more

Under HIPAA rules, what is permitted to be verbally reported during end of shift report when done in a double patient room with visitors present?
Date: Feb 20, 2015 | Nancy Brent
Question - Dear Nancy The nurses on my stroke rehab unit have been told that we must give end-of-shif..
Nancy Brent replies- Dear Bryan, As you know, the Health Insurance Portability and Accountability Act's privacy rule requires that personal health information not be shared with others except in certa... read more

Could an RN license keep employers from hiring a nurse who wants to work in other areas she's certified in, such as phlebotomy or ECG?
Date: Feb 18, 2015 | Nancy Brent
Question - Dear Nancy, I hold an RN license but have not worked in nursing for 20 years. I am a certi..
Nancy Brent replies- Dear MaryJo, It is difficult to speculate why you are not being hired for either of the two positions you are certified in and ready and willing to fill. Your RN license should no... read more

What are some options for RNs working in a pediatric ED attached to an adult hospital, who are being asked to work outside their competencies?
Date: Feb 16, 2015 | Nancy Brent
Question - Dear Nancy, I work in a pediatric ED attached to an adult hospital. We are certified nurse..
Nancy Brent replies- Dear Maureen, As you know, as a nurse licensee, you are accountable and responsible for any patient care given. As a result, it is up to you to determine if you are competent and ... read more

Can an RN who wants to dispute a positive drug test before the board of nursing do so alone?
Date: Feb 13, 2015 | Nancy Brent
Question - Dear Nancy, I was turned into the board of nursing for a positive drug test, but I have ne..
Nancy Brent replies- Dear Esther, If the urine test was truly negative, you would not be the first person to have a false positive with such a test. There are many potential problems with urine testin... read more

Is there is a law that prevents hospitals and nursing homes from hiring an RN who has had a felony conviction and or discipline from the state?
Date: Feb 11, 2015 | Nancy Brent
Question - Dear Nancy, Is there is a law that prevents hospitals and nursing homes from hiring an RN ..
Nancy Brent replies- Dear Molly, Although you did not give any details about your situation, some general comments can be made. Despite a compliance with required mandates from a state board of nursin... read more

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*Due to the sheer volume of questions received, Nancy Brent cannot answer every question or respond privately to any questions. All questions answered will appear on Nurse.com, and some may be printed in Gannett Healthcare Group publications. Last names and e-mail addresses will be omitted.
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