Brent's Law

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.
Can you tell me what the legal implications are for a faculty member and for a clinical preceptor supervising nursing students?
Nancy Brent replies- Dear Nicole, Both the faculty member and the clinical preceptor share responsibility for the supervision of nursing students in the clinical area under the theory of negligent sup... read more
In order to teach the phlebotomy portion of a clinical procedures course, do I need any other certifications besides a BSN?
Nancy Brent replies- Dear Ava, A quick response to your question really is not possible, because a lot depends on the requirements of the educational program in which you are teaching. Also important ... read more
Does an institution have to tell you all the ways you are being electronically or photographically monitored?
Nancy Brent replies- Dear Wilma, Your question raises many issues that are well beyond the scope of this column, but some general comments can be made. According to the Privacy Rights Clearinghouse (h... read more
I have a misdemeanor for prescription fraud - it was my first offense. If I move to another state, can I still get an LPN license or should I start looking for a new career?
Nancy Brent replies- Dear Ralph, When a licensed RN or LPN has had a criminal conviction, the state in which the nurse is currently licensed is governed by its state nurse practice act. Some states al... read more
Is it legal for our ED staff to be cut to one RN? I have concerns about this.
Nancy Brent replies- Dear Eliana, The cut you describe for your ED does not sound very safe and may, in the long run, prove to be shortsighted. When looking at staffing in the ED, one has to look at m... read more
Is it legal for a facility to require FMLA papers be completed for a day or two off due to an illness?
Nancy Brent replies- Dear Linda, It is not clear exactly how this request by your employer came about. It certainly sounds a little strange because the Family and Medical Leave Act has specific requir... read more
Is there a time limit on disciplinary actions from the board of nursing?
Nancy Brent replies- Dear Bonnie, Any statute of limitations - a limit on the time a state board of nursing has to bring a complaint against a nurse - would be located in the nurse practice act itself... read more
There was an incident at the facility where I work, concerning an outdated narcotic left out and unattended. I found out that it was grounds for termination. What should I do?
Nancy Brent replies- Dear Simone, You did not indicate if you were indeed fired, but the situation is an example of how important it is to handle narcotics as required by law and by facility policy. D... read more
Date: Mar 22, 2013 | Nancy Brent
Question - Dear Nancy, Can you tell me what the legal implications are for a faculty member and for a.. Nancy Brent replies- Dear Nicole, Both the faculty member and the clinical preceptor share responsibility for the supervision of nursing students in the clinical area under the theory of negligent sup... read more
In order to teach the phlebotomy portion of a clinical procedures course, do I need any other certifications besides a BSN?
Date: Mar 20, 2013 | Nancy Brent
Question - Dear Nancy, In order to teach the phlebotomy portion of a clinical procedures course, do I.. Nancy Brent replies- Dear Ava, A quick response to your question really is not possible, because a lot depends on the requirements of the educational program in which you are teaching. Also important ... read more
Does an institution have to tell you all the ways you are being electronically or photographically monitored?
Date: Mar 18, 2013 | Nancy Brent
Question - Dear Nancy, We are moving into a new state-of-the-art hospital with more cameras. Does an .. Nancy Brent replies- Dear Wilma, Your question raises many issues that are well beyond the scope of this column, but some general comments can be made. According to the Privacy Rights Clearinghouse (h... read more
I have a misdemeanor for prescription fraud - it was my first offense. If I move to another state, can I still get an LPN license or should I start looking for a new career?
Date: Mar 15, 2013 | Nancy Brent
Question - Dear Nancy, I have a misdemeanor for prescription fraud - it was my first offense. If I mo.. Nancy Brent replies- Dear Ralph, When a licensed RN or LPN has had a criminal conviction, the state in which the nurse is currently licensed is governed by its state nurse practice act. Some states al... read more
Date: Mar 13, 2013 | Nancy Brent
Question - Dear Nancy, We are in the middle of staff cuts. Two RNs, a ward clerk and a physician staf.. Nancy Brent replies- Dear Eliana, The cut you describe for your ED does not sound very safe and may, in the long run, prove to be shortsighted. When looking at staffing in the ED, one has to look at m... read more
Is it legal for a facility to require FMLA papers be completed for a day or two off due to an illness?
Date: Mar 11, 2013 | Nancy Brent
Question - Dear Nancy, At the hospital where I work, we earn paid sick time, much like vacation time... Nancy Brent replies- Dear Linda, It is not clear exactly how this request by your employer came about. It certainly sounds a little strange because the Family and Medical Leave Act has specific requir... read more
Is there a time limit on disciplinary actions from the board of nursing?
Date: Mar 8, 2013 | Nancy Brent
Question - Dear Nancy, Is there a time limit on disciplinary actions from the board of nursing? Bonni.. Nancy Brent replies- Dear Bonnie, Any statute of limitations - a limit on the time a state board of nursing has to bring a complaint against a nurse - would be located in the nurse practice act itself... read more
There was an incident at the facility where I work, concerning an outdated narcotic left out and unattended. I found out that it was grounds for termination. What should I do?
Date: Mar 6, 2013 | Nancy Brent
Question - Dear Nancy, I work in a small outpatient surgery center, usually on the afternoon shift. I.. Nancy Brent replies- Dear Simone, You did not indicate if you were indeed fired, but the situation is an example of how important it is to handle narcotics as required by law and by facility policy. D... 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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