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.
I have been working as a staff RN for seven years and I'm now interested in case management. Where and how do I get the training I need for this specialty?
Nancy Brent replies- Dear Octavia, Congratulations on your decision to take a new career path. Case management has lots of possibilities, and now is a great time to explore this option. There are many... read more
I lost my job after I told my employer I had multiple sclerosis. Can you tell me how I can get some vocational rehabilitation so I can become a legal nurse consultant?
Nancy Brent replies- Dear Nell, Your question raises a lot of additional ones that can only be commented upon here. To begin with, what happened that you lost your job after you disclosed your diagnos... read more
I was reported to the board of nursing because of a positive drug test, but I have never taken these drugs. Do I explain myself to the board, or do I need legal advice?
Nancy Brent replies- Dear Neal, It would be in your best interest to retain a nurse attorney or attorney to represent you in this matter. Although you state you never took the drug that tested positiv... read more
Our supervisor told us to spike and hang an antibiotic, but leave it for the certified nursing assistant to start. I am uncomfortable with this. Is this legal?
Nancy Brent replies- Dear Paige, The situation described in your question left out some important details. For example, what is your role at the facility? Are you an RN, an LPN or an unlicensed assist... read more
Is there any way that I can get disciplinary actions taken off my RN license?
Nancy Brent replies- Dear Abbott, Whether or not any disciplinary actions and/or fines and/or probations can be expunged depends upon the state where you practice. Some states do allow for expungement... read more
Even if the policy is no punishment if filled out properly, can error reports someday be harmful to my career?
Nancy Brent replies- Dear Fabia, Your description of the "medication error reports" sounds like incident/occurrence reports that have been in existence for a long, long time. Incident/occurrence repor... read more
Can a director of nursing at a home healthcare agency be charged with patient abandonment if they resign on the spot?
Nancy Brent replies- Dear Michelle, What constitutes patient abandonment in your state is probably reviewable by reading your nurse practice act and its rules. Many nurse practice acts specifically de... read more
Are RNs allowed to pronounce a patient deceased or must it be a physician or emergency personnel?
Nancy Brent replies- Dear Leslie, It is difficult to understand why the hospice nurse could not come for four to five hours after the call informing them of the death of one of their patients. However... read more
Date: Nov 28, 2012 | Nancy Brent
Question - Dear Nancy, I have been working as a staff RN for seven years and I'm now interested in ca.. Nancy Brent replies- Dear Octavia, Congratulations on your decision to take a new career path. Case management has lots of possibilities, and now is a great time to explore this option. There are many... read more
I lost my job after I told my employer I had multiple sclerosis. Can you tell me how I can get some vocational rehabilitation so I can become a legal nurse consultant?
Date: Nov 26, 2012 | Nancy Brent
Question - Dear Nancy, I am a certified registered nurse anesthetist who lost my job after I told my .. Nancy Brent replies- Dear Nell, Your question raises a lot of additional ones that can only be commented upon here. To begin with, what happened that you lost your job after you disclosed your diagnos... read more
I was reported to the board of nursing because of a positive drug test, but I have never taken these drugs. Do I explain myself to the board, or do I need legal advice?
Date: Nov 23, 2012 | Nancy Brent
Question - Dear Nancy, I was reported to the board of nursing because of a positive drug test, but I .. Nancy Brent replies- Dear Neal, It would be in your best interest to retain a nurse attorney or attorney to represent you in this matter. Although you state you never took the drug that tested positiv... read more
Our supervisor told us to spike and hang an antibiotic, but leave it for the certified nursing assistant to start. I am uncomfortable with this. Is this legal?
Date: Nov 21, 2012 | Nancy Brent
Question - Dear Nancy, Our supervisor told us to spike and hang the antibiotic, but leave it for the .. Nancy Brent replies- Dear Paige, The situation described in your question left out some important details. For example, what is your role at the facility? Are you an RN, an LPN or an unlicensed assist... read more
Date: Nov 19, 2012 | Nancy Brent
Question - Dear Nancy, Is there any way that I can get disciplinary actions from 1994-2005 taken off .. Nancy Brent replies- Dear Abbott, Whether or not any disciplinary actions and/or fines and/or probations can be expunged depends upon the state where you practice. Some states do allow for expungement... read more
Even if the policy is no punishment if filled out properly, can error reports someday be harmful to my career?
Date: Nov 16, 2012 | Nancy Brent
Question - Dear Nancy, No matter how small the error, our company requires that we fill out medicatio.. Nancy Brent replies- Dear Fabia, Your description of the "medication error reports" sounds like incident/occurrence reports that have been in existence for a long, long time. Incident/occurrence repor... read more
Can a director of nursing at a home healthcare agency be charged with patient abandonment if they resign on the spot?
Date: Nov 14, 2012 | Nancy Brent
Question - Dear Nancy, Can a director of nursing at a home healthcare agency be charged with patient .. Nancy Brent replies- Dear Michelle, What constitutes patient abandonment in your state is probably reviewable by reading your nurse practice act and its rules. Many nurse practice acts specifically de... read more
Are RNs allowed to pronounce a patient deceased or must it be a physician or emergency personnel?
Date: Nov 12, 2012 | Nancy Brent
Question - Dear Nancy, My sister's father-in-law died at home. The hospice nurse was called at 10 a.m.. Nancy Brent replies- Dear Leslie, It is difficult to understand why the hospice nurse could not come for four to five hours after the call informing them of the death of one of their patients. However... 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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