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Brent's Law NEWS
How can I get a fine removed for allowing my RN license to lapse while working as a health and medical teacher?
Question: Dear Nancy, My nursing license lapsed, and I was working as a health and medical teacher. I was fined for working without a license. How can I have this removed? I can't afford to pay the fine. Suzanne Nancy Brent replies: Dear Suzanne, You did not indicate how long you were practicing with a lapsed license but you may be able to reduce the amount you were fined based on any mitigating factors. You will...READ MORE »
How do I get my license back after losing it for marijuana possession?
Question: Dear Nancy, I stopped working in 2004. Since then I lost my license after I was arrested for marijuana possession and I eventually was conditionally discharged after six months of probation. I paid a lawyer to have it expunged from my record. I was using the marijuana for pain management of my rheumatoid arthritis and fibromyalgia. How do I get my license back now? Also I am on Ultram now, so would...READ MORE »
Is it iIlegal to stick someone more than three times when attempting to access a peripheral vein?
Question: Dear Nancy, Is it iIlegal to stick someone more than three times when attempting to access a peripheral vein? My home health supervisor informed me of this the other day. Kay Nancy Brent replies: Dear Kay, A brief review of nursing practice in relation to accessing a peripheral vein did not yield any information concerning your question. Could it be this protocol is one established by your home health...READ MORE »
Could information about past DWIs block me from becoming a nurse? How far back can the BON look into my history?
Question: Dear Nancy, I am a BSN graduate who is going to take the N-CLEX soon. I was contacted by the board of nursing about past DWIs. They are requesting information about the treatment centers I was at in the past. My last DWI occurred in 2008. I have been sober ever since. Do you know what type of information could block me from becoming a nurse or how far back the BON can look into my history? Claudia Nancy...READ MORE »
What are the legal issues for a nurse who requires a translator to teach home health aides or during patient home visits?
Question: Dear Nancy, Given a nurse who requires a translator to teach a home health aide class; if the student was to do something wrong, how would the nurse be able to prove that it was not translated correctly? Also, when doing home visits, when the nurse must rely on translation, what are the legal issues? Samantha Nancy Brent replies: Dear Samantha, Although the response to your questions is well beyond the...READ MORE »
How can a nurse with stipulations on his license for an error in reporting get an interview and a job?
Question: I was fired from the ICU I had worked in for six years for an error in reporting. The patient's doctor was angry that I took orders from my supervising doctor, so he reported me to the board. I could not afford representation and was not poor enough to get free representation, so I got two years of stipulations. I managed to keep a job for 14 months, but with 10 months to go, it looks like I am going to be...READ MORE »
What are my options if I do not get an educator position at the facility where I work even though I'm well qualified for the job?
Question: Dear Nancy, I have been employed by an organization for more than 20 years and have always had excellent evaluations. I have been the educator for my unit for past six years. I orient new employees and mentor students. This educator position is not formally described anywhere. Recently an actual educator position was posted, which would serve two different areas. I applied last week. I have not heard...READ MORE »
Is there any legal action that can be taken against a physician and a nurse for an affair that occurred off the clock?
Question: Dear Nancy, Is there any legal action that can be taken against physician and a nurse for affair that occurred off the clock? What actions can be taken against both? Umbertina Nancy Brent replies: Dear Umbertina, It is a little unclear what you are asking in your question. Initially, it is unclear if you are asking this question as an individual who wants to take some sort of legal action against the...READ MORE »
What rights do nursing home staff members have when a patient strikes them or makes a false accusation?
Question: Dear Nancy, I know patients have rights, and working in a nursing home we get some complaints from patients, which causes a health department investigation. What rights does the staff have when a patient strikes them or makes a false accusation? Avery Nancy Brent replies: Dear Avery, When a nurse is falsely accused of conduct by a resident, the nurse needs to quickly check the established policies and...READ MORE »
Does an RN have the right to access the chart of a discharged neonate if being subpoenaed by the DA in a case against the parents?
Question: Dear Nancy, Does an RN have the right to access a chart of a discharged neonate? The district attorney is planning to subpoena the RN for a criminal case against the parents. Does she have a right to request legal representation from the hospital when speaking to the DA? Lucy Nancy Brent replies: Dear Lucy, It sounds as though there are serious charges being alleged against this neonate's parents. It is...READ MORE »
Can a physician legally refuse to sign off on his verbal orders to an RN?
Question: Dear Nancy, Can a physician legally refuse to sign off on his verbal orders to an RN? Faye Nancy Brent replies: Dear Faye, You provided no details concerning how or why a physician would refuse to sign off on a verbal order to an RN, so some general comments will be made. Your facility should have a policy and a procedure for verbal orders to be taken by an RN such as, under what circumstances a verbal...READ MORE »
What can an RN do when charged of taking a patient's property by the BON because of a false accusation about wasting a patient's medication?
Question: Dear Nancy, I am being investigated because a nurse I work with said she saw me waste a narcotic, but later reported she didn't see me waste it The board of nursing is now charging me with diversion and taking a patient's property. I have no chemical issue nor have I ever had a urine screen positive. What do I do? I submitted a five-page explanation to my employer. Joe Nancy Brent replies: Dear Joe, In...READ MORE »
Can a nurse on disability for several months file for unemployment benefits if her employer hired a replacement?
Question: Dear Nancy, After working for 13 months for an oncology practice, I needed to have my knee scoped and was put on disability for one month. Thirteen days post op the knee became severely infected requiring another hospitalization followed by home nursing care. I have been out on disability for four months and will be having a total knee replacement in two months. My company has hired a replacement for my...READ MORE »
Does a nurse need a medical order to collect a urine sample for a drug screening test?
Question: Dear Nancy, Do I need a medical order to collect a urine sample for a drug screening test? Moria Nancy Brent replies: Dear Moria, Your question lacks any details to help with a response. So, some general comments will be made. The setting in which you work might make a difference in obtaining a urine specimen for a drug test without a medical order. For example, if you work in a chemical treatment program,...READ MORE »
Can the BON take my license away for abandonment even if the agency owner said I could leave my post before the relief nurse showed up?
Question: Dear Nancy, I worked for a home care agency on a 7 p.m. to 7 a.m. shift. I was asked to stay until 8 a.m. one day. I agreed to stay, but said I would need to leave at 8 a.m. for an appointment. When 8 a.m. came, the nurse scheduled to relieve me was not on duty, so I called the staffing agency. An agency rep called me back and said she spoke with the owner of the company and was told it would be OK for me...READ MORE »