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Brent's Law NEWS
Do nurses need to get their own liability insurance, or is an employer's insurance enough?
Question: Dear Nancy, I am an experienced nurse but outside of the U.S. I just started working as RN in the U.S, and I am very concerned about legalities in my work because in the country I am from nurses are not required to have malpractice insurance. Do I need to get my own insurance, or is my employer's insurance is enough? Janette Nancy Brent replies: Dear Janette, The question about whether to carry one's own...READ MORE »
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?
Question: Dear Nancy, I was placed on three years of probation and completed all board requirements. I was told my license will show up on the board website as "removal of restrictions." Are all restrictions automatically removed? Do I need to hire an attorney to see about the return of my license at the completion of my probation? Michela Nancy Brent replies: Dear Michela, You should be commended for successfully...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?
Question: Dear Nancy, I was denied licensure due to a DUI six years ago. I have requested an appeal. What is the proceeding that will follow? Should I seek representation? Sharon 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 first step in such a process (e.g., an...READ MORE »
Is it a HIPAA violation to chart while you're technically off the clock?
Question: Dear Nancy, Is it a HIPAA violation to chart while you're technically off the clock? Many RNs clock off but do paperwork either after work time or before their shift starts. Would accessing records while you're not technically on duty be a violation? Reese 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...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?
Question: Dear Nancy The nurses on my stroke rehab unit have been told that we must give end-of-shift report in the patients' rooms, most of which are doubles. At 3:30 in the afternoon, many patients have visitors. We've been told to pull the curtain between beds and ask visitors to leave while we give report. What is permitted to be verbally reported in this manner under HIPAA rules? Bryan Nancy Brent replies: Dear...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?
Question: Dear Nancy, I hold an RN license but have not worked in nursing for 20 years. I am a certified phlebotomist and ECG tech and have been applying for tech positions but my RN license is preventing employers from hiring me. What can I do? MaryJo 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...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?
Question: Dear Nancy, I work in a pediatric ED attached to an adult hospital. We are certified nurses with specific competencies and qualifications. The administration dropped two nursing positions. They want us to flex our hours and work other departments we are not qualified to work in, such as adult emergency with stroke alert, cardiac code heart patients and psych intake. They will not pay for us to gain these...READ MORE »
Can an RN who wants to dispute a positive drug test before the board of nursing do so alone?
Question: Dear Nancy, I was turned into the board of nursing for a positive drug test, but I have never taken these drugs. Do I explain myself to the BON or do I need legal advice? I am working on getting a license in another state and planned to let my current license lapse in October before I even knew a complaint had been filed. I am terrified I am going to lose my license. Esther Nancy Brent replies: Dear...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?
Question: Dear Nancy, 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? I have met all of the criminal and civil penalties as well as have had my RN credentials restored by the state. Molly Nancy Brent replies: Dear Molly, Although you did not give any details about your situation, some general comments can be made. Despite...READ MORE »
What can a new RN applicant do to help herself get an RN license if terminated from LPN position for violating the dignity of a patient?
Question: DN31115 ASAP Dear Nancy, I am a licensed LPN and pending RN applicant. I have been licensed as an LPN for about 20 months. Recently, I was terminated from my employer for violating the dignity of a patient and was reported to the state. I have always considered myself a patient advocate and made a gross error in judgment by writing on a resident's dressing communication for the other nursing staff on the...READ MORE »
Is there any legal recourse for experienced RNs who were fired or forced to resign because of high salaries?
Question: Dear Nancy, Is there any legal recourse for experienced RNs who were fired or forced to resign due to management trying to get rid of the nurses earning higher salaries? Twelve nurses in one year, in the same department, all with 10 or more years of experience and pensions were let go. Over the course of the year, all were counseled for minor or made up infractions, and threatened with firing. Replacement...READ MORE »
Could an RN who was in the ED with chest pain at the facility where she works get in trouble for asking a colleague to look up her lab work?
Question: Dear Nancy, I was in the ED at the hospital where I work because I was having chest pain. While i was waiting, I called one of the RNs on my floor and asked her to look up my lab work. She did and she reported the results to me. In the meantime, everyone on my floor was concerned about me. Our new clerk took it upon himself to look up my information and announced the name of my doctor to several witnesses...READ MORE »
Is mandatory overtime for nurses legal?
Question: Dear Nancy, Is mandatory overtime for nurses legal? JoEllyn Nancy Brent replies: Dear JoEllyn, Mandatory overtime has been, and still is, a very controversial issue. When mandatory overtime exists, research has indicated it contributes to nursing staff fatigue, potential patient care mistakes and potential injuries to nursing staff as well. You can read the research and nursing association positions on...READ MORE »
What can I do if I think a former employer is preventing potential employers from hiring me?
Question: Dear Nancy, What can I do if I think a former employer is preventing potential employers from hiring me? Lois Nancy Brent replies: Dear Lois, You didn't include any details about why you think your former employer is preventing potential new employers from hiring you. Thinking the former employer is doing or saying something to prevent you from being hired isn't going to get you a resolution. You need...READ MORE »
Can self-employed LPNs do wound and ostomy care on their own, or do they need orders from a doctor?
Question: Dear Nancy, I am an LPN and would like to be self-employed within the scope of my nursing practice. I have read the nurse practice act, but still have a couple of questions. I would like to perform wound care, can I do that with just a doctor's order? Can I do ostomy care on my own, or do I need orders from a doctor? Heather Nancy Brent replies: Dear Heather, Your ability to practice as a self-employed LPN...READ MORE »