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Brent's Law NEWS
Should an RN, who took a nurse biller position, but who has been asked to pinch hit on the clinical side, get RN staff nurse pay for clinical hours?
Question: Dear Nancy, I had been working as a clinical nurse in endoscopy for 15 years, and I've been in nursing for 40 years. About 18 months ago, I started a new job in endoscopy as a nurse biller, which I love. I still wear scrubs because I need to observe procedures to keep up with new supplies. I was asked to cover three renal biopsy cases in our unit because of staffing issues. I was happy to help them out,...READ MORE »
Should an RN, who was fired from a physician's office for taking a patient's monetary gifts, accept the fine and offer from the state board?
Question: Dear Nancy, I have been an LPN for 30 years. In March, I was terminated from a physicians' office owned by a hospital for accepting gifts from a couple who had been patients for 10 years. Frequently, the couple brought baked goods or snacks to office for the staff then began bringing me small pieces of costume jewelry and stuffed animals. They gave me monetary gifts on special occasions the next year. The...READ MORE »
What legal ground do I have to refuse to participate in a non-agreeable practice of handling medical information?
Question: Dear Nancy, I am an occupational RN working for a large metropolitan hospital, but I work at an off-site location as I am contracted to complete physical exams for a major company. Part of the record-keeping process is to maintain records for the company at that medical site and to have the original copies maintained at their general offices. There are only two copies made, so one can be filed at each...READ MORE »
What is the best way for other employees to deal with an RN supervisor dating another employee under his/her direct supervision?
Question: Dear Nancy, If a nurse is in a supervisory position, is it not illegal and unethical to date another employee under your direct supervision? There have been times when other employees have been making comments about one female supervisor to her boyfriend because they are not aware of their ongoing relationship. This is leading to retaliation in the form of bad evaluations, assignment and scheduling. What...READ MORE »
What should an RN with several DUI convictions do if he/she has completed a state assistance program but not reported offenses to BON?
Question: Dear Nancy, I have had several DUI arrests and convictions, all of which were misdemeanors. I self-reported to the Oklahoma PEER assistance program and successfully completed it. I have been sober for three years. The problem is I have never reported these offenses to the board as self-reporters to PEER don't get involved with the board. I know this is a violation, but I am terrified they will suspend or...READ MORE »
Is it feasible to work as both a nurse and a lawyer? I am an RN but want to be a lawyer too.
Question: Dear Nancy, I am an RN, but I want to be a lawyer too. I have thought about law school since before nursing school. I don't plan on giving up my nursing career, I would want to work as both. Is that feasible in your opinion? I'm at a crossroads now to either become a nurse practitioner or go to law school. I just started researching law school and it's overwhelming. I want to be a lawyer because I like to...READ MORE »
Is there a law to protect employees with chronic health conditions from being fired due to absences or having to leave work early?
Question: Dear Nancy, I have been working at a dialysis facility for almost 23 years, and I have had chronic migraines for almost as long. The condition is getting worse, and I am missing a lot of time from work. I even ran out of sick time this year and am now calling in sick without pay. Everyone in my facility is aware of my condition, but there are times when I have to go home in the middle of the day because I...READ MORE »
If a patient admitted to the hospital is accompanied by a minor child, what is the nurse's versus the hospital's liability for the child?
Question: Dear Nancy, If a patient admitted to the hospital is accompanied by a minor child, what is the nurse's versus the hospital's liability for the child? I always request the patient arrange for somebody to pick up the child, or at least have another adult present who can take responsibility for the child, but occasionally it is not possible. The most recent incident involved a man having an appendectomy, and...READ MORE »
What is the liability for an NP functioning as an RN?
Question: Dear Nancy, I am a palliative care NP. I was told I will not be a palliative care NP at this time due to visiting nurse RN shortages. Instead I will go to patient's homes and function as the RN. I was told I will not function as an NP in this role. What is the liability for an NP functioning as an RN? Alicia Nancy Brent replies: Dear Alicia, The liability you face as an NP practicing as an RN can be...READ MORE »
What are some options for RNs who are asked to work in departments in which they are not qualified to work?
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 and they want us to work flex hours and work other departments we are not qualified to work in such as adult ED with stroke alert, cardiac code heart patients and psych intake. They will not pay for us to gain these...READ MORE »
When is a task a medical task versus a nursing task? If an RN trains UAPs on tasks, does the RN become the respondeat superior?
Question: Dear Nancy, When is a task a medical task versus a nursing task? I am unclear as to how this effects the delegation process. I am an RN. I am being asked to only train and not supervise a task (ie tube feeding, oral suctioning, etc). in the school setting. I am being told the physician is delegating directly to unlicensed assistive personnel in the school although I am providing the training and...READ MORE »
Can an RN who stopped working 14 years ago due to prescription medication abuse and diversion hope to work as an RN again?
Question: Dear Nancy, I stopped practicing in 2000 due to prescription medication abuse and diversion. My license was suspended. I am trying to return to the profession after a lot of soul searching and coming to terms with what happened. Do you have any advice for me? Maxine Nancy Brent replies: Dear Maxine, Re-entry into the workforce is always a challenge. This is especially so after a lot of time has passed...READ MORE »
What can an RN do if she feels emotionally harassed by a doctor?
Question: Dear Nancy, What can an RN do if she feels emotionally harassed by a doctor? Kara Nancy Brent replies: Dear Kara, No worker should have to withstand harassment, whether emotional or otherwise, from a co-worker, a physician or any other staff member or employee. You did not share the kind of emotional harassment the physician is causing you to suffer, but it should not be happening. The Equal Employment...READ MORE »
Is it true that once I clock in at work, I am legally responsible to my patients even though I have not been given report on them?
Question: Dear Nancy, My former manager insisted that once I clocked in, I am legally responsible to my patients even though I have not been given report on the assigned patients. Does this make any sense? Marilee Nancy Brent replies: Dear Marilee, Although there may be more to the situation than you describe in your question, generally speaking, once an employee, including a nurse, clocks in for his or her shift,...READ MORE »
What options does an RN have who was terminated from employment while on medical leave and now cannot seem to be rehired at that facility?
Question: Dear Nancy, I was on medical leave for surgery and my doctor extended my leave because of complications. My employer of 17 years terminated me while I was on medical leave, with the understanding that when my doctor released me to go back to work, I would be rehired. I have been applying for a job with my previous employer for three years. I've tried to contact them by phone with no response. What, if any,...READ MORE »