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Brent's Law NEWS
Was I right to refuse to give meds earlier than due?
Question: Dear Nancy, I was working night shift as the medication nurse on my unit. When it came time to give meds early in the morning I was told to give medications like Synthroid and Prilosec at 7:30 a.m., but I refused because they were not due until 9 a.m. My charge nurse told me to give these medications and went back to report to the oncoming shift that I would not be giving these medications. Was I right in...READ MORE »
Is overtime pay for RNs required at a privately owned facility?
Question: Dear Nancy, I am working as a nurse in two privately owned dialysis clinics. One of the clinics is opened for treatments Monday, Wednesday and Friday. The other is opened for treatments Tuesday, Thursday and Saturday. Both clinics are owned by the same person. Most of the staff work, or are required to work, five to six 10-hour days per week. We receieve paychecks from each clinic. We do not receive...READ MORE »
What can I do to make a facility where I worked for a brief period safe for patients? How can I defend my good reputation?
Question: Dear Nancy, I started with a new employer and was sickened by what I saw. There were numerous, systemwide deviations from multiple Joint Commission standards, OSHA standards and huge HIPAA violations. Concerned for my community and wanting to shed light on obvious oversights, I brought each to the attention of my superior as well as the department heads involved as we were instructed during orientation. My...READ MORE »
What can an RN do if singled out to float to other units?
Question: Dear Nancy, I have been employed at a facility since 1995 as an LPN. I resigned as unit manager, but now feel I have been singled out to float to other units as other qualified RNs have not been asked to do so. Benjamin Nancy Brent replies: Dear Benjamin, It sounds as though you have been a long-standing employee and your clinical skills are highly regarded. Perhaps this is one reason why you are being...READ MORE »
Is it legal for a nurse to test fellow employees for TB per a state mandate, but without a doctor's order?
Question: Dear Nancy, I work for a therapeutic group home, where all employees are required under the state law to have annual PPD tests for tuberculosis screening. The RN of the group home administered the PPD tests and read them for the employees. However, there is no doctor's order for the test and no physician or house officer on staff. The nurse has been trained and certified by the health department in...READ MORE »
Should I report a physician who screams at me and makes it difficult for me to practice to the medical board?
Question: Dear Nancy, I am an NP working in a small clinic/hospital/ER. There are two physicians; a father and his daughter, who was recently hired. The original physician has exhibited abusive behavior toward me on two occasions; both in front of our CEO who was relatively new at the time but has since resigned. This physician is trying to get me fired, which the CEO admitted. None of the allegations have been...READ MORE »
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 »