Nursing Law & Order

Self-Employed Nurses

I received a phone call from a nurse who is involved in medical aesthetics and wanted to know his legal boundaries of practice.

Are you a self-employed nurses? If so, congratulations on the move to self-employment!!

As a self-employed nurse you may have practice concerns that arise and you may need legal counseling and advising. A state regulatory board (Nursing Board, Medical Board, Pharmacy Board, etc.) cannot provide you with legal advice related to your specific situation and individual factual scenario.

As a business owner, you may need assistance from an accountant for financial issues, from an insurance broker for the different types of insurance available, and from an attorney for legal representation, counseling, and advising.

Nursing professional associations including national, state, and specialty nursing associations can provide information and guidance to self-employed nurses however the associations generally do not provide legal advice, counseling, and representation. A few nursing professional associations offer workplace counseling and advising. This is not legal counseling and advising.

You can also network with other self-employed nurses in your specialty area to obtain information and ideas on how to resolve issues and problems that occur in practice. However keep in mind, for legal advise you must consult with and retain the services of a licensed attorney in your jurisdiction.

No one likes to pay money for professional services and there is always something else you would like to do with your money, right? I cringe when I visit with my accountant even though I have worked with him since 1999 and trust his financial advice and counseling. Paying for professional services is a cost of doing business when you are self-employed nurse.

What are your thoughts?

Fairness in the Workplace

Is it possible to have fairness in the workplace for nurses when it involves investigations? A nurse contacted me after she was suspended without pay for requesting an investigation of an altercation between between the nurse and her immediate supervisor.

I suggested the nurse start with a review of the employee handbook which should delineate the policy and procedures related to investigations, disciplinary action, and corrective action in the workplace?

What is fairness in workplace disputes? Is it being notified of the allegations and being afforded with a meaningful opportunity to respond to the allegations? Is more or less required in facility investigations?

As a nurse, your license to practice nursing is yours to take with you when you begin employment with a particular facility and when you terminate your employment with a particular facility. In addition to inquiring about wages, benefits, staffing, nurse-physician relations, and other workplace issues, should nurses inquire about the process and procedure involved in the resolution of workplace disputes when evaluating employment options? 

Legal Issues in Nursing Education

I am attending the Michigan League for Nursing conference in Detroit on Tuesday. Linda Christensen, R.N., M.S.N., J.D., who is the dean of Nursing for Clarkson College in Omaho, Nebraska and an attorney is speaking for a full day on legal issues in nursing education.

There are lots of legal issues in nursing education ranging from state board of nursing criteria for nursing education to providing student nurses with due process prior to expulsion from a program. I am looking forward the full day event.

Speaking of legal issues in nursing education, do you receive enough education in nursing school on the law, legalities, and legal issues associated with nursing practice?