My maternal grandfather is in the hospital and I have been silent with blog posts this week. He is doing better now but I tell you, there is a reason why health care license defense and nursing license defense attorneys are so busy defending licensed health care professionals before health care regulatory boards.
In my law practice this has been a very busy week also with scope of practice inquiries, drug diversion inquiries, practice deficiencies inquiries, and good and old fashion criminal conviction inquiries from prospective clients and consultations. Its all Nursing Law & Order here baby!
I spoke with a nurse whose employer knows the nurses are practicing outside the RN scope of practice but for business necessity is allowing the practice to continue. Wow! As a LPN or RN you are responsible for knowing the legal parameters of your nursing practice and you are accountable for your own behavior. If you are willing to accept the risks because you want to keep your job and you don't want to "rock the boat" then that's fine. But when the defecation hits the ventilation, don't be surprised by the actions of your employer.
In my 9 years of license defense I have NEVER had an employer pay for the legal representation of a nurse before the State Nursing Board with my law practice. NEVER EVER. Are you practicing in NEVER EVER LAND? The majority of us are nurses are practicing in NEVER EVER LAND.
* You are if you don't have your own professional liability insurance policy with a license defense benefit.
* You are if you think your employer "has your back" and your best interest at heart
Most nurses are employed at-will and these health care employers will term you faster than you can change your socks regardless of whether you have worked at a facility for 1 year, 5 years, or 20 years.
If one more person says to me, I thought I was covered by my employer's insurance, I may slap the person. Oh snap, I can't do that because I would have a criminal case and then have to self-report the criminal conviction to the Ohio Nursing Board in 2011 and my law licenses would be investigated. I will keep my hands to myself and you should also:) We are nurses and we want to follow the law don't we? Nursing Law & Order not Nursing Law & Disorder.
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