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Brent's
Law State nurse practice acts are for students too. If you haven’t read Brent’s Law in the Ask the Experts section of Nursing Spectrum online, you don’t know what you’re missing. Actually, you can see some of what you’ve been missing in the questions below. Nancy J. Brent, RN, MS, JD, tackles your toughest legal dilemmas and offers valuable information. Log on today at www.nursingspectrum.com and ask your question!
Are the roles, duties, and responsibilities of student nurses doing “clinicals” at a hospital covered by the state nurse practice act, or does the state nurse practice act apply only to nurses who are already RNs? Evelyn Dear Evelyn, A state nurse practice act applies to both student nurses in their clinical rotations as well as those who are already licensed under the act. In fact, a careful review of the act and regulations in your state will reveal how much information there is included in the act and the rules governing nursing students and their entire educational program, including clinical rotations. Some of the areas included in nurse practice acts and their rules may be nursing board-approval procedures for new or changing nursing education programs, requirements for faculty in nursing education programs, faculty-student ratios in the clinical areas, and curriculum and content requirements for RN and LPN education programs. Other sections of the act and rules also apply to students in the clinical area and otherwise. For example, the definition of nursing practice, requirements for applying for licensure, the prohibition of using the title “RN” or “LPN” without a license, and the mandate that no one can practice as an RN or LPN without a license except in certain circumstances, such as during a student’s clinical rotation that is a part of his or her nursing education program. Because the nurse practice act and its rules are essential information to both the student nurse and the practicing nurse, student nurses should be exposed to and taught about the act and its rules consistently throughout their educational experience. Knowledge about the legal issues and ramifications of licensing acts is a professional responsibility. It allows the student to comply with the act and rules during his or her educational experience and continue that compliance once the state board is passed and the RN or LPN license is issued. Sincerely, Dear Nancy I know of a nurse who has falsified her résumé and misleads others about her experience, giving advice on issues in which she has no experience and taking credit for things she has not done. Is falsifying a résumé against any law, or just ethically wrong? Pat Dear Pat, There is no question that falsifying a résumé and misleading others, either verbally or on paper, is ethically wrong. The American Nurses Association’s Code for Nurses with Interpretive Statements (2001), clearly requires under Provision 5 that the nurse “owes the same duties to self as to others, including the responsibility to preserve integrity and safety, to maintain competence, and to continue personal and professional growth.” The comments that follow, specifically 5.1-Moral Self-Respect-states, in pertinent part, “... Self regulating duties refer to a realm of duties that primarily concern oneself and include ... preservation of wholeness of character, and personal integrity.” The preservation of integrity portion of Provision 5, which is 5.4, discusses falsification of records among other situations practicing nurses face and to which the provision applies. In addition to being ethically inappropriate, falsification of a résumé and misleading comments about oneself can be legally problematic as well. To start with, should this conduct be reported to the state board of nursing, a disciplinary action may be initiated against the nurse licensee for, as one example, “unprofessional conduct.” Secondly, should the falsification and misleading comments result in a patient injury or death due to the nurse being placed in a patient care situation in which he or she is not actually experienced, liability under a professional negligence theory may result. There is never any room in professional practice for false and misleading comments about one’s skills. Personal integrity and one’s professional reputation must be protected at all costs because, in the end, it is the most valuable asset one has. If misrepresentation and falsification occurs once in a nurse’s career, the result is that the nurse can not be trusted to speak truthfully about any situation, including the care given to patients. If a nurse is aware that another nurse is engaging in such conduct, the nurse should carefully consider sharing this knowledge confidentially with certain individuals within the facility, such as the nurse manager, the chief nurse officer, and/or risk management. Additionally, there may be an obligation under the state nurse practice act to report this conduct to the board of nursing. Attempting to rectify it within the facility may result in a resolution. If not, consulting with a nurse attorney or attorney in your state who is familiar with nursing practice and its regulation can help you decide how to proceed with this information about the nurse, if you decide to do so. Cordially, Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Chicago. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed. Names may have been changed to protect privacy. To comment on this story, send e-mail to editorca@nurseweek.com. |