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Legal question.......



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Jun 26, 2005 09:40 AM

Legal question.......

by allele

Hi everyone!! I'm posting this on Legal Nursing and General Nursing, just to get a bigger audience. I have a quick question. When we take a telephone order or verbal order we usually write out the order, then end it with TORB/VORB Dr. So-and-so/J. Doe, RN...............right? Recently I found an order where a nurse basically squeezed in her order to transfer a patient to us with the order the doctor himself wrote and signed, and never signed her own name to it. I'm not looking to report this girl, I just want to know if there's an actual law saying you can't do this? I tried looking under the board of nursing website of the state I work in (NH) and couldn't find anything, but I think I just don't know how to look. If it turns out this IS against the law, I just want to make sure the unit director makes a general announcement to everyone that this can't be done. I know I've seen it before, I just figure something had better be done before we find ourselves in trouble. Thanks for any help!!


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3 Comments
No. 1
from GigLs2u
Old Jul 16, 2005, 02:36 AM

Default Squeezing Order above MD signature
You should report the occurrance including patient name, date, and what she wrote to your supervisor expressing your concern as to how this puts the hospital/facility at risk for legal ramifications especially if found by state auditors or attorneys.

I can already hear attorney arguments in my head just thinking about what was done.

This is illegal and excedes the scope of her nurse practice act. In addition, you should let the nurse know this concerns you because it is something reportable to the state board of nursing.

Keep in mind, now that you have knowledge of her practice, you are as accountable under your nurse practice act.

If for example, the doctor told her to "just squeeze it in" that is another story. She still should not have done it because it is not acceptable nursing practice.

Sincerely,
Joy


Originally Posted by allele
Hi everyone!! I'm posting this on Legal Nursing and General Nursing, just to get a bigger audience. I have a quick question. When we take a telephone order or verbal order we usually write out the order, then end it with TORB/VORB Dr. So-and-so/J. Doe, RN...............right? Recently I found an order where a nurse basically squeezed in her order to transfer a patient to us with the order the doctor himself wrote and signed, and never signed her own name to it. I'm not looking to report this girl, I just want to know if there's an actual law saying you can't do this? I tried looking under the board of nursing website of the state I work in (NH) and couldn't find anything, but I think I just don't know how to look. If it turns out this IS against the law, I just want to make sure the unit director makes a general announcement to everyone that this can't be done. I know I've seen it before, I just figure something had better be done before we find ourselves in trouble. Thanks for any help!!
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No. 2
from justmanda
Old Aug 01, 2005, 03:35 PM

Originally Posted by GigLs2u
You should report the occurrance including patient name, date, and what she wrote to your supervisor expressing your concern as to how this puts the hospital/facility at risk for legal ramifications especially if found by state auditors or attorneys.

I can already hear attorney arguments in my head just thinking about what was done.

This is illegal and excedes the scope of her nurse practice act. In addition, you should let the nurse know this concerns you because it is something reportable to the state board of nursing.

Keep in mind, now that you have knowledge of her practice, you are as accountable under your nurse practice act.

If for example, the doctor told her to "just squeeze it in" that is another story. She still should not have done it because it is not acceptable nursing practice.

Sincerely,
Joy
Or you could just forego reporting her to your supervisor (who probably is required to report her to the nursing board or fire her for fraud) and talk to her nurse to nurse "You might want to rethink squeezing in MD orders on a chart...some nurses would really love to fry you for that. Protect your license" I think that would be the better way to go, don't you think?
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No. 3
from allele
Old Aug 01, 2005, 08:55 PM

Originally Posted by justmanda
Or you could just forego reporting her to your supervisor (who probably is required to report her to the nursing board or fire her for fraud) and talk to her nurse to nurse "You might want to rethink squeezing in MD orders on a chart...some nurses would really love to fry you for that. Protect your license" I think that would be the better way to go, don't you think?
Thanks!! This is basically what I ended up doing. There were other issues with the transfer anyway that I really had to bring up to my director, so I mentioned the verbal order that was squeezed in under the docs name and just suggested that maybe someone should make sure the nurse in question realizes this isn't legal. I certainly didn't want her fired, she's a good clinical nurse, just REALLY rotten with paperwork!! Anyway, she's still there and hopefully it was a learning experience for her. Thanks for all the responses!
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