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Joined Mar 14, '04. herring_RN is a retired registered nurse. She has '>40 years' year(s) of experience and specializes in 'Critical care, tele, Medical-Surgical'. Posts: 17,337 (73% Liked) Likes: 35,054

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  • Jan 20

    Since 1964 it has been illegal for an employer to require performance or assistance in an abortion or sterilization procedure.
    I don't think there is a need for new statutes or regulations regarding abortion or sterilization. Education on existing protection is needed for employers, healthcare workers, and the public.

    Regarding treatment of transgender individuals, I think the administration needs to clarify what the conscience protections are.
    I think no one should be forced to participate in surgery or medical treatment for gender change.

    I also believe in my soul that no nurse or other employee should be allowed to refuse to care for a transgendered person needing care for an illness or injury.
    I don't know any nurse who would refuse to care for any patient.

    This was clarified by the United States Senate in 2011:
    https://www.dpc.senate.gov/healthref...althbill18.pdf

    U. S. Code TITLE 42 > CHAPTER 6A > SUBCHAPTER VIII > 300a-7 states:
    Prohibition of public officials and public authorities from imposition of certain requirements contrary to religious beliefs or moral convictions

    The receipt of any grant, contract, loan, or loan guarantee under the Public Health Service Act [42 U.S.C. 201 et seq.], the Community Mental Health Centers Act [42 U.S.C. 2689 et seq.], or the Developmental Disabilities Services and Facilities Construction Act [42 U.S.C. 6000 et seq.] by any individual or entity does not authorize any court or any public official or other public authority to require--
    (1) such individual to perform or assist in the performance of any sterilization procedure or abortion if his performance or assistance in the performance of such procedure or abortion would be contrary to his religious beliefs or moral convictions; ...
    42 U.S. Code SS 3a–7 - Sterilization or abortion | US Law | LII / Legal Information Institute
    Hospitals have repeatedly lost lawsuits regarding this
    Hospital Apologizes to Nurses Who Refused to Assist in Abortion | Mary Ellen Kelly | First Things

  • Jan 20

    January 18, 2018
    Health care workers who want to refuse to treat patients because of religious or moral beliefs will have a new defender in the Trump administration.
    The top civil rights official at the Department of Health and Human Services is creating the Division of Conscience and Religious Freedom to protect doctors, nurses and other health care workers who refuse to take part in procedures like abortion or treat certain people because of moral or religious objections...

    ... Louise Melling, deputy legal director at the American Civil Liberties Union, said those conscience objections could expand to allow health workers to refuse some services to gay, lesbian and transgender people...
    Trump Administration Will Shield Health Workers Citing Religion To Refuse Care : Shots - Health News : NPR

  • Jan 5

    Quote from morte
    find out what law firm represents the hospital in liability issues, have the union start with them. Of course, it should have been reported the first time that it happened..... I know, easier said than done.
    I remember being told that an orthopedic unit was horribly under staffed. one of the nursing assistants filled out an incident report because the nurses could not administer pain medication in a timely manner. She sent the hospital attorney an incident report, a copy of the staffing sheet showing nurses assigned up to 12 patients when the ratio at the time was five or fewer patients per nurse, and a written description of how it distressed her to see patients suffer.
    The next shift the attorney and upper management were on the unit. That is a great idea, that I'd forgotten about.

  • Jan 5

    If ordered to go to lunch I would ask, "Who will take over my patient(s) while I'm at lunch?"
    If there is no one I would say, "I would if I could, but I cannot abandon my patient.'
    If ordered to i would ask with other staff to witness, "Are you ordering me to leave my patients without an assigned nurse?"
    Sometimes they then understand that they are ordering you to violate the Nursing Practice Act and the law.

    Here is an examples of a hospital fined after a patient was harmed due to ratio violations:
    Palomar Medical Center (PDF
    )
    555 E. Valley Parkway, Escondino, CA 820211, San Diego County - The hospital failed to ensure the health and safety of a patient when it did not follow its patient care policies and procedures. This is the first administrative penalty issued to this hospital. The penalty is assessed at $50,000.

    The statement of Deficiency is in the column on the left. The right side has the required Plan of Correction.

    Generally unless a patient is harmed there is no fine. The hospital must provide an acceptable Plan of Correction.

  • Jan 2

    Florida has no state hours worked regulations, but federal law must be followed.

    Unfortunately the Fair Labor Standards Act (FLSA) does not limit the number of hours per day or per week that employees aged 16 years and older can be required to work.
    U.S. Department of Labor - Wage and Hour Division (WHD) - Pandemic Flu and the Fair Labor Standards Act

    If the hours actually worked exceed 40 hours in a week you must be paid overtime. This may discourage your employer from requiring such call time.

    ... Federal law requires that non-exempt employees must receive time and one-half the regular rate of pay after 40 hours of work in a 7-day workweek...
    Health Care Workers - Wage and Hour Division (WHD) - U.S. Department of Labor
    Registered nurses who are paid on an hourly basis should receive overtime pay.
    https://www.dol.gov/whd/overtime/fs17n_nurses.pdf
    I doubt the below exception is your situation:
    The Eight and Eighty (8 and 80) Overtime System
    Under section 7(j) of the FLSA, hospitals and residential care establishments may utilize a fixed work period of fourteen consecutive days in lieu of the 40 hour workweek for the purpose of computing overtime. To use this exception, an employer must have a prior agreement or understanding with affected employees before the work is performed. This eight and eighty (8 and 80) exception allows employers to pay time and one-half the regular rate for all hours worked over eight in any workday and eighty hours in the fourteen-day period. See Regulations 29 CFR 778.601.
    An employer can use both the standard 40 hour overtime system and the 8 and 80 overtime system for different
    employees in the same workplace, but they cannot use both for a single individual employee.
    An employer’s work period under the 8 and 80 overtime system must be a fixed and regularly recurring 14-day
    period. It may be changed if the change is designated to be permanent and not to evade the overtime requirements. If an employer changes the pay period permanently, it must calculate wages on both the old pay period and the new pay period and pay the amount that is more advantageous to each employee in the pay period when the change was made.
    https://www.dol.gov/whd/regs/compliance/whdfs54.pdf

  • Dec 31 '17

    Most ICU nurses are assigned one or two patients. That is all.
    I didn't take the critical care entrance course on my vacation because I wanted to care for the sickest people in town. I wanted a reasonable assignment. Usually I got it.

    I think ALL nurses deserve respect and thanks.
    My favorite phrase is "Thank you nurse."

  • Dec 27 '17

    Most ICU nurses are assigned one or two patients. That is all.
    I didn't take the critical care entrance course on my vacation because I wanted to care for the sickest people in town. I wanted a reasonable assignment. Usually I got it.

    I think ALL nurses deserve respect and thanks.
    My favorite phrase is "Thank you nurse."

  • Dec 23 '17

    Quote from klone
    Are you sure? If so, I imagine it depends on the state. Where I live, RNs can give a local before IV starts (they don't work worth a darn, IMO, but it's within our scope to do it).
    In my state the only RNs who may administer local anesthesia are Certified Registered Nurse Anesthetists.

    Here is a discipline with termination or suspension of a license. One of the accusations is gross negligence/practicing outside the scope of practice for administering local anesthesia.

    http://www.rn.ca.gov/public/rn665334.pdf

  • Nov 15 '17

    Quote from BedsideNurse
    Actually it's a matter of public record that unions take millions of our dollars to support candidates and policies that are not related to nursing and have much to do with supporting the political leanings of union leaders, and it's making a lot of people rich (and surprise-surprise it's not the nurses working on med-surg).

    Right wing or left wing or somewhere in between, it doesn't matter. Regardless of where members stand politically, the use of our money is not made clear to members and there is a reason; it is an absolute racket and many nurses would not support it if they knew how it was used.
    As a conservative person I am very well versed in many of the untrue right wing talking points, but I am also well versed in the lies perpetuated by the left. I am a middle class nurse, mother, wife, my husband is retired military, and I am a conscientious community member, and I would have no interest in being "against the little guy" and "for corporations." I am interested in people and entities actually doing what they say they do--what we are paying them to do--and I don't think union members should be providing a blank check for unions to line the pockets of politicians or support their personal crusades. Quite unfortunately, over time, once protective and vital, unions have morphed into powerful, self serving & money hungry organizations, that (I argue) do little to actually improve the quality of life for nurses. Do I think healthcare corporations can be greedy and put the bottom line above the patients and staff? Absolutely, every day, and it's only gotten worse since I've been a nurse, 22 years now. That being said I feel like, overall, what unions sell is not what unions deliver, and they use our money dishonestly.
    These are my opinions based on life experience, working at union and nonunion hospitals, and looking at what causes and candidates our membership dollars go to (the numbers provided by the unions themselves). Of course, plenty of people disagree with me and will defend unions till the end of the earth, and that's fine with me because we all have the right to our own opinions. It's called agreeing to disagree, and if you are offended by talking points you may want to review your own reply.
    I agree with you regarding SOME unions, but NOT ALL!

  • Nov 15 '17

    Each union is different. They are not all the same.
    My union has a political action committee. No one is required to give to it.
    Most nurses I know have signed up to have $5.00 or $10.00 a pay-period sent to the PAC.
    The reporting makes it seem as though there were no donations over $200.00, but the donors who give ten dollars a pay period donate $240.00 a year in ten dollar increments.
    Most of the money is for transportation for nurses to lobby and/or rally for a cause or candidate.

  • Nov 9 '17

    Quote from Knotanoonurse
    I don't agree with her! There are crazy pts and caregivers out there. In the case of the person refusing a C Section, we must go with her wishes because it is her body BUT it also can lead to a neonatal patient who is severely compromised! Religion causes a lot of problems. I do think the nurse in the Duke case is crazy, but she is not alone!

    How about a Jehovah's Witness who won't give blood to a patient? I worked with one almost 30 years ago on a tele floor.
    I worked with a nurse who wouldn't give blood. She was a wonderful colleague otherwise. Sometimes the assignment was changed. Other times another nurse started and observed the transfusion.
    She would always answer lights, help lift and turn patients, and do whatever she could to help her co-workers.

    In another facility I worked with a Jehovah's Witness nurse who would never accept blood or blood products, but did administer them to her patients.

    Once I cared for a patient with pulmonary edema due to CHF and a GI bleed. She would not accept any blood products. Her BP was very low, but giving normal saline caused her lungs to fill up. We called in her son at 3:00 am. He prayed with his Mom. She had to be intubated and on a ventilator, but somehow survived.
    She was very thankful for the care she received.

  • Nov 8 '17

    It is illegal for a hospital to force an employee to participate in abortion.
    My state nurses association recommends writing a letter to management informing them of your conscience restrictions so they can plan to staff a willing nurse.

    42 U.S.C.
    United States Code, 2011 Edition
    Title 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING PROGRAMS
    §300a–7. Sterilization or abortion
    ... (d) Individual rights respecting certain requirements contrary to religious beliefs or moral convictions
    No individual shall be required to perform or assist in the performance of any part of a health service program or research activity funded in whole or in part under a program administered by the Secretary of Health and Human Services if his performance or assistance in the performance of such part of such program or activity would be contrary to his religious beliefs or moral convictions...
    U.S.C. Title 42 - THE PUBLIC HEALTH AND WELFARE

  • Nov 8 '17

    Quote from Knotanoonurse
    I don't agree with her! There are crazy pts and caregivers out there. In the case of the person refusing a C Section, we must go with her wishes because it is her body BUT it also can lead to a neonatal patient who is severely compromised! Religion causes a lot of problems. I do think the nurse in the Duke case is crazy, but she is not alone!

    How about a Jehovah's Witness who won't give blood to a patient? I worked with one almost 30 years ago on a tele floor.
    I worked with a nurse who wouldn't give blood. She was a wonderful colleague otherwise. Sometimes the assignment was changed. Other times another nurse started and observed the transfusion.
    She would always answer lights, help lift and turn patients, and do whatever she could to help her co-workers.

    In another facility I worked with a Jehovah's Witness nurse who would never accept blood or blood products, but did administer them to her patients.

    Once I cared for a patient with pulmonary edema due to CHF and a GI bleed. She would not accept any blood products. Her BP was very low, but giving normal saline caused her lungs to fill up. We called in her son at 3:00 am. He prayed with his Mom. She had to be intubated and on a ventilator, but somehow survived.
    She was very thankful for the care she received.

  • Nov 6 '17

    It is illegal for a hospital to force an employee to participate in abortion.
    My state nurses association recommends writing a letter to management informing them of your conscience restrictions so they can plan to staff a willing nurse.

    42 U.S.C.
    United States Code, 2011 Edition
    Title 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING PROGRAMS
    §300a–7. Sterilization or abortion
    ... (d) Individual rights respecting certain requirements contrary to religious beliefs or moral convictions
    No individual shall be required to perform or assist in the performance of any part of a health service program or research activity funded in whole or in part under a program administered by the Secretary of Health and Human Services if his performance or assistance in the performance of such part of such program or activity would be contrary to his religious beliefs or moral convictions...
    U.S.C. Title 42 - THE PUBLIC HEALTH AND WELFARE

  • Nov 6 '17

    It is illegal for a hospital to force an employee to participate in abortion.
    My state nurses association recommends writing a letter to management informing them of your conscience restrictions so they can plan to staff a willing nurse.

    42 U.S.C.
    United States Code, 2011 Edition
    Title 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER VIII - POPULATION RESEARCH AND VOLUNTARY FAMILY PLANNING PROGRAMS
    §300a–7. Sterilization or abortion
    ... (d) Individual rights respecting certain requirements contrary to religious beliefs or moral convictions
    No individual shall be required to perform or assist in the performance of any part of a health service program or research activity funded in whole or in part under a program administered by the Secretary of Health and Human Services if his performance or assistance in the performance of such part of such program or activity would be contrary to his religious beliefs or moral convictions...
    U.S.C. Title 42 - THE PUBLIC HEALTH AND WELFARE


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