Abandonment Question

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I work as a PNA in a mental institution in Texas. I have been on the job three months and I have already seen straight through the bullying of the House Supervisor and the mandatory stay over at the end of shifts. The work conditions are ridiculous as they displace staff at dangerous levels of patients to staff. How would it be considered abandonment if I tell them that I am not staying over until coverage arrives or if I decide that I'm tired of the treatment and leave? What is the Texas statue that I could be potentially charged with I'd I leave?

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Leaving without replacement (even if they are hours late) is considered abandonment according to my licensing body. Our licensing body states in unsafe work conditions (high potent rations, insufficient staffing etc) we are not allowed to leave but are expected to continue providing care as best possible for the short, file a complaint with the licensing body, manager and supervisor regarding the situation. I can't speak to Texas's policies, but I woul personally find a different position of that was the case, but give your two weeks notice as to not burn any bridges

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Even if I am just an assistant and do not have a nursing license?

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I apologize. We don't have nurses assistants so I have no idea

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Specializes in PICU.

From what I have heard and understand, anyone can be charged with abandonment. Your employer could charge you

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Nursing assistants get accused of abandonment. At a facility where I once worked, several walked off the job. The house supervisor ran after them out to the parking lot and told them she was reporting them to the certifying authority.

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Specializes in Critical Care.

Each state is a little different, but generally it's not abandonment if there is someone else on the premises who can perform the same duties, it doesn't matter if that leaves that staff person with 500 patients, it's not abandonment under any of the state definitions I've worked with. This usually comes up as a way for employers to try and get around mandatory overtime laws, they'll argue they aren't requiring you stay over but they aren't going to give you anyone to give report to, so you have to stay to avoid abandonment, in the states I'm familiar with the Board has stated they don't consider this abandonment since the team lead, supervisor, etc should know enough about the patient to provide care. But that doesn't mean they can't fire you, if your state has no mandatory overtime laws, which typically don't apply to support staff anyways, they can you for not working extra.

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Specializes in Tele, ICU, Staff Development.
MunoRN said:
Each state is a little different, but generally it's not abandonment if there is someone else on the premises who can perform the same duties, it doesn't matter if that leaves that staff person with 500 patients, it's not abandonment under any of the state definitions I've worked with. This usually comes up as a way for employers to try and get around mandatory overtime laws, they'll argue they aren't requiring you stay over but they aren't going to give you anyone to give report to, so you have to stay to avoid abandonment, in the states I'm familiar with the Board has stated they don't consider this abandonment since the team lead, supervisor, etc should know enough about the patient to provide care. But that doesn't mean they can't fire you, if your state has no mandatory overtime laws, which typically don't apply to support staff anyways, they can you for not working extra.

Exactly.

Threatening employees with abandonment to coerce someone to work overtime is an old, cheap trick.

Of course, they can fire you just because.

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Specializes in Critical care, tele, Medical-Surgical.
Tmows25 said:
I work as a PNA in a mental institution in Texas. I have been on the job three months and I have already seen straight through the bullying of the House Supervisor and the mandatory stay over at the end of shifts. The work conditions are ridiculous as they displace staff at dangerous levels of patients to staff. How would it be considered abandonment if I tell them that I am not staying over until coverage arrives or if I decide that I'm tired of the treatment and leave? What is the Texas statue that I could be potentially charged with I'd I leave?

I agree with Nurse Beth. Your employer won't be able to successfully charge you with patient abandonment. You could, however be disciplined up to termination.

The next time you see the House Supervisor ask a co-worker to witness you saying, "I cannot stay after the end of my shift is completed."

This should be early in the shift to allow time for getting staff for the next shift.

From the Texas Board of Nursing:

Quote
The Board believes that the following additional examples of employment issues would not typically involve violations of the NPA or Board Rules:

 

Resignation without advance notice, assuming the nurse's current patient care assignment and/or work shift has been completed.

Refusal to work additional shifts, either "doubles" or extra shifts on days off.

Other work-related issues, such as frequent absenteeism or tardiness, or conflicts between staff/employees.

Bad Request

From my state Board:

Quote
Generally for patient abandonment to occur, the nurse must:

a) Have first accepted the patient assignment, thus establishing a nurse-patient relationship, and then

b) Severed that nurse-patient relationship without giving reasonable notice to the appropriate person(e.g., supervisor, patient) so that arrangements can be made for continuation of nursing care byothers.

http://www.RN.ca.gov/pdfs/regulations/npr-b-01.pdf

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Specializes in Tele, ICU, Staff Development.
caliotter3 said:
Nursing assistants get accused of abandonment. At a facility where I once worked, several walked off the job. The house supervisor ran after them out to the parking lot and told them she was reporting them to the certifying authority.

Right, certified nursing assistants have an overseeing governing board and technically could lose their certification (which must be renewed regularly, depending on the state).

But psychiatric nursing technicians in Texas- which is what I think is what the OP is- are not certified and have no overseeing certifying body.

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caliotter3 said:
Nursing assistants get accused of abandonment. At a facility where I once worked, several walked off the job. The house supervisor ran after them out to the parking lot and told them she was reporting them to the certifying authority.

Damn, that sucks. Well, if they're abandoning then that's what they're doing!

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Specializes in NICU, ICU, PICU, Academia.
Beldar_the_Cenobite said:
Damn, that sucks. Well, if they're abandoning then that's what they're doing!

Your username rocks.

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