any employee engaged in work (i) predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical, or physical work; applies to lpn (ii) involving the consistent exercise of discretion and judgment in its performance; applies to lpn (iii) of such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; applies to lpn (iv) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital, as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes; applies to lpn, although the word "prolonged" is subjective...i would dare anyone to tell me that my lpn education is not a prolonged course of intellectual instruction!
any employee, who (i) has completed the courses of specialized intellectual instruction and study described in clause (iv) of paragraph (a), and (ii) is performing related work under the supervision of a professional person to qualify himself to become a professional employee as defined in paragraph (a). applies to lpn
(13) in determining whether any person is acting as an "agent" of another person so as to make such other person responsible for his acts, the question of whether the specific acts performed were actually authorized or subsequently ratified shall not be controlling. i need this translated to english, but i'm assuming this refers to delegation and would apply to an lpn since we are delegated to by professionals (rn's and md's) and we are responsible for delegating to cna's and ma's
in general, rns have been viewed as performing the duties of an exempt learned professional since 1971 – a position reflected in the old rule 541.301(e)(1). new 541.301(e)(2) reiterates the longstanding view that rns satisfy the duties test for learned professional employees while licensed practical nurses and other similar health workers generally do not, regardless of work experience and training – because possession of a specialized advanced academic degree is not a standard prerequisite for entry into such occupations.-is an associates degree an "advanced academic degree"? no, it isn't...but that is all that is required to be an entry level registered nurse. this needs to be clarified. and again, i would object to being categorized with "other similar healthcare workers" because imo, the only similar healthcare worker to an lpn is an rn. furthermore, i believe that the education of a licensed practical nurse and a registered nurse is quite different than most associates degree programs, in the degree of difficulty and in the lecture time and clinical hours that need to be completed, so it should be weighed differently.
i guess my point is, with all due respect to the ma's and cna's of the world, an lpn is not in the same category. they are trained technicians-and lpn's are licensed practical nurses. we are taught not just how to carry out the nursing interventions that we are allowed to perform under the nurse practice act, we need to know the rationale behind those action and why it is necessary. we learn how to write a nursing diagnosis, a care plan, a discharge plan...the only difference is that we need to have it approved by an rn and we have more limited scope of practice. and in ltc settings (which paragraph 12 states is considered a "health care institution") lpn's are often the charge nurses running the floor, with minimal input from the rn. like i said, i acknowledge that we are not on the same level as a registered nurse, but are people really under the impression that we are not professionals in the field?