Is this even legal?

[roxie144]

I work in a SDU and recently I was forced to flex up with an LPN and cover twelve patients. Our normal ratio is 4-1.

[caliotter3]

Where do you work? Are there ratio laws? Inquire with your State Board if you don't think you will get a straight answer from your employer. BTW, this describes a tactic that seems to be used frequently to get around ratio laws.

[Esme12, ASN, BSN, RN]

You need to check with your states safe staffing laws. Staffing ratios are guidelines and not laws

http://www.safestaffingsaveslives.org/WhatisANADoing/StateLegislation/StaffingPlansandRatios.aspx

Federal regulations require hospitals certified to participate in Medicare to "have adequate numbers of licensed registered nurses, licensed practical (vocational) nurses, and other personnel to provide nursing care to all patients as needed" (42CFR 482.23(b). With such nebulous language and no national nurse staffing law, states are taking steps to ensure that staffing is appropriate to meet patients' needs.

California is the only state in the union with mandated staffing levels that are mandated by law.

California (1999) - Hospitals must employ specific nurse-to-patient ratios in every patient care unit, with the ratio varying depending on the type of unit. The ratios represent a minimum requirement that may be adjusted based on patient acuity, creating a higher ratio of nurses to patients. The law builds on a patient classification system intended to set nurse staffing levels based on nursing care requirements of individual patients.

The rest are "optimal plans" and "staffing ratios" with no "legal" ramifications.

http://www.nursingworld.org/MainMenuCategories/ANAPoliticalPower/State/StateLegislativeAgenda/StaffingPlansandRatios_1.aspx

Your "usual ratio" of 1:4 is just that usual......do you belong to a union? check with them. If not the legality is not the issue but the safety is......states have places to report unsafe staffing. Check with your nursing board and the Joint Commission. Your facility has to report staffing ratios and plans to them also......

This is what the national debate about legislated staffing ratios is all about. I don't feel there will be anytime soon as the cost of hiring nurses to fill the positions to a safe level which hospitals are obviously NOT bound to do.

:hug: