How do you find out the "case law" for what will get your license suspended?

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I'm fairly sick of my employer telling me various things that could get my lowly CNA license suspended. For example they often say at my home health care agency that if our "shift relief" fails to show that we cannot leave since that would be "patient abandonment". To which being a dedicated smart *** I reply what if no one shows for a day, week or month? Am I still obligated to stay? In addition, in my BSN nursing program at school they are often stating a wide array of actions or inactions that can cause our future nursing licenses to be suspended.

Well, I want to know what the real StraightDope on nursing license suspensions is for my State. I want to read most of the case histories so that when someone says "such and such will get you in trouble" I can quote actual "case law" pertaining to the situation. I have visited my State Board of Nursing (Indiana) web site, but have only found the Standards of Practice, not actual "case histories" for my state. As any good attorney can attest "the devil is in the details" and just as the law cannot be properly interpreted without court rulings, it is difficult to know how my State's Nurse Practice Act applies to real situations without the "case law" that has occured.

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Specializes in Utilization Management.

First, you do not have a license. CNAs are certified, not licensed, ok? It kinda irritates me that a licensed nurse (your supervisor?) would make you think you're licensed when you're not. In fact, passing yourself off as having a license could be illegal and is considered fraud. Not trying to scare you, Roland, it's just that my point is that the difference between a certification and a license is significant.

Second, if you want the "Straight Dope" on this or any other questions pertaining to your CNA certification, the easiest way to get those questions answered is to follow the LINKS page on the upper right-hand corner of this page and email your state's Board of Nursing.

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Specializes in Utilization Management.

Almost forgot. This nursing malpractice website has some interesting reading along the legal lines for both nurses and CNAs:

http://www.nso.com/case/com_index.php#archives

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I think you would need to be a Philadelphia lawyer to know all the case law pertaining to every situation you are likely or unlikely to find yourself in

You need to know the Standards of Practice you refer to, inside out... upside down and back to front. Then you can practice safely. There may not be a case law relating to any circumstances you find yourself in, in the future, in which case, if you DID go to court you may well set a precedent! Make sure your actions were "reasonable"

If your seniors are telling you "various things that could get my lowly CNA license suspended" then ask them ... politely... where this is written down. Dont be a smart *** It doesn't earn you any Brownie points and only serves to irritate and you are more likely to get your smart *** kicked!

As far as the situation you mentioned... how long do you have to stay? How long is a piece of string? You have a duty of care to that patient and you must stay as long as is "reasonably necessary". I doubt that you would be acting unreasonably if you left after several hours, particularly if you had children or other dependents who relied on you

But I live in the UK...

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When I was still liscensed in Calif, where I went to school but never practised, they sent out a list of nursing liscense suspensions and their reasons. Basically, most of the reasons were because of substance abuse, with a small percentage of sexual or pt abuse, and and even smaller percentage that were related to deficient nursing practise.

So, I think it's not that easy to get your liscense suspended, as far as nursing and probably even harder to revoke the certification for a CNA. Just my opinion...:coollook:

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