Is this legal???

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Hello everyone,

I have a question for anyone who can answer. I live in KY and my apartment is over top a doctors office (the doctor is also my landlord.) I’ve been having really bad problems out of my wisdom teeth lately; and it’s getting even worse now that the cold weather has arrived. I can’t get into a dentist until next week, so I went down stairs to talk to the Doctor to see if he could call me in a script for an antibiotic for the infection, and something for the pain. He had his ‘nurse’ do it, no problem.

Anyway, while I was there the nurse and I got into a conversation– She convinced me into getting a flu vac while I was there. Anyway, She’s familiar with me on several levels –Not only is her boss my land lord, he is also the primary care physician at a facility that I worked at recently. To make a long story short - I was talking to this lady, and she was asking me how school was and everything, and I told her that it was tough and what not. (I’m an LPN, going to get RN eventually) She said she never went to school to become an LPN, that she was ‘grand fathered’ in. I said "Oh, so you trained under someone then got licensed? She said "No, I never have received a license." Can she legally call herself a nurse? And also, can she give injections and whatnot? I’ve seen her give shots for the Doc when he made his rounds at the nursing home.

Also, not that this matters, but her name badge said "Kathy... LPN" I’m not saying in anyway that she’s not fit to do her line of work, my grandmother (merely 70) was actually grand fathered in years ago - and still works as an LPN, however she did receive an actual license. So don’t think I’m trying to insult this lady in any way, shape or form.

Just curious about it....

Thanks in advance

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Specializes in Community Health, Med-Surg, Home Health.

I did hear about people being grandfathered into nursing, but have never met one. I am not sure if they can be called nurses legally, but, because of this grandfathering thingy, that is something to wonder about. I can't wait to hear responses from other posters here...maybe they can clear this up for us.

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My grandmother was actually grand fathered in, but it took 4 years (4 years for what it took me 11 months to obtain!!! lol) This was in the late 50's, and from my understanding there was a huge shortage of nurses in the area she was raised. Also, she was trained by RN’s as well as Doctors on how to do procedures, and also had to take tests pretty often. So I guess it really was like school for her?

This lady is insisting that she’s an grand fathered LPN, even though she doesn’t have a license. She has worked for this doctor for 30 years she said. I was just curious.

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I've never heard of being grand-fathered in to being a nurse. I'll be interested in reading the responses to this thread.

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Even if she's been grandfathered in, which I never heard of before, she can't be called an LPN without a license. The Title says Licensed Practical Nurse.

To be sure, I'd check with your state board of nursing.

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Even if she's been grandfathered in, which I never heard of before, she can't be called an LPN without a license. The Title says Licensed Practical Nurse.

To be sure, I'd check with your state board of nursing.

I didnt think so. But as I previously stated, my grandmother was actually grand fathered in, but she did recieve a license.

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Specializes in Critical Care.

"Any person who holds a license to practice as a licensed practical nurse in this state shall have the right to use the title "licensed practical nurse" and the abbreviation "L.P.N." No other person shall assume the title or use the abbreviation or any other words, letters, signs, or figures to indicate that the person using the same is a licensed practical nurse. No person shall practice as a licensed practical nurse unless licensed under this chapter."

http://162.114.4.13/KRS/314-00/051.PDF

If she says never got licensed because she was 'grandfathered', that is, at best, a serious misunderstanding of the law and at worst, a lie.

Not only that, all nurses in KY are required to show their licenses to the lay public, on request:

http://kbn.ky.gov/NR/rdonlyres/6AB09370-33E6-4B20-88F3-2B20800A1B2C/0/safenursingbroch.pdf

"Kentucky law (KRS 216B.150 and 216B.170) mandates that nurses working in hospitals and health care facilities in the Commonwealth wear identification badges that list their name, licensure credential, and position title or department. A nurse providing care must show you a current Kentucky license card when asked."

Most State BONs would consider this situation as being a 'nurse imposter'.

~faith,

Timothy.

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Specializes in FNP, Peds, Epilepsy, Mgt., Occ. Ed.
Even if she's been grandfathered in, which I never heard of before, she can't be called an LPN without a license. The Title says Licensed Practical Nurse.

To be sure, I'd check with your state board of nursing.

That's what I'd think, too. Whereas your grandmother was grandfathered in but got a license and thus has the right to call herself a nurse, this lady says she doesn't have a license and so I don't know how she can call herself an LPN.

As for what she does under the doctor's direction, she can do anything he wants her to; she is actually working under his license, though.

It would be interesting to see what the state board of nursing says.

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LPN stand for Licensed Practical Nurse. No license no nurse.

Now if she is directly employed by a physician she can give shot etc. She does so under his medical license.

Many doctors prefer (because of cost) to use medical assistants rather than LPNs or RNs. The medical assistant by definition does not need any formal education. The medical assistant was founded by MDs. They trained their own staff to do various proceedures under the MD's license. Today many more MA's are trained in a more formal setting but still not close to being nurses.

Here is the rub. Too many MD's do not understand that the title Nurse is a protected title and that thier medical assistant is not entitled to use it.

If I were you I would voice a concern to the BON about this person and the physician she works for. If she is not a LPN or RN the board will inform her and the physician about the protected nature of the title and let them know the legal consequences of rongfully using the title.

Then if they continue you or anyone can file a complaint with the BON and they will take action.

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Specializes in Critical Care.
If I were you I would voice a concern to the BON about this person and the physician she works for. If she is not a LPN or RN the board will inform her and the physician about the protected nature of the title and let them know the legal consequences of rongfully using the title.

Then if they continue you or anyone can file a complaint with the BON and they will take action.

Of course, that is difficult to do if the doc is your landlord. However, I would point out that, if you are a nurse, you are legally required, in most states, to report such issues to the board.

~faith,

Timothy.

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Specializes in ORTHOPAEDICS-CERTIFIED SINCE 89.

In 1970 South Carolina offered the LPN test to many of the lay midwives, nurses assistants, and Practical Nurses (notice not LPN just PN).

These nurses were not grandfathered though, they were allowed to take the test without attending school. Their license number is different from LPNs who did attend school.

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I have no intentions of reporting this lady, as I cannot afford to get kicked out of my apt, and I absolutely refuse to live in on-campus housing. LoL.

I was just really curious as to how this particular situation.

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