Is this legal?

[nursemeem624]

Im gonna try to make this short and sweat, love everyone opinion on what I should do. I just got rehired to a pedi private duty company. Well I was getting trained on a new case for a pt with a cva line, just released from nicu after a yr. Our supervisor arrives & sets the iv pump up w/the dme comp. on the phone; med medication was infusing. Well later that day the line became occluded we trouble shooted the line & restarted. The next day my preceptor shows up to work & blood had backed up into the line no big deal right, WRONG parents freaked out they were ready to go tho the ER. The nurse attempted to contact the dme company & calm the family. But the parents were so upset they started yelling @ the nurse saying stay away your trying to kill him, your trying to kill him don't touch him.really? SMH. Well the Mom called his former nurse from the nicu on speaker she trouble shoots &get the line working &begins to talk crap about the nurse there. Well later that day I come in to finish my training and the cg tells me what had happened and how the nurse there was very upset, as she should be. Well long story short the cg called the nicu nurse to come to the house the night before b/c the line was occluded; She came out got the line to work but the next day blood was in the line and they blamed us. Well around 7 ish guess who comes knocking on the door the nicu nurse. She starts talkin down to us like shes our superior discrediting and blaming us in front of the parents saying shes trying to get on the case cause were all bunch of incompetent nurses; I was so offended. I was so upset I worked one day out of obligation but refused to go back. How can a nurse build trust with the family if the nicu nurse is bad mouthing the nurses. I told my company and there gonna "contact her". I worked the shift turn out she had came over there again and had changed the setting on the feeding pump the night before. Should I report that nurse for what she doing, this has got to be illegal. It would have been a great case and pt (84 hrs a wk) now I have to wait for another case to come around and im broke for Christmas sigh. I know she meant well by helping the family but she didn't have to degrade us in the process. Should I just let it go or report her?

[not2bblue]

First of all, I mean this in the nicest way, but you need to work on your writing. Documentation is a huge part of nursing and way you write needs to improve! :writing:You use some abbreviations that I don't know, so this is what I will say. The NICU nurse was wrong to come to the private home in a nursing capacity, even if the parents called her. I'm sure after a year of caring for the baby, they must trust her and do not yet know you or your colleagues. Is it legal? Probably, if she isn't violating the practitioner's orders but if she is acting as a "nurse" and is not working under any entity, that may be illegal since an RN can't be an independent practitioner. Legally however, parents are trained to use PICC lines, g-tubes, ect so if she was acting as a family friend..... I would have called her out, professionally, for calling me incompetent because that is not OK. Are you a nurse or what is your position? Give your complaints, ask for a new case and let your boss handle it.

[DeeAngel]

Paragraphs are your friend and will encourage people to read what you've taken the time to post.

[Nonyvole, BSN, RN]

Will freely admit, I'm one of those sorts that is all for NICU nurses keeping in touch with former patients. Within reason. And badmouthing other nurses/altering pump settings is not within reason.

Your manager needs to be talking to the nurse manager of the NICU. The NICU nurse needs to learn professionalism. (IE, I may think that nurse X is the worst nurse in the world. But in front of a patient? "Oh, that nurse? Her patients love her, and I always enjoy working with her!" Even though the best part of my day might be my lunch. Or giving report and leaving.) NICU nurse - and parents - need to learn that yes, NICU nurse may still be a good resource, they need to start branching out when it comes to providers for their child. (What did they do when that NICU nurse wasn't working?)

[TheCommuter, BSN, RN]

I just got rehired to a pedi private duty company.

This thread has been moved to our Private Duty Nursing forum to attract the input and expertise of our PDN nurses.

[BittyBabyGrower, MSN, RN]

This is a perfect example of crossing the line. This NICU nurse needs reported and at least reprimanded.

[mikkie1317]

It will be considered a HIPAA violation because the former nurse is not involved with the patient care . I had a similar scenario when I worked in Home Health. I live in CA, the family repetitively contacted the NICU nurse to validate the care that I was giving to their child. I reported the case to my manager after it was becoming a nuisance, at first I rationalized with the parents, not knowing that it was a HIPAA violation , the CDPH( Ca Dept of Public Health) contacted me after they had done their investigation and wanted to know how many times the prior nurse had been contacted and I did not know, because I told them that she had been called several times but never reported because the parents divulged the information and they said unless you have direct access/care to a patient you are not obliged and have no right to the knowledge of the pt's care.

[ixchel]

Why in the world is the NICU nurse going over to their house?! Who is liable if the NICU nurse screws something up?! After the unprofessional behavior, I'd be calling that unit's manager up in a heartbeat.

If this nurse weren't so disrespectful and meddling with stuff, if he/she were just popping in, I'd wonder about boundaries but leave it at that. Lines were crossed. This needs to be addressed in an official capacity.

[Horseshoe, BSN, RN]

It will be considered a HIPAA violation because the former nurse is not involved with the patient care . I had a similar scenario when I worked in Home Health. I live in CA, the family repetitively contacted the NICU nurse to validate the care that I was giving to their child. I reported the case to my manager after it was becoming a nuisance, at first I rationalized with the parents, not knowing that it was a HIPAA violation , the CDPH( Ca Dept of Public Health) contacted me after they had done their investigation and wanted to know how many times the prior nurse had been contacted and I did not know, because I told them that she had been called several times but never reported because the parents divulged the information and they said unless you have direct access/care to a patient you are not obliged and have no right to the knowledge of the pt's care.

The parents gave her permission to access her care. Regardless of whether or not it's advisable to be involved with that family, she has not invaded privacy of the patient without their permission. She hasn't released PHI to anyone outside the health care team. She didn't take it upon herself to access records after her official role was over-she was welcomed into the situation by the parents. Her issues are many, but I still see no HIPAA violation.

[Here.I.Stand, BSN, RN]

How could it be a HIPAA violation if the parents have willingly shared the info with her?

There may well be some violations of some sort here, but I don't see HIPAA being one of them.

That's exactly what I was thinking. What a interesting scenario. It makes me wonder really. I can totally understand why the parents are flipping especially after a year in NICU and now are home with their little one. I can't imagine the stress. They trust the NICU nurse. But as others mentioned he/she really has no business coming to the patients home IMO. What if all NICU nurses followed their pt's home? After all many NICU babies need special care after going home. That's what the HH nurse is for and should be left at that. If the competency of the HH nurse is in question find one who is competent.

Probably not a HIPAA vio since she had the parents' permission...but unprofessional to the nth degree. That woman was performing Riverdance all over professional boundaries. And degrading the professionals who are now that baby's primary nurses? Completely unacceptable.

If so inclined, you could report her to the BON...not saying you should or shouldn't do that, but it's something you could handle if you personally are so inclined. Unprofessional or unethical behavior is acceptable grounds for reporting according to my state's BON website.

[Elle23]

If so inclined, you could report her to the BON...not saying you should or shouldn't do that, but it's something you could handle if you personally are so inclined. Unprofessional or unethical behavior is acceptable grounds for reporting according to my state's BON website.

While I find the NICU nurse's actions reprehensible, shouldn't we go through proper channels and chains of command before bringing in the "big dogs", so to speak?

I honestly find it a little disturbing that so many people's first reaction (I'm not singling you out...just making a point) is to report to the BON, when it should and could be handled first through the employers.

[BurnsTraumaRN]

That nurse basically surrendered her license the moment she practiced beyond the scope of her license. You cannot give out personal information to patients or family members that breeches the code of conduct. Also going to that home and practicing without the her employer backing her.....oooooo baby she fired!