Is this legal?

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I'm just curious about the legality of something. There is a newly minted FNP in my neighborhood who frequents the neighborhood Facebook page giving medical advice. There was a discussion going on today about the flu shot and she made the statement that her "Advanced practice degree trumps your Google research" and yes, you should get the flu shot. I know her a bit--we've met a few times, but something about her touting her degree and accompanying it with advice feels not quite right. I'd hate for her to get in trouble. What do you all think?

I'm just curious about the legality of something. There is a newly minted FNP in my neighborhood who frequents the neighborhood Facebook page giving medical advice. There was a discussion going on today about the flu shot and she made the statement that her "Advanced practice degree trumps your Google research" and yes, you should get the flu shot. I know her a bit--we've met a few times, but something about her touting her degree and accompanying it with advice feels not quite right. I'd hate for her to get in trouble. What do you all think?

She obviously possesses the required intelligence to have completed an advanced degree. That suggests to me that she is also intelligent enough to figure out what is within her scope of practice and what she can and can't say on social media.

But if you are genuinely concerned for her sake, fearing that she might be doing something that might jeopardize her license, why not be a good colleague and simply talk to her about the potential risk you feel you've identified? That's what I'd do if this was a person I met multiple times and who I didn't want to get into trouble. I wouldn't spend time and energy on trying to figure out whether it crosses any legal boundaries or not. I assume that varies from case to case anyway, depending on the specific situation and the specific advice given. If I genuinely thought there was a risk that she doesn't seem to be aware of, I'd just give her a heads-up regarding my concerns and let her decide if my advice has merit or not.

Good luck!

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Specializes in Med-surg (peds and adult).
This sounds like an "MYOB" situation to me. What concern is it of yours, really, what she is doing or saying on Facebook?

Yep, after thinking it over you are spot on. I think her "My advanced degree vs your google research" comment sort of embarrassed me for her (we may think that, but to say it directly to a large audience of people you know is apt to really turn off your listeners) and I was hoping for a reason to tell her to cool it with all the advice. But you are right. I have bigger fish to fry in my worldí ½í¸Š

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Specializes in Psychiatry, Community, Nurse Manager, hospice.
FolksBtrippin, I was asking. I wasn't sure if there were legalities involved in making an assumption of an established provider-client relationship. There is some assumption of liability when giving advice to your neighbors...

And I'm answering. It's not illegal for an FNP to give medical advice. The reason many don't do it on fb is that they like to get paid for their services.

As far as telling people they can get a flu shot: even an RN can give immunizations without an order. No extensive health history is necessary.

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!!!!!

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FolksBtrippin, I was asking. I wasn't sure if there were legalities involved in making an assumption of an established provider-client relationship. There is some assumption of liability when giving advice to your neighbors...

I'm not sure how that is having a provider relationship with anyone. I often post pro vaccine things on Facebook and tell people to get their kids vaccinated. I'm very passionate about vaccines.

It's no different than all those websites telling people lies and crap about vaccines. Nobody is establishing a provider relationship.

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Specializes in Pediatric Critical Care.

Based on your post, OP, I can't see any legal problem, just a lack of good sense. She may be alienating potential patients and hurting her local reputation as a brand new FNP. I would be more worried for her about that. But we are all allowed to dig our own graves, I suppose, so I probably wouldn't approach her about it if I didn't already have a friendship with her.

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Specializes in HIV.

I don't see why it would be illegal - only degrading to the NP profession.

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Specializes in Adult Internal Medicine.

Her advanced degree does trump the "I've done my research"! I agree she should be able to handle it better, but, kudos to her for taking on the vaccine issue, we all should be doing it.

As an NP she is allowed to give whatever medical advice she wants (provided it is within her scope). There is nothing illegal about that. Most of us are pretty careful about it because it could potentially be a prelude to a tort, and I like to get paid for my time.

What bothered you so much about her actions?

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Specializes in Peds/outpatient FP,derm,allergy/private duty.
I'm just curious about the legality of something. There is a newly minted FNP in my neighborhood who frequents the neighborhood Facebook page giving medical advice. There was a discussion going on today about the flu shot and she made the statement that her "Advanced practice degree trumps your Google research" and yes, you should get the flu shot. I know her a bit--we've met a few times, but something about her touting her degree and accompanying it with advice feels not quite right. I'd hate for her to get in trouble. What do you all think?

I think the problems, if they occur most likely will be from her abrasive approach. I can't see how the neighborhood best practice discourse is enhanced by engaging in a personal confrontation.

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Specializes in Pediatric Critical Care.
Her advanced degree does trump the "I've done my research"! I agree she should be able to handle it better, but, kudos to her for taking on the vaccine issue, we all should be doing it.

As an NP she is allowed to give whatever medical advice she wants (provided it is within her scope). There is nothing illegal about that. Most of us are pretty careful about it because it could potentially be a prelude to a tort, and I like to get paid for my time.

What bothered you so much about her actions?

Could you elaborate on this? You lost me when you started talking about torts!

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Specializes in Adult Internal Medicine.
Could you elaborate on this? You lost me when you started talking about torts!

I'm no lawyer!

In my usage I mean a civil case in which someone is injured and intends to seek damages from another person. If SoccerDad1 from Facebook alleges that NoobNP4 reviewed his complaint and elected to give him negligent medical advice he could at least try to make a tort case against NoobNP4.

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Frankly, as nurses it's our responsibility to promote vaccines and to debunk the pseudo-science, outright hysteria and fabrications of the anti-vax crowd.

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