Is this legal?

[KJP727503]

Hello, I would appreciate some feedback about a situation I am facing. I'm an LPN, I used to work for a pediatric home health agency, I left the case I was on about 3 months ago. Recently I received a call from the new case manager for my patient stating that I need to go to the office and sign MARS from three months before I quit because three months of MARS are missing and the previous case manager is no longer with agency and they don't know what happened to MARS, none of the other nurses on the case were asked to go the office. I was always meticulous about signing for all meds I administered. I find it very strange and I don't see how I can sign for 3 months of meds that I gave, how can I remember that? Is that even legal what she's asking me to do? I'd really appreciate some input. Thanks

[DowntheRiver]

It is not illegal. As others have stated, if it is truly only you they are asking to return for documentation, then that sounds very fishy. Please keep all emails and letters corresponding to your communication with the previous employer. If you haven't already, make a note sheet for yourself of the timeline of events while it still fresh and store it away in case you need to reference this at a later date.

[RNNPICU, BSN, RN]

I would be very cautious about signing that MAR.

1. How will you know that it is actually for that patient vs someone else?

2. Those new MARS would only show your documentation... what about the other hours of the day meds were administered?

3, Why do they want just your documentation?

4. How would you know for certain that those were the meds you gave and the correct dose, correct route. After three months you may think you remember, but do you exactly, and factually, and if there was any, any, any small chance that something could have been altered?

5. Those meds could have changed since you were on the case. If you sign these NEW MARS, what if something changed slightly, you could be signing something that is incorrect. How could you do your 5 RIGHTS before signing

Just some things to think about. Also, you are no longer with the company. What if you signed for a day that you were not there? You could be accountable for something that you really didn't do, or be charged with falsifying medical records.

[Katillac, RN]

I would think it's legal - if they pay you for your time and you can remember giving each and every dose of medication you sign for. But you certainly don't "need" to do it, as the new case manager suggested. Were it me, I'd ignore the request. If she calls again, I'd say that I needed to be 100% sure of exactly what she was asking so I would need a request in writing. Then if and when I got the request I'd ignore it.

I can't think of a single good thing that can come of your doing what she's asking. And if the case is now under review for some reason (as in the state is auditing or there is a legal matter) there are LOTS of reasons not to become involved. Their losing records doesn't constitute an obligation on your part to recreate them, and the consequences of your doing them a favor could be unpleasant.

[SpankedInPittsburgh, DNP, RN]

No way on God's Green Earth!!!!

You sign that document and you are attesting personally and professionally (at the risk of your license) that the contents are true. How could you possibly remember all the meds you passed over a 3 month span? I work in a busy ER and cannot remember the meds I passed last night. As far as singling you out, that stinks too. It kinda makes you look like the little lamb being sent off to slaughter.

No Way!!!!

Spanked

[Ben_Dover]

Heck, I don't even remember what meds I gave last week!

Whether this is legal or what not, I will not sign those MARS.

What if... just what if they are being investigated or someone had filed a claim or is suing the company.

Sucks to be the manager of that company right now!

[AnnieNP, MSN, NP]

NO, NO, NO.

[Kallie3006, ADN]

TAC Title 22, Part 11, Chapter 217, §217.12: Unprofessional Conduct

 The unprofessional conduct rules are intended to protect clients and the

public from incompetent, unethical, or illegal conduct of licensees. The

purpose of these rules is to identify unprofessional or dishonorable

behaviors of a nurse which the board believes are likely to deceive, defraud,

or injure clients or the public. Actual injury to a client need not be

established. These behaviors include but are not limited to:

• (1) Unsafe Practice‐‐actions or conduct including, but not limited to:

- © Improper management of client records;

• (6) Misconduct‐‐actions or conduct that include, but are not limited to:

- (A) Falsifying reports, client documentation, agency records or other documents;

 Late entries must be clearly identified and should be individually

dated. They should reference the actual time recorded as well as

the time when the care/event occurred and must be signed by

the nurse involved

 Late entries must be entered on a chart on the same shift that

the care was provided and/or the event occurred, even if the

information isn't in chronological order

This is from Texas Health and Human Services

[osceteacher]

Yeah, its a no from me.

Actually a HELL NO!

For real?

I don't care if its legal or illegal, I'm not putting my signature on anything from months ago.

[TriciaJ, RN]

Nope. Not even. They're asking you to cover their butts with no way to cover yours. Their mismanagement of records is not your problem and no way should you throw yourself under a bus for them.

[donsterRN, ASN, BSN]

This is not your problem.

Nope. Nope. Nope.

[JBudd, MSN]

It could also be that there are problems with those 3 months of MARs, and they are trying to cover something up. Having documented appropriately the first time, it is no longer your responsibility to maintain those records: it is theirs.

Nope. Sounds way too fishy for me. If they keep it up, I'd call your malpractice insurer and tell them what is happening.

[Delia37, MSN]

Not your problem.