Is it legal to work as an aid while you are an RN

smartnurse1982 · Jul 3, 2016

If you don't have an active RN license, you're not an RN anymore, period. Without the state license you're not qualified to work a nursing position, knowledge or no.
Having a certain level of knowledge is required to become an RN, but it doesn't make you one.

You don't think the Board will go after a Nurse Aide whose has an inactive Rn license?

What if,for example,a nurse's aide who works in the homecare setting took a Bp and it was 190/120.

She reports it to her nursing supervisor,and after her shift is done goes home.

The pt never makes it to the ER and dies.

What happens to the nurse's aid?

LadyFree28, BSN, LPN, RN · Jul 3, 2016

Don't most state BON have information in the nurse practice act?

My state clause (I'm paraphrasing here) is if one has not been fully educated on the role and scope of a particular job, then they can not function in said position; so in essence, if the OP was in my state, and has NOT been deemed competent in the tasks and skills as an RN, then NO, she can only perform the tasks as a nursing assistant.

OP, look up your nurse practice act, your hospital policy and go from there; you should be fine. :yes:

Xlorgguss · Jul 3, 2016

Do you officially have a signed offer with a start date? I would imagine that the paperwork would need to go through HR and have a specific date of hire. Because if you haven't reached that date or haven't signed those papers how could you be held liable? It just doesn't make sense. You are highered as a tech and are so until you reach the date when your employment starts as an RN. Without that, wouldn't you be practicing without approval from the hospital? Do techs normally pass their NCLEX and immediately start as an RN? What about orientation??

mrsboots87 · Jul 3, 2016

You are asking the wrong question of the wrong people. whether your manager is there or not doesn't matter. You need to notify HR of your licensure as soon as it is active. They will be the people who know if facility policy allows for newly licensed RNs to continue working in the job of a CNA until they are oriented as an RN.

At my current facility, I was a CNA. Once I passed NCLEX and my license posted, I was removed from the schedule until I was officially offered a job as an RN. Facility policy here is that no one can work in a position below their highest license.

But, some of my classmates continued to work as CNAs until the next orientation start dates for their facilities. Which was usually a couple weeks from being offered an RN position at their current employers.

Also, to hire you as an RN, your manager would have to have an open position approved for you. HR will be involved obviously, so you can always start with telling them when you are licensed and they will contact whoever will take care of it in your managers absence.

NotAllWhoWandeRN, ASN, RN · Jul 3, 2016

Don't most state BON have information in the nurse practice act?
My state clause (I'm paraphrasing here) is if one has not been fully educated on the role and scope of a particular job, then they can not function in said position; so in essence, if the OP was in my state, and has NOT been deemed competent in the tasks and skills as an RN, then NO, she can only perform the tasks as a nursing assistant.
OP, look up your nurse practice act, your hospital policy and go from there; you should be fine.

Now THAT seems reasonable.

It also sounds like that addresses an RN being floated for tech work in a different specialty. I consider it logical and reasonable that a med-surg RN should not be held responsible for not knowing the ins & outs of (my previous example) OB nursing.

elkpark · Jul 3, 2016

If you don't have an active RN license, you're not an RN anymore, period. Without the state license you're not qualified to work a nursing position, knowledge or no.
Having a certain level of knowledge is required to become an RN, but it doesn't make you one.

Having an inactive RN license is not the same as not having a license.

emtpbill, ASN, RN, EMT-P · Jul 3, 2016

Wouldn't the most prudent thing to do is contact your state BON and get a decision from them?

rzyzzy · Jul 3, 2016

Having an inactive RN license is not the same as not having a license.

I'd have to disagree, if your license is inactive, you are not allowed to practice as a nurse & you can no longer use the title of RN/LPN, in fact, doing so without an active license is a crime.

The bon may not like it, but they can't "regulate" your activities unless you:

A:) have an active license

B:) engage in regulated activities (practice as a nurse)

c:) call yourself a RN/LPN

My state's nurse practice act limits the board's authority to nurses & those who pretend to be nurses. They don't regulate techs, medical assistants or other "unlicensed assistive personnel ".

rzyzzy · Jul 3, 2016

You don't think the Board will go after a Nurse Aide whose has an inactive Rn license?
What if,for example,a nurse's aide who works in the homecare setting took a Bp and it was 190/120.
She reports it to her nursing supervisor,and after her shift is done goes home.
The pt never makes it to the ER and dies.
What happens to the nurse's aid?

A nurse's aide would nearly always be licensed in my state as a CNA/LNA (the terminology is is flux right now, because the BON specifically does not *want* to regulate cna's) - they could certainly sanction the CNA/LNA license that person holds, but they could not hold them to the standard that they hold RN's to, and they couldn't sanction a license that wasn't active. They created the inactive license for the specific purpose of situations like these, to remove any ambiguity over who was responsible for a patient.

My bon is no friend of nurses, but creating the "inactive" status option was actually a wise thing to do. If your license is active, you're regulated, if not, you're not a nurse & can't be held to that standard.

Further, in my state the nurse practice act would also be a defense - if you're hired as a CNA/LNA, my nurse practice act only allows you to do things your facility allows you to do. If your p&p manual doesn't allow cna's/lna's to "assess" patients & you were hired as a CNA/LNA, you can't do it. Even if you know how to do it, even if you have an active license.

elkpark · Jul 3, 2016

I'd have to disagree, if your license is inactive, you are not allowed to practice as a nurse & you can no longer use the title of RN/LPN, in fact, doing so without an active license is a crime.
The bon may not like it, but they can't "regulate" your activities unless you:
A:) have an active license
B:) engage in regulated activities (practice as a nurse)
c:) call yourself a RN/LPN
My state's nurse practice act limits the board's authority to nurses & those who pretend to be nurses. They don't regulate techs, medical assistants or other "unlicensed assistive personnel ".

This varies from state to state. Some states don't offer "inactive" status at all. Some offer inactive status, and, in that case, individuals with an inactive license are not permitted to practice as RNs/LPNs. However, some states permit people with inactive licenses to still use the title, or the regs don't address whether or not they can call themselves "RN"/"LPN". Holders of inactive licenses are generally held to the same requirement of keeping the BON informed of any changes of address. Some BONs continue to send newsletters, new regulatory information, etc., to holders of inactive licenses (some don't). None of that is true in regard to people who don't have nursing licenses at all. They all have some process for people to reactivate licenses that have been on "inactive" status that is quite different from the process for unlicensed people to apply for licensure. I stand by my previous statement that having an inactive license is not the same as being unlicensed.

rzyzzy · Jul 3, 2016

This varies from state to state. Some states don't offer "inactive" status at all. Some offer inactive status, and, in that case, individuals with an inactive license are not permitted to practice as RNs/LPNs. However, some states permit people with inactive licenses to still use the title, or the regs don't address whether or not they can call themselves "RN"/"LPN". Holders of inactive licenses are generally held to the same requirement of keeping the BON informed of any changes of address. Some BONs continue to send newsletters, new regulatory information, etc., to holders of inactive licenses (some don't). None of that is true in regard to people who don't have nursing licenses at all. They all have some process for people to reactivate licenses that have been on "inactive" status that is quite different from the process for unlicensed people to apply for licensure. I stand by my previous statement that having an inactive license is not the same as being unlicensed.

You're splitting hairs- find a state that allows RN's to practice with an "inactive" license & I'll bite. They can bust you for practicing without a license, they can't bust you for not practicing without a license. Any interventions & "duties" or standards of care would be practicing (without a license).

I'm not saying no one can file a complaint against your (inactive) license, anyone can. Nor am I saying a board might "investigate" that complaint - I'd certainly expect there's a Podunk board somewhere that might try it, but they wouldn't have any legal authority to sanction a nursing license for "failure to act" as a nurse, when you're not allowed to act as a nurse. That's why we have law-talkers.

rzyzzy · Jul 3, 2016

Now THAT seems reasonable.
It also sounds like that addresses an RN being floated for tech work in a different specialty. I consider it logical and reasonable that a med-surg RN should not be held responsible for not knowing the ins & outs of (my previous example) OB nursing.

The standard of care in my state is "what a new grad RN would/should know & do". You're not negligent unless you fall below that standard (for licensing purposes, not for civil lawsuits).