Is This Illegal?

webblarsk · Jan 13, 2005

Definitley wouldn't do it! Never ever ever. What if something major happened and it comes back to you because you were clocked in and shown to be scheduled for those days.

WashYaHands · Jan 13, 2005

It's illegal, unethical, and yes, you could lose your license for it.

saskrn · Jan 13, 2005

:uhoh21: I am an RN DON at a rural nursing home of about 45 residents. We are currently getting ready to move to a new nursing home in town. We have an interim administrator and he asked me to do something I don't feel comfortable about doing. State came in around Christmas and wrote us up for not having weekend RN coverage every weekend. My new administrator asked me to come in this weekend and clock in and out for Sat. and Sun. but not to stay....just to clock in so it looks like I was there. I can't work 7 days a week and they haven't hired anyone. I feel like this is lying and that I might be risking my licensure. Is this illegal? Could I lose my license? I don't want to lie. Any input would be much appreciated! Thanks!

I would call State and the BON and ask them. Then it's coming straight from the horses mouth. Obviously it's not right, and I think you probably know that.

BHolliRNMS · Jan 13, 2005

The DON clocking in and leaving is as illegal as any other employee. Federal regulations require nursing homes to have RN coverage at least 8 consecutive hours everyday. If the nursing home does not provide this coverage, they are not meeting federal regulations and will face penalties if caught. No, you can't work seven days a week. The company may have to pay an agency RN to work on the weekend until you can hire and train someone.

HannahRN24 · Jan 13, 2005

Yes, I definitely feel that it's wrong and unethical...my first instinct was to call state and the BON to make sure...I just wanted some feedback first...this is the 3rd or 4th time they have asked me to do something I felt funny about...I think I am going to call state and resign from this job as well. I just can't work for a company that would compromise my license and my patients as well! Thank you for all your advice!

nursemary9, BSN, RN · Jan 13, 2005

ABSOLUTELY ILLIGAL, also unethical, Could definitely lose license over something like this.

This needs reporting to the State Board of Nsg.--NOW!!

You need to re-think working at this place.

saskrn · Jan 13, 2005

Yes, I definitely feel that it's wrong and unethical...my first instinct was to call state and the BON to make sure...I just wanted some feedback first...this is the 3rd or 4th time they have asked me to do something I felt funny about...I think I am going to call state and resign from this job as well. I just can't work for a company that would compromise my license and my patients as well! Thank you for all your advice!

It sounds like a tough situation. Have the best interests of you and those you care for in mind, not your employer. I wish you the best.

Nurse Ratched, RN · Jan 13, 2005

my new administrator asked me to come in this weekend and clock in and out for sat. and sun. but not to stay....just to clock in so it looks like i was there. i can't work 7 days a week and they haven't hired anyone.

and won't hire anyone if they think they can con you into this.

you already know this is wrong. don't do it and question seriously whether a place that would try and scam the regs this way is a place you want to work (and accept the responsibility for when something goes wrong - as the don you have a lot on your shoulders.)

bargainhound, RN · Jan 13, 2005

It is fraud and you would be charged and could go to jail along with the administrator who told you to do this.

southern_rn_brat · Jan 13, 2005

Hannah, it is definitely not legal. The way my facility took care of this issue was to hire an RN that only works on the weekends. I took over this position back in the summer. I work 12 hours each day and was given a $6/hour raise to take the position. I make almost the same money I did as the evening shift supervisor and I only work weekends! Talk about an incentive! They also let me play with my hours. If I need off before 7pm, I just go in earlier. On sundays I like to do 5-5 so I can go to church.

This also lets them only work the other supervisors Monday-Friday, which is a great advertising tool when we were looking for a new evening shift supervisor to replace me.

It really works well for everyone! The other RNs only work during the week and my DON doesnt have to worry about coming in on the weekends. She is on call if I need her but otherwise, I handle the weekends and she gets to rest. lol She leaves me notes in my box to communicate with me if she needs to tell me anything or calls me during the week.

The other supervisors and I have switched days around when I needed a weekend off for something and I can go in for them if they need a day off during the week for an appt or if they are sick. We take care of each other and the DON doesnt ever have to worry if she has RN coverage.

ageless · Jan 13, 2005

I agree with all the above posts and would like to another twist.........

question:

what if you do this, something bad happens, and your administrator denies culpability?

definitely, a mine field...