I belong to a level 2 trauma center in florida. I've had my arm twisted into a "disaster relief team". I've been told that I will remain in the hospital for 1-2 days, possibly more. That I am not allowed to go home or leave. That I must stay within the confines of the hospital.
When asked, I asked for the policy per employment or the statute/law, or any literature at all that obligates me to stay in the hospital and force me to perform as a nurse or just stay within the confines of the hospital. No one could cite any resource or source.
I am wondering if anyone knows of what law, statute, or area in the nurse practice act that cites the scope and exact legal obligations there are for hospitals to dictate this? As far as I'm aware there are none, but I know many other nurses have faced this being Florida and that they have families and homes to tend to during storms/hurricanes while not on their scheduled shift.
Please, do not go off topic with "moral obligations" and this and that. I am ONLY looking for a law or literature that says nurses are legally obligated to perform during a disaster in the state of florida.
I belong to a level 2 trauma center in florida. I've had my arm twisted into a "disaster relief team". I've been told that I will remain in the hospital for 1-2 days, possibly more. That I am not allowed to go home or leave. That I must stay within the confines of the hospital.
Can you clear something up for me? Are they saying you would work your normal shift, then go someplace else within the hospital to get rest and cleaned up until your next shift or are they saying you'd be working around the clock until relieved? Huge difference between the two.
There's nothing in the Florida NPA that mandates disaster response. If you'll recall, when you renew your license they always ask if you would like to be contacted for disaster response, but not that you're mandated to do so.
Specializes in Psychiatry, Community, Nurse Manager, hospice.
1 hour ago, MunoRN said:
According my state's BON guidance, you may need LEO assistance to get to the hospital, but in order to refuse to go you need to rescind your license at that point. It's not slave labor as your employer is still required to pay you.
Forced labor is slave labor in my book, even if it is paid. But I guess making you rescind your license isn't exactly force. It's close though.
Forced labor is slave labor in my book, even if it is paid. But I guess making you rescind your license isn't exactly force. It's close though.
I'd rather not be that committed to working during an emergency as well, but it's the state that grants us our licenses, and states place additional responsibilities on nurses in exchange for that license, the extent of those responsibilities and what they're willing to do to enforce those responsibilities vary by state, but in a couple of states I've worked in they don't mess around.
Forced labor is slave labor in my book, even if it is paid. But I guess making you rescind your license isn't exactly force. It's close though.
Thank goodness for nurses with your attitude. I feel so reassured that I or my loved ones will be taken care of in the event of a disaster ?.
I hope you or your loved ones aren't in a disaster some day, rushed to a hospital and told you will have to wait hours to be seen or that it might be best to go to another facility, there is not enough staff available as no one was willing to come in on their day off or stay overtime.
... if your scheduled to work and you are expecting to keep your job you need to go to work. You may not be relieved promptly or at all. (relief doesn’t show up). At that point legally you can not abandon your patients and are stuck until you are properly relieved.
Agree 100 percent here. If you take report and not relieved 12, 16, 24? hours later, you are legally stuck, and may face abandonment charge. But, if you don't show up to work, you will most likely to be fired, that's all. Choose your option.
Personally, I would make sure my family is safe before taking any report on the patient.
Specializes in Psychiatry, Community, Nurse Manager, hospice.
On 8/31/2019 at 5:00 PM, brownbook said:
Thank goodness for nurses with your attitude. I feel so reassured that I or my loved ones will be taken care of in the event of a disaster ?.
I hope you or your loved ones aren't in a disaster some day, rushed to a hospital and told you will have to wait hours to be seen or that it might be best to go to another facility, there is not enough staff available as no one was willing to come in on their day off or stay overtime.
I feel very hurt by this comment.
I did not say I would not work in a disaster.
I don't have an attitude.
I disagree that police officers should be sent to someone's home to force them to work, in any situation.
I did in fact work as a volunteer when my community was devastated by hurricane Sandy. I turned my yoga studio into a donation hub and coordinated relief efforts. I brought food and water to the elderly and disabled, pumped out houses, removed debris, whatever it took for 16 hours at a time in the beginning, and for a long time afterwards too. I was not a nurse then. Had I been a nurse, I would have done everything necessary for my patients and more.
OP, what research have you done to find the answer to your question? I'm not an expert on legal matters, but you certainly have the right to refuse reporting to work during a disaster, it will however more than likely cost you your job which can be a heavy price to pay. If you leave work without relief then yes you could face heavier penalties since that would be abandonment.
Oh, and it might behoove you to remember that ethics are important in medicine and nursing, they help to guide our decisions for the greater good. In healthcare it's not about "us" it's about the patients , "them" right or wrong that's the reality of it. If your own ethics don't align with this, that's okay and there's nothing wrong with that but there are certain situations where it can be incompatible with nursing or medicine such as during a disaster. Good luck to you in whatever you decide and I hope you find the answer you're looking for.
Specializes in Pediatrics, Pediatric Float, PICU, NICU.
9 minutes ago, TheMoonisMyLantern said:
Oh, and it might behoove you to remember that ethics are important in medicine and nursing, they help to guide our decisions for the greater good. In healthcare it's not about "us" it's about the patients , "them" right or wrong that's the reality of it. If your own ethics don't align with this, that's okay and there's nothing wrong with that but there are certain situations where it can be incompatible with nursing or medicine such as during a disaster.
Ehhh I'm torn. My "ethics" during a hurricane make me want to evacuate to safety to protect myself and those I love. That doesn't make me unethical. However, my pockets make it perfectly compatible and make me able to align with it being about "them," the patients, as you stated.
Ehhh I'm torn. My "ethics" during a hurricane make me want to evacuate to safety to protect myself and those I love. That doesn't make me unethical. However, my pockets make it perfectly compatible and make me able to align with it being about "them," the patients, as you stated.
I hear what you're saying, but we go into this field knowing that we provide an essential service. It can suck working during a disaster but it's not really a big secret that it's expected of you when you enter the profession.
Agree 100 percent here. If you take report and not relieved 12, 16, 24? hours later, you are legally stuck, and may face abandonment charge. But, if you don't show up to work, you will most likely to be fired, that's all. Choose your option.
Personally, I would make sure my family is safe before taking any report on the patient.
It depends on the state, in some states you're correct, you're only risking your job, in others it's your license at risk as well, not to mention possible legal repercussions.
From an article in American Nurse Today (ANA) about nurses' obligations in a State of Emergency:
Quote
It also is important for nurses to know the legal obligations in their state of practice. Some states have implemented laws that require healthcare providers to respond, and refusal to comply can be punishable.
I disagree that police officers should be sent to someone's home to force them to work, in any situation.
I did in fact work as a volunteer when my community was devastated by hurricane Sandy. I turned my yoga studio into a donation hub and coordinated relief efforts. I brought food and water to the elderly and disabled, pumped out houses, removed debris, whatever it took for 16 hours at a time in the beginning, and for a long time afterwards too. I was not a nurse then. Had I been a nurse, I would have done everything necessary for my patients and more.
You have misjudged me.
Yes, obviously I misunderstood your comment about forced slave labor. I should not have replied in so strongly and asked you to clarify what you meant.
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CharleeFoxtrot, BSN, RN
840 Posts
Can you clear something up for me? Are they saying you would work your normal shift, then go someplace else within the hospital to get rest and cleaned up until your next shift or are they saying you'd be working around the clock until relieved? Huge difference between the two.