Legal obligation for disaster relief

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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.

As you live in Florida, and work in a level 2 trauma center, I highly doubt that your arm was "twisted". Your facility has a disaster plan and each employee has an obligation to be on either team A, before and during the storm, and team B, after the storm. The reason you can not leave the facility, in the first place is that during the hurricane the facility is on lock down, NO ONE gets in or out. The second place is to ensure that patients are cared for until team B is able to arrive. If you do not like it, do not work in the hospital, it is one of those things, hospitals are 24/7 and especially during the storm, there need to be nurses. You should have had an option on which shift you want, but if you ignored the request to state your preference, they will place you. If you do not show up you will be fired, they can do that.

I totally understand your desire to run from the storm, but you are a nurse working in a hospital in Florida. Hurricanes happen and this is standard protocol. Quit now, and save your fellow employees the negative attitude, or suck it up. I am on the A team, my pets will be alone, I worry about my family, but I work at a hospital in Florida and this happens.

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Specializes in NICU/Mother-Baby/Peds/Mgmt.
On 8/31/2019 at 2:10 AM, kardz30 said:

Cool beans, only a few people actually said something specific instead of speaking to generalities and without going off topic. ORBSN, Jedrnurse, thanks for the answers.

Muno, I don't know what condition of my nursing license obligates me to work more than 12 hours. The simple reality is I don't work on generalities because a few states have laws on the books. I'm also not a robot, I want to know the specifics and scope of those laws. I don't listen to government or employers, really any entity at all blindly. I've got my own personal endeavors to be concerned for, and will be concerned for them...but I can't be expected to stay in a hospital for any excessive amount of time beyond what law requires (14? 16? hours).

No one is citing anything per law or policy. In fact the issue isn't my schedule changing or anything, it's really just being "forced" to stay within a hospital for far more than a shift and some extenuating circumstances in mind, pay or otherwise. At which point labor laws become an issue.

As in anything, it doesn't matter who you are...you can't just demand things arbitrarily and expect people to follow it outside of whats reasonable. Keeping employees confined for 3-4 days is unreasonable. At least it is without laws or policy either from a healthcare agency or a statute. The only thing i'm asking is for the literature that backs it up.

There are people that think i'm somehow obligated by virtue or because a few states will arrest you, or because i'm a nurse and that's what nurses "do". I don't play the virtue or generalization game. Literature, literature, literature. If there's rules show me the rules, otherwise don't force me down a path. I'm not cattle. In this field, you have to know the law or be willing to question what the law/policy is or you'll potentially lose your license at some point or get taken advantage of. Being a nurse might be a noble thing, but the industry most certainly is not.

Karen, ethics are just propaganda without a law to back them up. It's all virtue signaling of what "ought" to be.

I've had to stay at military and civilian hospitals during hurricanes and I've never had to work more than 12 hours. They're smart enough to make sure there are enough people there who can work. And unless the hurricane is REALLY slow moving you won't need to stay 3-4 days. Even during Alicia in Houston in the early 80s I worked my regular night shift, "slept" at the hospital that day and they let us go home about 10-11 that night when the hurricane was over. And I've only had to stay one night when I was in the military too. If there's a curfew in effect or the city/state says no traveling unless it's an emergency or you're emergency worker (cop, fire ambulance etc) you can get in trouble for going home as that's not really considered an emergency because you were already at a safe place.

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Specializes in Surgical Specialty Clinic - Ambulatory Care.
On 8/30/2019 at 7:04 PM, NRSKarenRN said:

ANA Issue Brief: Who Will Be There? Ethics, the Law, and a Nurse's Duty to Respond in a Disaster

Emergency Preparedness Rule - Centers for Medicare ... - cms.gov

Comprehensive Emergency Management Plan | Florida Disaster

Thanks for this information.

So basically the ANA says we have a moral obligation to answer the call of putting patients first but not to the point that puts our own life in peril. Oh, and if you have family you should make arrangements for others to care for them as you must answer the moral obligation to care for patients as nursing code dictates. Or at least that is what I got out of that. What a cockamamie bull ***. I didn’t join the government or any state run facility. My employer is a for profit entity. Also, it doesn’t matter if they pay me for hours worked, they can’t force me to come in when I would rather be with my family during a crisis unless I’m scheduled to work. But from what I’ve read lately it would be better to not show up to work in a crisis and have them take your license away. At least you won’t end up the fool that went in, crap hits the fan, and then you get charged with aggravated manslaughter. Think about how much more that has to cost than just loosing your license?!

Thank you for this question OP, it is a very eye opening one.

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Specializes in Primary Care, Military.
On ‎8‎/‎31‎/‎2019 at 10:53 PM, mrf0609 said:

As you live in Florida, and work in a level 2 trauma center, I highly doubt that your arm was "twisted". Your facility has a disaster plan and each employee has an obligation to be on either team A, before and during the storm, and team B, after the storm. The reason you can not leave the facility, in the first place is that during the hurricane the facility is on lock down, NO ONE gets in or out. The second place is to ensure that patients are cared for until team B is able to arrive. If you do not like it, do not work in the hospital, it is one of those things, hospitals are 24/7 and especially during the storm, there need to be nurses. You should have had an option on which shift you want, but if you ignored the request to state your preference, they will place you. If you do not show up you will be fired, they can do that.

I totally understand your desire to run from the storm, but you are a nurse working in a hospital in Florida. Hurricanes happen and this is standard protocol. Quit now, and save your fellow employees the negative attitude, or suck it up. I am on the A team, my pets will be alone, I worry about my family, but I work at a hospital in Florida and this happens.

You'd think they would at least find a way to have arrangements for people to have their pets safely somewhere with them, even if crated. I would not leave my dog alone in a house knowing she was likely to die. I couldn't do it. I feel for you and hope that everyone is safe.

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I chose nursing as my profession and I go above and beyond and give a 110% every single shift. Nursing is a wonderful and fulfilling field. I'm so glad I chose this career. I absolutely love working as a nurse, and that's exactly what it is... work. My life does not revolve around being a nurse, nor should it. Because nursing is what I do for a living and not who I am as a person.

I am not an indentured servant nor have a taken a vow to place all others needs above my own. I am an employee and should be treated as such with the same rights and protections as anyone else working in this country, including but not limited to labor laws and the ability to work in a safe, non life threatening environment.

So, NO, I will not commit to working an indeterminate amount of hours/days putting my health and others at risk by sheer exhaustion. And if the facility I work at is in the direct path of near certain death, NO, I will not stay and work putting others lives before my own or my family's. If that cost me my job fine so be it, if that costs me my license then we as nurses need to be making A LOT more than we do.

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On 8/30/2019 at 4:54 PM, kardz30 said:

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.

You are thinking about this all wrong. This is what nursing is about. Everybody can't bail...law or no law.

Do you have children? If you don't, pull on your big girl panties and stay at the hospital and help. There shouldn't have to be a law. If you did, I would probably push back because the protection of your own family, should come first, but those that are able to stay should stay, but if there are two parents, only one should be needed to stay with them.

Imagine you being in a natural disaster and needing medical assistance...how would you feel if everyone left?

You are not only a nurse to the hospital where you work, you are a nurse to the community that you serve.

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I can't even believe your post. Are you serious? People have lost their whole LIVES and loved ones. Their lives are destroyed. You are here asking for rules and regs because you are INCONVENIENCED and being "made" to work OT to help in a DISASTER?? I understand and respect those who stand up for their boundaries and rights, but are you even HUMAN? Unbelievable. I don't care if you read or ignore....but this needed to be said.

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When Irma was approaching SWFL, it was supposed to be an apocalypse. Many people heeded the mandatory evacuation order including public safety and hospital employees that were on “hurricane teams.” Long story short, they were all terminated, and then all promptly given their jobs back. Seems an employer might not have the authority to order you to remain and possibly die...

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Thanks for your input. However, the original post did not mention that her personal safety was directly at risk...unless I missed something. My understanding is that she is upset because she has been ordered, without being given an option, to work OT in a disaster situation. So, she posted to get rules/regs/laws on how to get out of having to work this OT in her state. Did I get any of that incorrect? If your own life is in direct danger, then obviously yes....lose your job, leave the building...get out. It's clear that she is a highly skilled nurse, and they are desperate for everyone's help. However, if you don't have compassion, I don't care how many letters you have next to your name. I understand being a strong person, fighting for your rights and not being pushed around by admin....but 2 cliches should cover this: there is a time and a place....and...pick/choose your battles. I have a hard time feeling sorry for someone who is inconvenienced and put out by being told she has to do something in this specific type of disaster situation.

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35 minutes ago, CC Girl said:

..I have a hard time feeling sorry for someone who is inconvenienced and put out by being told she has to do something in this specific type of disaster situation.

As do I, especially when you live in a state where this happens frequently and it was a known condition of employment.

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46 minutes ago, CC Girl said:

Thanks for your input. However, the original post did not mention that her personal safety was directly at risk...unless I missed something. My

She did not. The government did. Federal, state and local all said her life was in imminent danger. mandatory evacuation.

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Well, basically since she didn’t say anything even close to that in her post and I also do not live near her area, there is no way for me to know that. So I only addressed her post. I think if imminent danger is anyone’s concern, that’s a decision you have to make on your own, not ask for opinions on a post. When you are a trauma nurse with her apparent level of skill in a high risk state, it kind of makes sense that they would expect you to do your job.

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