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Discussion

Liability issues

Is there inherent liability issues with an NP practicing as an RN?

Featured Replies

  • Experts

Talk to your malpractice provider but you are held to the standard of your highest licensure.

This subject has previously been beaten to death. I would like to see one example of someone actually getting into trouble for this.

Now the fact that any NP would work as an RN is just sad. I know it happens.

Not sure how this "highest license" theory would work in practice. Am I supposed to jump up and say " no! 20 units of insulin, not 10!"

Or maybe vice versa?

There is a another rumor floating around that if you are a mental health provider and your patient commits suicide, you will surely lose your license.

Extremely unlikely. Perhaps if you dropped a rope off, along with a knot tying book, it could happen.

In these cases, the Internet is truly your friend.

I welcome any NP working as an RN, and running into a legal snag to come forward.

One more reason not to become an NP if you are not sure you will get at least a 30 k raise to make the endeavor worth your while.

Yeah I mean...like if I disagreed to a NNP’s plan of care, what can I do as a RN? I can’t order drugs or xrays or make a patient NPO. I would let my concerns be known up the chain of command (nurse manager, neo maybe). But any good RN would do that anyway...

Yeah I don't buy the highest licensure thing either, not if you're not practicing in that role. Was talking to a colleague who's a nurse attorney specializing in defending RNs and NPs before the BON and lawsuits and it's not a legal theory she's encountered in her 10 years of legal practice, at least in our jurisdiction.

  • Guides

The statement that you are held to the standard as an NP even when you are working as an RN comes directly from NSO, a provider of personal liability insurance for all levels of nurses. See FAQ's #7: https://www.napnap.org/sites/default/files/userfiles/for_providers/NP_Malpractice_FAQ_NSO.pdf

Carolyn Buppert who is considered an expert in legal issues for NP's do not caution against working as an RN as long as you are hired in a clearly defined RN role you are trained in: https://www.medscape.com/viewarticle/874974 (log-in required).

10 hours ago, juan de la cruz said:

The statement that you are held to the standard as an NP even when you are working as an RN comes directly from NSO, a provider of personal Liability Insurance for all levels of nurses. See FAQ's #7: https://www.napnap.org/sites/default/files/userfiles/for_providers/NP_Malpractice_FAQ_NSO.pdf

Carolyn Buppert who is considered an expert in legal issues for NP's do not caution against working as an RN as long as you are hired in a clearly defined RN role you are trained in: https://www.medscape.com/viewarticle/874974 (log-in required).

Remember there are 50 U.S jurisdictions plus the territories, so it's not cut and dry /one size fits all. That may be true where you live, and might not be true in the next state over.

  • Guides
10 minutes ago, Neuro Guy NP said:

Remember there are 50 U.S jurisdictions plus the territories, so it's not cut and dry /one size fits all. That may be true where you live, and might not be true in the next state over.

Where did I say that this applies to where I live?

23 hours ago, juan de la cruz said:

Where did I say that this applies to where I live?

When you made that blanket statement.

  • Guides
16 hours ago, Neuro Guy NP said:

When you made that blanket statement.

I'm still unclear about any "blanket statement" you are referring to. You quote my post and yet you did not clearly understand the spirit in which the post was intended. I did not state an opinion on the matter even, I merely quoted two opposing views on the issue.

The first one was a direct statement from NSO that has been the source of contention about the liability issue when an NP works as an RN. NSO is not a state-specific organization. They are a provider of liability insurance across all 50 states and they have been consistent in their message on this matter - the message that I linked to in my post which has been referred to here on allnurses since I've been a member in 2004.

My other link was from Carolyn Buppert's response to a similar question posted on Medscape. Miss Buppert is a lawyer and NP who is an expert on legal matters surrounding NP's. She does not recommend against an NP working as an RN under certain conditions which I agree with. Hers was not a blanket statement, but rather, a more sensible and legally sound advice on a dilemma that is asked here on allnurses often.

On 10/8/2019 at 6:14 PM, Oldmahubbard said:

There is a another rumor floating around that if you are a mental health provider and your patient commits suicide, you will surely lose your license.

And you take rumors that make zero sense at face value? This makes no sense. Patients that are determined to commit suicide they will do so.
If a practitioner follows the standard of care they will protect their license. If they are negligent they will be liable. This goes for any condition.

I'm an NP and work as an NP and still have my old RN job as per diem. I may go once a month to work because they are usually short staffed. While I am there my contract explicitly states that I am an RN. I do not change medication orders or start new ones unless I have an order- but rarely does this situation arise anyways. If I think something is wrong with a patient, I call the on-call provider and we always have a discussion on the next course of action, if they order a medication over the phone to be given it goes in as an order they gave and me as the transcriber- this is a correctional facility so the RNs have a standardized procedure anyways which requires minimal input from a NP or MD unless it is an emergency in which case the hospital is 2 minutes up the road from the jail.

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