Licensure Question??

[MBrickle]

Hi all,

I recently graduated from school and passed the nclex. I was lucky enough to secure a PCA job for a chronically ill child before graduation, and since, have begun the process of getting hired through the home care company that supplies nurses (16 hrs/day) for this child.

The mother is having issues with her nursing hours - telling the agency she wants to hire me for Wed and Fri, but telling me that she wants me to work Wed, Fri and Sunday. When I mentioned this to the agency they brought up the issue of her hours and how she would not have enough to employ me for three shifts (the agency will put me on another case so that I am working 40hrs/week.) The mother often asks her nurses to work an hour or so late on most day, which is fine since none of the other nurses work 40 hours. Since I will be working 40 hours, I will be unable to stay late as the agency will not grand overtime.

The mother has alluded to the fact that she wants to pay me in cash for extra hours I work (including, potentially, the entire shift that she doesn't have the hours for.) This is strictly against the policy of the homecare agency and could get me fired. If I get fired or if I quit before I have been employed for one year by this agency, I owe the agency $5,000 to make up for money spent on training me.

I told the mother that this was against the policy of the agency and, per the agency, they said I could lose my license. The mother said that she has verified that I won't lose my license by accepting cash, but yes, it is against the policy of the home care agency. I'm very irritated that she doesn't seem to care about me possibly losing my job over this, but I'm noticing alot that in home care parents seem to push for whats easiest for them, no matter what rules they are breaking.

My point is this: I plan to tell mom that I will not accept cash payment in any way, shape, or form because I absolutely cannot afford to lose my job. What I am wondering is this: What is the ramification that I may face from a licensure standpoint? I'd like to know, if, in fact, I would potentially lose my license for accepting cash payment from her over-and-beyond her hours? I'd just like to have more info to back myself up in case the mother pushes back.

Thanks!

[rn/writer, RN]

Since each state BON has different licensing regulations and standards, you would have to find out what the rules are in your state.

Click on the link at the bottom of the page for Boards of Nursing, and see if you can find anything on your board's website that would answer your questions.

Or go to the Region tab and post in your state forum.

You're wise to be cautious and protective of your license. Hope you can find the answers you're looking for.

[merlee]

It isn't a matter of accepting cash for the extra time - - it's a matter of protecting yourself from any type of accusation if something goes wrong while you are not under the umbrella of the agency.

It is one thing if mom isn't home by the time you are supposed to leave, and you call your agency to let them know. It's totally another if mom pays you 'under the table' for your time. Who will protect you and your licence from a 'mom said/nurse said' issue if something is wrong with the child?

The answer here is - - "I am very sorry but I cannot work any hours that are contracted through my agency". No other answer is needed. Same answer every time. Do not deviate!!!

Best wishes!!!

[rn/writer, RN]

Let me take this opportunity to encourage you to get professional Liability Insurance if you haven't already done so. For about $120 a year, you have someone in your corner, and believe me, HH has a lot of potential for things to be misunderstood or go wrong. That $120 is less than you'd pay for one hour of attorney service if you needed legal help and didn't have the insurance.

This is one really important thing you can do to protect your license.

[elkpark]

Completely apart from the licensure issue(s), there is also the question of tax liability if you're getting paid "under the table." I wouldn't touch this situation with the proverbial 10' pole.