Nurse Giving Conscious Sedation Without Licensed MD Order

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Nurse Giving Conscious Sedation Without Licensed MD Order

Dear Nurse Beth,

I am currently working in a small clinic doing conscious sedation for minor procedures. Our MD has innocently had his license lapse due to absent-mindedness. If we continue to do procedures and give conscious sedation while the MD is getting his license reinstated, what are the nurse's liabilities?

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Specializes in Tele, ICU, Staff Development.

Dear Liability,

Your nursing license is in grave danger if anything happens or if this is reported.

You are basically practicing medicine without a license. Think about it.

To administer conscious sedation, you need an order from a licensed provider. You don't have one. Therefore you are culpable.

This MD is putting everyone at risk and I would seriously question working for someone this unprofessional.

Specializes in EMS, ED, Trauma, CEN, CPEN, TCRN.

Do you think if you "innocently" let your nursing license lapse, you'd be allowed to work without it? Not on any planet. The physician should not be writing one more order until his license is reinstated. Period. 

On 9/3/2022 at 11:37 AM, Nurse Beth said:

To administer conscious sedation, you need an order from a licensed provider. You don't have one. Therefore you are culpable.

Would just add (for the OP) that this applies to ALL the medical orders from this individual. I'm just imagining a scenario where someone calls him out so he says, "fine...we'll do [x] then..."

Specializes in Vents, Telemetry, Home Care, Home infusion.

Additionally, facility is unable to bill for services provided under this physicians name as without active license. 

I've had an RN license since 9/1982.  Used a new company for PA's required Child Abuse CE this year, entered my SS# and requested info.  They did not have a section for license #.  Well 17 days later, they notified me needed license #.... 2 days post license expiration date 4/30.  Found out PA no longer had 1 week grace period, so had to apply for license reinstatement. Took until 7/13 to get active license.   So it may take some time for this physicians license issue to get resolved.  Thankfully I'm semi retired and was camp RN this Summer, so no problem.

My prior health system had to give back $150,000+ once when a physician had similar issue due to providing care during inactive license period.   System put in place to ensure all licenses active, multiple emails sent re license end date and not allowed to work if not active by end date.

Umm...not to mention that there should be no need for conscious sedation at this time because the provider shouldn't be performing any procedures without an active license...

So many red flags.

Having knowledge of the lapse means you knowingly are breaking the law to continue following orders for care from this physician. Ethically, you should report such status to the State of Practice because there are multiple laws being broken. You are a licensed Professional Nurse and as such can not subject yourself to the risk or knowingly participate. As a nurse with Conscious Sedation experience and ACLS, you can easily find other work.

OMG. No. Don't do that. You know there are always risks. It should be easy enough for the physician to have a friend or colleague cover for him. You have a masters, they'll come right after you if anything happens -allergic reaction to the medicine, patient has a stroke, patient sues because they're not happy with the procedure. Just tell them you are taking a vacation until the doc is legal again. There are sooo many jobs out there. It's not like you're easily replaceable.

Specializes in Critical Care, ER and Administration.

If the physician is still practicing, he is practicing medicine without a license. If you knowingly take an order and follow it, you are negligent and putting your own license in jeopardy. Unless there is another licensed physician present, the office should be closed until the doctor otains his license