mlkls13

Thank you for your reply. I think maybe my post wasn't clear - my boss is wanting us (employees of the DME company) to get bedside RNs (myself NOT included) to propose the device to the patients to have the patients ask the physician. He is not wanting me to do it, which would be a clear HIPAA violation, he just wants us to get the nurses to do it. My initial thought is that it would create a situation where the bedside nurse is overstepping boundaries of nursing scope, and diagnosing the patient, and suggesting treatment. I am also thinking there must be some sort of regulations against it under the sunshine act regarding solicitation.

I am an RN, but currently I work for a DME company, a device that is available by prescription only. My supervisor is suggesting we ask bedside nurses and case managers to identify patients who qualify under FDA/MCS criteria for the DME device, provide the patients who qualify with a brochure, and have the patient ask the physician about it. As a family member or patient, I would want to know if there was something available that could be life-saving. However, as an RN, I would not be willing to do this. I wouldn't provide a patient with information about a drug I feel they should receive and tell them to ask their doctor. And because this DME device is available only by physician prescription, I would feel the same. Yes, there are commercials for medications that say "ask your doctor to prescribe...", but those commercials have regulations they must follow in order to advertise. I feel like suggesting something to a patient which must be prescribed might cross the line of "practicing medicine", or "diagnosing the patient". I wouldn't say "you're anxious, ask your doctor for Xanax", or "you can't concentrate, ask your doctor for Adderall", or "your blood pressure is high, ask your doctor for Metoprolol", because that would be diagnosing and suggesting treatment. I would have no problem bringing it up to the doctor, but I would never bring it up to the patient. I plan to call the state nursing board to ask, but I'm just wondering your thoughts? Am I over-reacting?