Published Nov 21, 2005
lewwilann
15 Posts
So can a staff nurse report an aid to the BON? I had an aid come in say hi get her paycheck and a note left for her, I think punch in, chat for a few seconds with staff then just leave. That's it. Reportable or not?
Agnus
2,719 Posts
That depends. Some states the BON certifies CNAs. Other states it is an different entity such as the Board of Health and Human Services. Find out who certifies CNAs in your state.
You are not clear about what you would be reporting. It sounds like you are suggesting patient abandonment. If this person did not accept an assignment she is not abandoning her patients, even if she clocked in despite what the employer says.
Depending on the circumstances it could be considered job abandonment. (not a crime) It is job abandonment only if the employer wishes to call it that. It is up to the dept of employment security to make the final decision on it, provided this person is fired for this action and files for unemployment and the employer challenges their right to collect based on job abandonment.
I faced a simular situation myself. I was acused with patient abandoment. I clocked did not have a specific patient assignment was ill stated I was leaving because I was ill and did so. As an aide I was reported to the BON which said there was no evidence I had broken any regs of the BON. I won my case for job abandonment as well with the unemployment folks.
Job abandonment is not a crime. Pt abandonment is. The laws are clear on what is and is not patient abandonment. Employers try to twist this around.
As to your question about your right to report someone. You not only have a right you have a responsibilty to report when you see a violation of the law or BON regs.
However, please, be very clear about what it is you are reporting. Be prepared to be questioned at length under oath about anything you report. In other words have your facts straight. If there is any hint that a reg or law has been broken you will be called in to testify. My daughter reported a NP for unprofessional conduct. She had to testify under oath and was questioned at great length by armed BON investigatiors. The point is this is serious stuff and you should treat it as such. Don't waste the BON's time with trivial stuff. Their job is to protect the public from unsafe practice. I do not see at first glance any hint of this in your post.
CoffeeRTC, BSN, RN
3,734 Posts
Thanks. I'm thinking everyting over. It was more of job abbandonment. She left without telling anyone, but never started care (It was and 11-7 shift and they don't start rounds until 12 or later). I think she just made alot of people mad. What stinks is that you can go to job to job and do this. In our states they are certified Aids.