At my new position in an ER it is apparently common practice for one particular MD to not sign his own prescriptions. He leaves it blank and expects the RN to sign it. Is this legal in TX? I’ve never seen this done at any other ER.
On 2/3/2020 at 11:19 AM, NRSKarenRN said:A physician can not delegate signing medication prescription form, especially if scheduled narcotic. That is a violation of federal and state laws.
Federal Law: SECTION IX – VALID PRESCRIPTION REQUIREMENTS
https://www.deadiversion.usdoj.gov/pubs/manuals/pharm2/pharm_content.htm
Texas Regs:
This issue needs to be reported to both Nurse Manager, ED Medical Director and risk management for fast resolution.
RN's signing physicians name on electronic printed prescription prescriber entered into EMR is forgery. RN's can't sign VO DR so and so/ RN signature as done in inpatient setting as that requires physician sign off of order.
This practice needs to STOP. I'm surprised pharmacies haven't questioned variations in physician signature on RX presented to them. Both physician and nurses could be brought up for charges by medical and nursing boards --- better believe physician will throw nurses under bus "didn't know RN's signing my name."
sorry
double post
9 minutes ago, Kooky Korky said:I agree. Just for discussion's sake, though - patients might be going to different pharmacies or to the same one at different times, so various pharmacists are not noticing. Or they're just not picking up on it.
And how could the doctor say he didn't know nurses were signing his name? The doctor's signature isn't on the prescription. The doctor's so-called signature is different on a bunch of 'scripts if more than one nurse is signing them.
And when a nurse calls in an Rx for her/his doctor employer, he or she would say: "This is Kooky Korky, RN calling on behalf of Dr. X. She is ordering ____ for patient _______." Give some pt ID info, give the time, date, and your phone number. And that's it.
but it is not legal to sign someone else's name. I guess with some meds, but I guess not with anything scheduled, you could write on the prescription that it is written by Dr. X/your name, as we do with VO's, TO's, (which should be discouraged for your own protection because docs will not back you up if anything goes wrong, even though you were trying to be so helpful).
But RN's are not allowed to write Rx and certainly may not sign a prescription by signing the doctor's name.
Just call that lazy doctor to come sign his Rx and tell him it's because it is not legal for you to sign it. If he gets mad, show him the state and federal laws you have printed out. If he tells you to get another nurse to sign it, tell him you don't feel right asking a colleague to do something that violates state and federal law and that you can't be involved in something like that at all. If he persists in his demand, ask him why he would want you to do something that breaks the law?
Just curious - how long does it take for the Rx to print out? Does it print out far away from where the doctor is?
On 2/6/2020 at 3:37 PM, TriciaJ said:I really don't think it's just laziness. I mean, does he hand out his chequebook so people can sign his cheques for him? Didn't think so.
I really think he's lining up someone to throw under the bus if something goes awry. Anyway, signing someone else's name on anything as if you were that person: illegal in any jurisdiction. Maybe he'll back you if you get called on it, but I wouldn't rest too easy on that score.
You think he's wacko?
6 hours ago, TriciaJ said:I have no idea. But anyone who signs his name for him is.
This is just one of many issues at the ER, I think I am going to be on my way out.
9 hours ago, Kooky Korky said:sorry
double post
You are right on all of that- makes it a very uncomfortable work environment when you are regularly expected to do stuff like that.
On 2/5/2020 at 8:01 AM, JPnewACNP said:I know in some family practice clinics the nurse and doc have worked together so long they have a shorthand down pat. He tells the nurse to give a shot of whatever and states an arc, nurse writes it down, MD comes and signs the script after making sure it’s correct. What the OP described is incredibly illegal. If that ever happened to me, I would call leadership and go straight up the chain of command AS WELL AS calling the legal department. Our license is too valuable.
What is an arc?
TriciaJ, RN
4,328 Posts
I really don't think it's just laziness. I mean, does he hand out his chequebook so people can sign his cheques for him? Didn't think so.
I really think he's lining up someone to throw under the bus if something goes awry. Anyway, signing someone else's name on anything as if you were that person: illegal in any jurisdiction. Maybe he'll back you if you get called on it, but I wouldn't rest too easy on that score.