Ultrasound Tech Telling Patients She is a Nurse

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I work with an ultrasound tech that tells patients and other doctors that she is Dr. So and so's nurse. She functions as his nurse, but she isn't a nurse. I am the only nurse working in the office. I do not want our practice shut down because of her actions. Am I overreacting? Can I be held responsible for her actions?

Specializes in NICU/L&D, Hospice.

I disagree that "this" one should just be overlooked and ignored. She isn't a nurse. Again...she isn't a nurse. Why doesn't just call herself the "physician's assistant"? She assists him with everything. But...she isn't that either! She is a tech. I don't care how educated she is. She didn't go to school to be a nurse, therefore...she isn't. What is it with "oh, this tech can call herself a nurse, but this person can't cause I don't think they took enough college to equal what I had to take."??? The patient has the RIGHT to know who is taking care of them. If she has so many duties that she has a hard time sucking in enough oxygen to correctly inform the patient what her legal title REALLY IS, then she needs to just shorten it to Ultrasound Tech. I think 99% of patients would understand exactly what she does.

As far as "teachers", no, I never did think about the daycares that have staff calling themselves teachers. I can see how someone might be confused with their credentials. I didn't think that the title "teacher" was protected by law. Since I was a little girl going to church, I always refered to my Sunday School teacher as teacher. What should they be called?

As long as the public thinks they are being cared for by a college degreed, textbook studying, care plan making nurse...the doctors will continue to get away with fooling the public while pocketing the change at our expense.

Remember...United we stand...Divided we fall. MinnieMi...are you nurse?

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Specializes in Critical Care.
Nothing will come of it. Unless she is using a fake license or at least signing documents with "RN" then nobody is going to care if she says she's a "nurse".

If not having a license meant that people couldn't use the title of "nurse" (as opposed to "registered nurse") then I'm pretty sure every facility in the world would be shut down considering there is SOMEONE in every office/hospital/ltc facility saying they are a "nurse."

Not completely true, depending on what state you are in. In my state the term "Nurse" all by itself is a protected title. If someone refers to themselves as a "Nurse" then they must be licensed as an APN, RN or LPN, otherwise it's punishable by law.

A guide to protections of the term "Nurse" by state:

Title "Nurse" Protection: Summary of Language by State

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From the Mississippi Nurse Practice Law

Effective Date: July 1,2012

73-15-3. Purpose.

In order to safeguard life and health, any person practicing or offering to practice as a registered nurse or a licensed practical nurse in Mississippi for compensation shall hereafter be required to submit evidence of qualifications to practice and shall be licensed or hold the privilege to practice as hereinafter provided. It shall be unlawful for any person not licensed or holding the privilege to practice under the provisions of this chapter:

(a) To practice or offer to practice as a registered nurse or a licensed practical nurse;

(b) To use a sign, card or device to indicate that such person is a registered nurse or a licensed practical nurse.

Any person offering to practice nursing in Mississippi must be licensed or otherwise authorized to practice as provided in this chapter.

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In the case the OP mentions, I think it's okay that the tech refers to herself as a nurse.

Let's be frank, does she really have the time to explain the complicated mess of different health care roles to a general public who couldn't care less? She probably deals with a lot of pts every day and introducing herself as the "nurse" keeps things flowing quicker.

I'd place this in the "who cares" category. It's the lesser of two evils.

Yes but it's the thin edge of the wedge. You start going down a very slippery slope when this tech can call herself nurse but not that one. What happens if this tech someday starts working in a hospital or similar facility? Then there begs the question if one physican's group gets away with this where does it all end. Soon could have every tech or whatever in a private practice suite calling themselves "nurse". The real danger comes when these persons either go too far either from drinking their own Kool-Aid or pushed by their employer.

Don't think many realise the battle fought by the nursing profession to have the title "nurse" (as in RN or LPN/LVN) protected by state laws. Quite allot of the fight came from the various charwomen, lay midwives, and so forth that though not professional nurses with formal education had been earning a living at it and didn't take kindly to "trained nurses" pushing in.

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Specializes in ORTHOPAEDICS-CERTIFIED SINCE 89.

Looking at the ANA site there are only 33 states listed. I was sure ALL states had this regulation. Anyone know who's missing?

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I have two points of view on this.

I get annoyed at CNAs who tell pts and family outright "I'm your nurse." they know better. I will tell these aides they should not be telling people (especially family) that they are the nurse.

Then you have the patients (usually pleasantly confused little old people) who call anyone who feeds them or changes their briefs "my nurse". Who cares in this case? I know the CNAs don't bother to correct them. Neither do I. What would be the point?

Also, I think a UAP CAN technically do anything a nurse does in a doctors office setting. A doctor can delegate anything he sees fit, right?

Back in my day as a NA nurses still mainly wore caps but we all wore whites. The only way you could tell who was a nurse was really by who wore caps or not. Gradually as nurses stopped wearing caps but we all were still in whites it was natural for patients and others to be confused. We NAs were always told if someone requests a *NURSE* we were tell them we were only aides and fetch the RN or LPN. If someone called us "nurse" in conversation or so forth again we were told to politely but firmly let them know. If a nurse, especially the head nurse anyone else in administration/management caught an aide or tech calling themselves "nurse", they'd probably would have either gotten a stern warning, or simply shown the door.

As for a nurse's duties in a physican's office the state's nurse practice act dictates the duties of RNs, LPNs and Nursing Assistants. If the act states for instance a certain med must be prepared and administered by a RN it does not matter if the setting is a hospital or doctor's office. As a professional RN or LPN you are working under your own license in a doctor's office. Anyone operating out of the scope of practice as defined by the state is subject to disciplinary and or legal action. Saying "the doctor told me to do it" won't work in a hospital setting nor in private practice.

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If you work with her, aren't you the nurse? If her practice involves ultrasounds, isn't she the ultrasound technician? If her scope of practice in the office is limited to what she is registered to do, not sure why she would say she was a nurse when she doesn't do any nursing duties. I am sure you are not doing ultrasounds, and saying you are the ultrasound tech. I would ask if perhaps she could identify herself as the ultrasound technician. If she is calling herself the nurse, and you are the nurse, people are apt to get confused. With that being said, if she is registered to do radiology, then it is her licesnse on the line if she screws up, or acts outside of her scope. Doctors offices are different, however, as MD's can have anyone working in their offices as their assistants, as it is on them if an unlicesned person makes a mistake. Sounds to me though that if the person is "registered" in radiology, they also have a license to protect, and may be working outside of their own scope, and perhaps need to be mindful they are putting their own education on the line.

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Looking at the ANA site there are only 33 states listed. I was sure ALL states had this regulation. Anyone know who's missing?

This may help clear a few things up for you. Protecting Nursing's Scope of Practice | Position Statement | NYS Nurses Association

Apparently many states regulate and or have protected the titles "registered nurse" and "licensed practical (vocational) nurse", but not the word *nurse*. Therefore it leaves a gray area where UAPs and others can call themselves "nurses" without running afoul of any laws or regulations.

Who knew?

This is how Colorado dealt with the issue: http://www.cde.state.co.us/HealthAndWellness/download/nurTitleNurseProtected.pdf

One state I didn't see on the ANA link was New Jersey, so decided to look them up and found:

http://www.njconsumeraffairs.gov/laws/nursinglaws.pdf

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Wonder why she doesn't go for the gold and call herself a physician or a nurse practitioner? Just curious :rolleyes:

The Texas BON publishes a nurse imposter list about twice a month or so with names and pics of people that have represented themselves as nurses but don't have the credentials. In almost all of the cases, the district attorney gets involved.

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
Looking at the ANA site there are only 33 states listed. I was sure ALL states had this regulation. Anyone know who's missing?

Shocking....but all states don't. Although I know New Jersey isn't listed and it has laws that protect the title nurse.

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
they can....and they do.

it's just that in this case...she's kind of right.

if it weren't that she was calling herself a "nurse" it would be "this woman i work with who is certified in everything feels the need to tell every patient all the degrees and certifications she has."

i think the intent behind it matters. her intent is to simplify her title and the OP even said, "she functions as his nurse."

if she weren't highly educated in the medical field and didn't "function as his nurse" then it would be a totally different story. everything has an exception, and for me...this is one of them.

but i knew some people wouldn't agree with my take on it which is why i said it's my opinion.

It is your opinion......as a nurse you should care.

The level of education this individual possesses is irrelevant. This person has not been to nursing school or sat for Nclex.......this person is wrong and unlawful....... She MAY NOT USE the title Nurse.

Regardless of what "nursing duties" the MD allows her to perform, in the office setting, the fact remains that she is NOT a nurse and many states have laws that protect the title nurse.

About half of those states have mandatory reporting laws that if you are aware there is someone using the title nurse unlawfully you must report it or be considered duplicitous as well....with fines and/or disciplinary action against your license. The remaining states ALL have legislation pending.

The ANA (American Nurses Association) Title "Nurse" Protection

Background

Restricting use of the title "nurse" to only those individuals who have fulfilled the requirements for licensure as outlined in each state's nurse practice act is a protection for the public against unethical, unscrupulous, and incompetent practitioners. Nurse practice acts describe entry level qualifications such as education, practice standards and code of conduct for continued privilege to practice nursing. Limiting use of the title "nurse" to only those who have satisfied the licensure requirements ensures the protection the public deserves.

At least 37 states are known to have language in their Nurse Practice Act; either explicit in restricting use of the title "nurse" to only those who are licensed or implicit language restricting use of any words implying the individual is a licensed nurse.....

As of 05/09/2012 Disclaimer: Every effort has been made to include all legislation enacted, but omissions are possible

AR, AZ, CA, CO, DE, FL, GA, HI, ID, IL, KS, KY, MD, MN, MS, MO, MT, NE, NV, NM, NY, NC, ND, OK, OR, RI, SC, SD, TN, TX, UT, VA, VT, WA, WV, WI, WY

Title "Nurse" Protection: Summary of Language by State

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Specializes in Oncology.

I would just flat out tell her that it is illegal to use the title of nurse unless you have a license to practice nursing and you feel as if her using the title is disrespectful to you and your education and you find it very rude and insulting, as well as the fact that she could be severely disciplined for wrongfully passing herself off as something she is not. I hate people who call themselves nurses and who aren't licensed. Newsflash- Unless you have an LPN or RN license- YOU ARE NOT A NURSE.

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