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Exempt Employee Abuse - Ohio

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  • #16
    It is up to each nurse to protect her license if placed in an unsafe situation. The nurse would not fair well in a court of law if a patient is harmed because the nurse is working an unfamiliar shift and is sleep deprived even if it is because the hospital "required" her to work.

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    • #17
      Originally posted by WorkHorse View Post
      It is up to each nurse to protect her license if placed in an unsafe situation. The nurse would not fair well in a court of law if a patient is harmed because the nurse is working an unfamiliar shift and is sleep deprived even if it is because the hospital "required" her to work.
      Which is why I recommend she contact the nursing board and get their take on it.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #18
        The BRN expects each nurse to use their own good judgement. I've never know the board to make decisions regarding unsafe situations a nurse may find herself in.

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        • #19
          The following is from the Board of Registered Nursing - California:

          "RNs must exercise critical judgement regarding their individual ability to provide safe patient care when
          declining or accepting requests to work overtime. A fatigued and/or sleep deprived RN may have a
          diminished ability to provide safe, effective patient care. Refusal to work additional hours or shifts would
          not be considered patient abandonment by the BRN."

          WorkHorse

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          • #20
            Originally posted by joec
            Hmm does the board have any regulatory power?
            JoeC
            The BRN is responsible for regulating the practice of registered nurses.

            WorkHorse

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            • #21
              Hmmm, taking it a few steps further....

              I'm only speaking as a Licensed Clinical Social Worker who has worked in agencies employing similarly licensed professionals. But, if an agency or hospital were to terminate a licensed professional because they required her to violate the ethics & regs of the licensing board, and she refused to comply with the hospital's orders, a good case could be made for wrongful term, right?

              I know in my state when a licensed healthcare professional refuses to comply with a directive that would compromise patient care, they would get whistleblower protection under NJ's very broad whistleblower statute (even if they never "blow a whistle" to anyone). But in other states without such broad whistleblower protection, wouldn't the professional be protected from termination under "public policy" or "exercising one's legal rights?" Or at least they could make a good case for wrongful termination I would think.

              Just wondering. Not sure if this lady would want to become the test case, but perhaps it's already happened in Ohio.

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              • #22
                Originally posted by KArnold002 View Post
                Elle,

                So you are saying the hospital could require, in their infintesimal wisdom, for my wife to stay there 24x7x365, against her will, and not pay?

                Come on. Yes, my example is ridicululous. But in my opinion, no less so than REQUIRING her to stay there for anything less than straight pay, let alone a pittance. Yes?

                Thank you for responding.
                Kevin

                If she isn't working, she doesn't have to be paid. If she is working, then she does. If she is sleeping, then she isn't working. You might think she deserves regular pay, but it isn't required.

                Be honest, in bad weather such as you describe do you really want her out on the roads? Or would you rather she stay there and sleep where she is safe? Were it my mother who works in a hospital, I know there would be no contest.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                • #23
                  Originally posted by KArnold002 View Post
                  Elle,

                  My wife is able to work comfortably for about 10 hours/day without breaks/lunch. Past that she has back/hip trouble. She used to work 14 hours shifts and no longer can do so.

                  Thank you for posting.
                  Kevin
                  Does she have a formal ADA requested accommodation in place to not work for more than 10 hours? Or does she just not work 12 hour shifts? Even if she does have an accomodation, it may or may not be reasonable to exempt her from working the full shifts in times of emergency.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                  Comment

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