Answers by Dorothyanne
Barry, JD, RN
August 16, 2001
In September,
I accepted a position as a registered nurse. I was offered $22 an hour
and accepted this salary. Three weeks later and less than one week before
my orientation date, I was notified that an error was made and that I
would be making only $17.70 an hour. I was making just under $20 an hour
with my previous employer and had turned down $22 an hour to stay.
After many conversations with the human resources department, they decided
in late October to pay me what was originally offered. However, the decision
also was made to freeze my salary until my years of full-time working
experience matched their grid.
Is it legal for them to freeze my salary under these conditions?
~D.Z.
Indiana
No employee is
guaranteed any form of a raise absent a contract or writing to the contrary.
So in effect, your employer can freeze your salary. You did have an oral
contract for the amount of your starting wage and your employer was correct
to honor this agreement.
Inexperienced
nurses
I work at a correctional facility in Washington state. I am an RN and
have worked in the prison system for 14 years. I have been at this institution
a little more than a year as it is a new facility and they have just opened
up the inpatient part of this particular center.
I am the only nurse
with Department of Corrections experience and am used to dealing with
security issues and offenders. My major concern is the opening of the
hospital with inexperienced nurses. They are concerned as well.
They have not been
given any orientation as to the paperwork, tools or basic security issues
of the setting they will be working in. We have made our protests known
to our supervisor and we have notified our union. We would like to know
the legalities of working in the conditions we are in.
This facility is
new to me also, so I feel vulnerable with all the questions that are unanswered.
I know of two facilities in this state with problems in the past with
deaths that have been due to medical understaffing.
What can we do to
protect ourselves, other than not showing up for work?
~S.T.
Washington
Put your concerns
in writing, stating the facts, not your opinions, and get as many nurses
and prison officers to sign as you can. Then send your letter by certified
mail, restricted delivery to your supervisor and to the Director of the
Department of Corrections in your state.
Get a copy
to your medical director and to your union rep as well. It is outrageous
to employ an inexperienced nurse in the prison system without an orientation.
Written policies
What does the law say about techs doing stress tests? I recently have
changed jobs. For adenosine, dipyridamol (Persantine) and dobutamine stress
tests, an advanced cardiac life support RN is required to be in the room
for the tests. Regular stress tests are done with just a cardiologist
and a tech. The tech can't administer the meds and the meds are supposed
to be locked up with only the MD or nurse to have access. Whether we are
stressing the heart chemically or physically, the risks are the same for
the patient.
We do a stress test
called Myoview, in which the RN starts the IV and leaves, and the nuclear
med tech injects the radioactive isotope and the cardiologist and tech
do the test themselves.
Could I be liable
if something happens because I started the IV? Also, would I be liable
if something happens if I start an IV and give CCK and leave the room
right afterward? I can't find a policy at our hospital. I don't feel comfortable
walking in, starting an IV, injecting a medicine and walking away without
knowing anything about the patient. Am I right to be concerned with this
kind of practice?
~B.R.
The last question
is the only easy one to answer and the answer is yes. There is no real
law for these types of matters, which should be controlled by a hospital
or departmental policy.
If you follow
the written policy of your employer, you are "within the scope of
your employment" and you would be covered by your hospital's insurance
should the patient suffer a bad event. That is why you should demand a
written policy to cover any and all of your job duties.
The situations
you describe involve several clinical disciplines, each of which is held
to a different standard of care. (A law scholar could probably write a
major law review article on liability in the situations you describe.)
I would interpret as follows:
In the first
situation (starting an IV only), you have minimal contact with the patient
and an MD is present and the MD would be the responsible individual. In
the second situation (administering the med), you have definite responsibilities,
as nursing standards require that you have both knowledge of the patient
and the medication including contraindications to administration and side
effects.
If I were
in your shoes, I would refuse to administer any medications until you
get a written policy from your employer that specifies who does what in
these procedures.