[Opinion]
I am not an attorney, but I try to make a point of understanding how the law works.
[[A staff person became suddenly dizzy with a headache and nausea. One of the physicians was notified to assess the ill staff member. The physician had an RN medicate the ill staff person with Zofran. The staff person is not a patient at our practice and is not in our system as a patient either.]]
Possible legal ramifications or liability for the physician, RN and the practice are "unlikely," but very real. If this was not your "patient," I must assume you did not do the administrative intake paperwork to obtain informed consent. You had the time to do so, and/or you had the ability to contact 9-1-1.
You medicated a person without documenting whether you knew the history of allergies and other medications. If you did obtain this information, the person should have had a chart started and made to be a legal patient. If you did not obtain this information, it could be construed as a form of negligent practice particularly if the person developed an allergic or adverse reaction to the medication provided. The physician implicated the nurse in the potential "assault" if no documented consent obtained. Nursing is much like the military, you should know better than to follow inappropriate or invisible (no documentation) orders. The physician could have provided the medication themself.
There is also the liability of using business assets (medication) without reimbursement. Who owns the office; are you allowed to give away medications for free? Keep in mind, people have been known to lose their jobs for taking home gloves from the workplace. Reallocation without authorization might be akin to theft. An incident report (if written) would at least explain the missing meds/supplies.
Now that the physician has created a provider-patient relationship, do they plan to follow up? Has the office created a delay in this person's care by treating symptoms instead of having the patient properly assessed for potential "Migraine, TIA, vertigo, vestibular syndrome, sinusitis, "hyperemesis" secondary to pregnancy, marijuana use, gastroparesis, or other GI condition".
I hope someone checked the blood pressure and heart rate. Was the patient sent home sick or made comfortable so they could continue to work for the rest of the day? If the person continued to work, there is a risk of a human resource error that could be interpreted as denying sick time. The denial may not be "real," but it could be inferred from the power difference between the staff person and the provider.
Again, all of these issues are possible risks, but unlikely if the staff person has positive outcomes. Keep in mind, doing the NICE thing is not always doing the RIGHT thing.
Aleesa
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Aleesa M Mobley PhD APN (she/her/hers) Why Pronouns Matter Assistant Professor - Clerkship Director [Pain Management/Substance Use Disorder]
Physical Medicine & Rehabilitation - Neuro Musculoskeletal Institute
Lippincott Procedures: Subject Matter Expert - Wolters Kluwer Publishing
Rowan Medicine Bldg., 42 E. Laurel Rd, Ste 1700, Stratford New Jersey 08084
T: 856-566-7010 | F: 856-566-6956| C: 856-230-1229
mobley@rowan.edu | som.rowan.edu
Learning is not attained by chance, it must be sought for with ardor and attended to with diligence [Abigail Adams (1744 - 1818), 1780].
Original Message:
Sent: 6/10/2024 8:12:00 AM
From: Karen Hunter
Subject: RE: Unlicensed staff-processing medication refills
I am looking for opinions and comments on a recent situation that occurred where I work.
A staff person became suddenly dizzy with a headache and nausea. One of the physicians was notified to assess the ill staff member. The physician had an RN medicate the ill staff person with Zofran. The staff person is not a patient at our practice and is not in our system as a patient either. I'm wondering about the possible legal ramifications or liability, for the physician, RN and the practice. I'm not saying that the ill person shouldn't have been tended to, but how far are we allowed to go? I'm assuming my manager wrote up an incident report.
Original Message:
Sent: 12/7/2023 8:37:00 PM
From: Aleesa Mobley
Subject: RE: Unlicensed staff-processing medication refills
Unfortunately, I am in an academic medical center where we use EPIC and the cma is allowed to "load" or pend medications for refills. I accept the policy , but I find it annoying. There is one cma whom I can trust and scan what she has pended; there is "rarely" an error waiting to happen. Depending on the education and experience of the cma, many get the names of the meds confused, such as loading trazodone for the patient who requested tizanidine. If medication reconciliations are not up to date, they may load an expired or incorrectly dosed medication that was already changed. They may pend an expired Rx, or they do not read the last progress note the way an RN would which sometimes indicates a plan to change the dose on the next refill.
I encourage all of my patients to make their requests directly through EPIC's MyChart, so I don't have to deal with possible cma interpretation.
Most of my medication refills are for opioid analgesics, which I do not think the cma should be allowed to touch (my opinion). One helpful cma took it upon themself to load hydrocodone 40 mg ER tab every 12 hours because the patient called and said that the insurance no longer covered their OxyContin 40 mg every 12 hours. The on-call provider signed it. The only problem is that 80 mg a day of hydrocodone = 80 MME: while 80 mg of oxycodone = 120 MME. Big mistake and not helpful. After that one, the cma's were only allowed to pend an order that had been previously filled (not make up their own 'helpful' orders). They also load refills for me on patients that I have not seen in the past 3 months because my name was on the original script, or they believe I will manage the issue sooner than another provider. I have to waste time re-routing it either back the cma or to the past provider who last evaluated the patient.
EPIC does have a lot of ways to increase productivity by implementing the five fingers found on any hand; but any errors remain the responsibility of the licensed provider and any negative consequence are suffered by the patient.
Having the meds routed to the pharmacy before signing sounds like it would require additional EHR programming and IT costs. Keep in mind, every time you remove a safety step you increase your error rates. These processes are creating an artificial way of allowing the cma to take "verbal orders" without "really" taking a verbal order. Why not insist that providers (typically physicians) get organized and do some of their own work?
Giving more skills to cma's who can "type" should not be a replacement for nursing leadership making the argument for why they need an RN in the mix to properly assess, monitor, lead, and/or supervise what the cma does.
Aleesa
---------------
Aleesa M Mobley PhD APN (she/her/hers) Why Pronouns Matter Assistant Professor - Clerkship Director [Pain Management/Substance Use Disorder]
Physical Medicine & Rehabilitation - Neuro Musculoskeletal Institute
Lippincott Procedures: Subject Matter Expert - Wolters Kluwer Publishing
Rowan Medicine Bldg., 42 E. Laurel Rd, Ste 1700, Stratford New Jersey 08084
T: 856-566-7010 | F: 856-566-6956| C: 856-230-1229
mobley@rowan.edu | som.rowan.edu
Learning is not attained by chance, it must be sought for with ardor and attended to with diligence [Abigail Adams (1744 - 1818), 1780].