License & liability

[Daniel Herkes]

What is the name of your state? Illinois

I hold a professional license for an allied health care field. I have a defined scope of practice and I work under the supervision of a MD. Recently I had to work as a supervisor (cover during an emergency) in an area of the hospital that I have very little experience with. I was acting as departmental supervisor - a regular feature of my job

This has happened three or four times in the past year due to a staffing issues. I was very uncomfortable about the work, and know almost nothing about the types of patients that were under my care. I informed my supervisor in writing of my concerns and asked if they would please train me for the areas I was expected to work in. He refused saying that I should "do my best" and that he would be responsible due to his position as manager. I asked him what the ramifications were for my license and again he stated that there were none, he was responsible. I did not lose my temper and we parted on friendly terms, but I am troubled by his response.

Why must I be licensed if my employer says he is responsible? We have the same credential and I was acting as his proxy.​

What is the limit of my liability due to error on my part?​

Should I be trained to work in all areas that I am responsible for?​

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Thank you​

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[eerelations]

It's unlikely you'll get a useful response here because these forums deal with employment law, and what you're asking about is not a matter of employment law. You're asking about licensing regulations, and really, the people who can best answer these questions are the ones that work at your specific licensing board/association.

 

[Daniel Herkes]

It's unlikely you'll get a useful response here because these forums deal with employment law, and what you're asking about is not a matter of employment law. You're asking about licensing regulations, and really, the people who can best answer these questions are the ones that work at your specific licensing board/association.

Thank you.

 

[adjusterjack]

Why must I be licensed if my employer says he is responsible?

You're licensed because your state says that members of your profession have to be licensed.

While it is true that an employer is typically liable for the acts of the employee, the employee can still be liable for his own negligence. An attorney for an injured patient is not going to care about the distinction. He'll sue both.

What is the limit of my liability due to error on my part?

Whatever amount a jury awards to an injured patient.

That being said, you have to understand the difference between liability and coverage. As an employee you are likely defined as "an insured" under the hospital's liability insurance.

However, what happens to your license depends on the circumstances and your state's licensing laws. You probably needed to learn them to get the license so you should be able to look them up.

Should I be trained to work in all areas that I am responsible for?

Sure.

But "should" doesn't always result in "did." It's up to your employer. Or you can just say no next time you are asked to substitute in an area that you aren't trained for.

 

[Daniel Herkes]

Thank you for the intelligent reply. Must note saying 'no' is not an option where I work. When this has happened I have had to respond. I have gone on record as having wanted further training. I am concerned that I need to file a safety report to CYA. I am not able to completely understand the terms under which I am licensed. I am not a lawyer.

 

[Zigner]

First, saying no absolutely is an option - you just don't like the possible consequences for doing so. Second, if you don't understand the terms of the license that you are working under, then I suggest that you go back to the folks who trained you and ask for refresher trainer. You are expected to understand the requirements, limitations, etc., for the license you hold.

 

[xylene]

Can you seek this additional training you want on your own or as part of CE requirements?

 

[Daniel Herkes]

First, saying no absolutely is an option - you just don't like the possible consequences for doing so. Second, if you don't understand the terms of the license that you are working under, then I suggest that you go back to the folks who trained you and ask for refresher trainer. You are expected to understand the requirements, limitations, etc., for the license you hold.

No, not so. In the scenario I described I was spread very thin having to be shift supervisor, lead resource, and then covering a unit clinically. There was no one else to do the work. I am not going to attempt to interpret the language of the licensure act. I am not a lawyer.

 

[Daniel Herkes]

Can you seek this additional training you want on your own or as part of CE requirements?

I asked, they said no. I'd have to go back to school for a few years. I'm in my sixties.

 

[Zigner]

I asked, they said no.

They told you that you can't go on your own and learn about it?

 

[PayrollHRGuy]

I am not going to attempt to interpret the language of the licensure act. I am not a lawyer.

Then you need to hire a lawyer to interpret to you. But it is still a good idea to read through and do your best to understand the laws surrounding your licensure.

 

[Zigner]

No, not so. In the scenario I described I was spread very thin having to be shift supervisor, lead resource, and then covering a unit clinically. There was no one else to do the work. I am not going to attempt to interpret the language of the licensure act. I am not a lawyer.

If you are licensed, you are expected to understand the terms under which you are licensed. Period. If you don't, then you need to learn.

 

[Daniel Herkes]

If you are licensed, you are expected to understand the terms under which you are licensed. Period. If you don't, then you need to learn.

That would be quite difficult. The license is a general sort of validation. Medical training is specific to the type of patient in the unit in which you operate. All hospitals train employees to work under known conditions that exist in that specific hospital.

 

[Daniel Herkes]

They told you that you can't go on your own and learn about it?

He told me to do my best and that he would be responsible. I don't think you understand the situation. I'm sorry that I have not been clear. Are you an attorney?

 

[Daniel Herkes]

Then you need to hire a lawyer to interpret to you. But it is still a good idea to read through and do your best to understand the laws surrounding your licensure.

That's kind of where I'm heading next. Thank you.