This is a very disturbing situation that has already had negative consequences for one person and likely more will suffer if it continues. Although there is no way to predict how authorities will handle the situation if she reports it, for the safety of the people who are being deceived by this fake nurse it seems that some action should be taken. Is there any way she can file a complaint anonymously with the Board of Nursing or the Department of Health? She also might want to consider speaking to a lawyer who handles either employment or medical malpractice issues (not sure which would apply here) and find out if she would be protected by whistle blower statutes for reporting this issue. Ultimately, it's a judgment call on her part whether she just wants to leave the company and forget the whole thing or take action to put a stop to this woman's deceptive behavior.
The question
My friend works for a company that is letting one of the employees pretend to be an RN. She is not an RN.
She does nursing visits in the home, diagnoses people, treats wounds and infections, and bills thousands of private dollars a year and splits it with the company owner.
Nobody ever asks for a copy of her license or questions her integrity. It is all a house of cards, built on lies that will eventually tumble.
They now expect my friend not to tell anyone that "Betty" is not really an RN in the past two months. My friend kept thinking someone would catch on. No one ever asks for proof.
Recently my friend thinks a client may have got very sick because the fake RN didnt recognize the symptoms of a serious problem. That is when she decided to quit.
What is the liability to my friend if she does or doesn't tell the authorities? She has already put in her notice and is leaving the company next Wednesday but she is afraid to turn them in if she is also going to get in trouble for being "in on it".
She wants nothing to do with it and she is sick at her stomach about what to do, afraid she will get in trouble for not saying anything two months ago.
From the LawyerCentral forum archive. Originally posted 26 February 2009 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
3 answers
Your state nurse practice act will have language that specifically states practicing without a license is a crime. Further, employing someone without a license is ALSO a crime. Any nurse who is aware of this going on and not saying anything ALSO is committing a crime and can lose their license.
Each state also has an immunity clause for reporting violations to the board of nursing. You cannot be sued for it.
LawMed
Performing such duty that carries risk of life without authority is moral, ethical and legally crime. You can't risk someone's life just for the sake your earning. Moreover, in such case the employer is also committing a crime. Such practice must be prevented.
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