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Brent's Law

Nancy J. Brent, RN, MS, JD received her Juris Doctor from Loyola University Chicago School of Law and concentrates her own solo law practice in health law and legal representation, consultation, and education for health care professionals, school of nursing faculty, and health care delivery facilities.

Brent has conducted many seminars on legal issues in nursing and health care delivery across the country and has published extensively in the area of law and nursing practice.


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Is it required to co-sign the documentation of a graduate nurse working with a temporary permit until taking the licensure exam?
Friday October 24, 2008
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Question:

Dear Nancy,

Is it required to co-sign the documentation of a graduate nurse working with a temporary permit until taking the licensure exam?

Susan



Nancy Brent replies:

Dear Susan,

State nurse practice acts and their regulations are often quite specific about what is to occur when a graduate nurse works with a temporary permit prior to taking the licensure exam in another state or U.S. territory. As examples, temporary permit nurses may not be able to work in a supervisory role, may be required to be supervised on a 1:1 basis by a licensed nurse on site, and can only work for a specific period of time with such a permit.

It may also be required that the licensed nurse co-sign the documentation of the nurse with a temporary permit. This requirement may be mandated in order to be able to evaluate if both the licensed nurse and temporary permit nurse are functioning under the required mandates.

The term “temporary permit” may have different meanings, and therefore different mandates, under different state nurse practice acts. A thorough reading of the act and its rules would be important in order to clearly understand how this term is used.

It is important that as an RN working with an individual who has a temporary permit, you understand your responsibilities and your rights in this situation. Raising your concerns with your nurse manager, your chief nurse officer (CN0), and the risk manager might help clarify any confusion you experience when working with a nurse who has a temporary permit to practice nursing.

Sincerely,
Nancy



Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.



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