Falsification in Nursing: This is a legal line that shouldn’t be crossed

Faking credentials on business cards raises red flags

A reader asked a few nurse friend whose business cards falsely indicated that she had a BSN degree when she didn’t have one or was in a baccalaureate nursing program. Moreover, in keeping with the reader, the nurse’s immediate supervisor knows that the nurse doesn’t have a BSN, but didn’t require her to correct the fabrications. The reader was unsure where to share this information.

The nurse could actually try to boost her concerns with the CNO, who should intervene appropriately within the situation. The nurse could also report the situation to her state board of nursing, which might investigate the matter and judge whether disciplinary motion ought to be taken. The conclusion is that the reader is describing an example of falsehood, which involves the deliberate misrepresentation of facts and includes behaviors comparable to lying, distortion, and gibberish.

There is not any shortage of penalties for forgery

If someone is falsifying details about themselves, it’s a serious matter since it is clearly misleading, deceptive and reflects in your credibility. But the situation is amazingly serious when a nurse does it.

State boards of nursing may bring skilled disciplinary motion against a nurse if falsehoods have occurred, including in cases where the unprofessional conduct is more likely to mislead, deceive, or harm the general public; using false, deceptive or fraudulent statements in any nursing practice records; practicing outside the scope of 1’s own practice; and violating state or federal laws, rules or regulations regarding controlled substances. In most states, disciplinary motion features a reprimand, reprimand, probation, or revocation of a nurse’s license.

“When someone falsifies information about themselves, it is a serious matter because it is clearly misleading, deceptive and undermines your credibility. But a situation where a nurse does this is extremely serious.”

Unfortunately, document falsification in nursing will not be a brand new phenomenon. A 2012 article by Latrina Gibbs McClenton published within the Journal of Nursing Registration discusses two cases of falsified licensure applications by two different candidates searching for an RN license in Mississippi. McClenton identifies forgery in such cases as the results of “fraud or negligence” and includes failing to reveal a criminal history, claiming or providing a level of education that the applicant doesn’t possess, and using personal information obtained from one other person to use for a license.

Nurse fraud also occurs in other situations. Texas Board of Nursing in its publication “Conduct of lying and falsification,” gives examples of when an individual pretends to be a nurse or when a licensed nurse may claim to have a “broader scope of practice” than is definitely allowed under his or her license. These persons are viewed by the committee as fraudsters.

Perhaps essentially the most disturbing cases of nurse falsification occur in reference to patient care. I discussed one among such circumstances in Brent Act of 17 September 2012, when a hospice nurse incorrectly dated her visits. Although the nurse justified this by not remembering the dates and doubtless “just signed on the wrong day”, it’s difficult to just accept her lack of memory of the appointments when she then adds that she probably gave the fallacious dates. If there have been no memories of the visits, neither date can be accurate, and the problem of forgery is raised as the actual perpetrator.

“Nurse fraud is not only unethical, but undermines legal parameters. Initially, the nurse could face criminal charges at the state or federal level.”

Other examples of nurse falsification of patient care issues include inaccurate entries; medications and coverings documented as getting used once they aren’t; hiding bad results; and staff simply document on charts “in bulk” without knowing of course whether what’s being recorded is accurate (“Falsified Patient Records Are Untold Story of California Nursing Home Care,” California Advocates For Nursing Home Reform).

Nurse fraud will not be only unethical, but undermines legal parameters. Initially, the nurse may face criminal charges on the state or federal level. These charges include fraud (see “Five Years in Jail for Virginia Nurse in Miami Who Falsified Patient Records” at ), falsifying business records, illegal possession of a controlled substance, practicing as a nurse with no license, and petty theft.

If your forgery involves a felony controlled substance or misdemeanor health care fraud conviction, the U.S. Department of Health and Human Services Office of Inspector General may disqualify you from working for any Medicare or Medicaid facility. Nursing councils report disciplinary actions against nurses to the National Physician Data Bank. The databank is utilized by organizations to make decisions regarding licensing, credentialing, privileges or employment.

Forgery can end your profession and even land you in jail. Two words can sum up whether it is best to accept falsehoods from other nurses or practice them yourself: Never.

Courses related to “Maintaining Ethical and Legal Standards as a Nurse”

The purpose of this continuing education module is to offer Texas nursing licensees and people interested by obtaining licensure in Texas with an introduction to the Texas Nursing Practice Act and Principles. Additionally, ethical principles and the six foundations of nurse discipline might be discussed.

This module will enhance nurses’ knowledge of nursing practice regulations and the way they define skilled practice and the rights and responsibilities of nurses as practitioners. Provides information on the provisions contained in most nursing practice statutes and the varieties of violations contained therein, in addition to the rights afforded to a licensed nurse in most nursing practice statutes.

EDITOR’S NOTE:

Nancy Brent’s posts are intended for educational purposes only and shouldn’t be relied upon as specific legal or other advice. Individuals who need advice regarding a particular incident or work situation should contact a nurse practitioner or attorney of their state. Visit American Nurse Lawyers Association an internet site that lets you search a database of referring attorneys by state.