The ANA supports a nurses decision to reject an assignment in these situations, even when a nurse is not afforded specific legal or contractual protection for rejecting the assignment. The ANA states that nurses should reject any assignment that puts patients or themselves in serious immediate jeopardy. In an emergency situation, as long as a nurse can perform at the minimum level required by the law, that of a reasonably prudent nurse in similar circumstances, a nurse should not refuse an assignment. Perhaps the best way to avoid this problem is with open communication with your supervisor, assuming that it is not an emergency situation. Unfortunately, the realities of nursing work sometime make it difficult or impossible for a nurse to refuse an assignment without risking being labeled as someone who is not part of the team or a malingerer.
Although a surgeon would never be asked to cover for an oncologist, nurses are often required to float to other departments in an attempt to cover staffing shortages. However, the pressures of a workplace often force a nurse to accept and attempt an assignment for which she is unqualified. No nurse can be forced to perform a task she is not qualified to perform. A nurse therefore has an affirmative duty to refuse an assignment if she is unqualified to perform it. For example, a licensed practical nurse must determine before the performance of any task that he has the knowledge, skill and experience to perform the task competently.
In fact, nursing regulations mandate that nurses ensure that they are competent to execute a task before attempting it. In Nevada, the law specifically requires that nurses be competent in their duties. REFUSING AN ASSIGNMENT BECAUSE OF QUALIFICATIONSĪ nurse who performs a task for which she is unqualified faces potentially devastating consequences, both professionally and financially. This chapter tries to find some middle ground through which a nurse can avoid both legal liability and adverse employment consequences while maintaining her personal ethical standards. Again, failure to perform may sometimes mean discipline, but for many nurses, adverse employment actions are preferable to carrying out a task that is morally objectionable. For instance, what should a nurse do when ordered to perform a task for which she does not feel qualified? Should she refuse and face possible workplace discipline, or should she attempt the task and face possible liability? Even when a nurse is superbly qualified to perform a task, however, sometimes issues of conscience may prevent her from fully performing the task. The unique role that a nurse plays in the health delivery system often puts her in what seems to be a no-win position. The Nurses Decision 6:13 THE RIGHT TO DIE 6:15 Supervisors Responsibilities 6:5 REFUSING AN ASSIGNMENT BECAUSE OF CONSCIENCE 6:7Ībortion 6:8 QUESTIONING A PHYSICIANS ORDER 6:9 POLICE REQUESTS 6:11 INTRODUCTION 6:1 REFUSING AN ASSIGNMENT BECAUSE OF QUALIFICATIONS 6:2
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