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If the corporate agency I work for is out of state, am I able to vaccinate and use the standing orders of an out-of-state physician?

Monday October 29, 2012
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Question:

Dear Nancy,

I am a new grad working as a flu vaccination nurse. I have standing orders and epinephrine in case of an anaphylaxis reaction. If the corporate agency I work for is out of state, am I able to vaccinate and use the standing orders of an out-of-state physician?

Alex



Nancy Brent replies:

Dear Alex,

Your question raises additional questions that would need to be answered before a more specific response can be made. In which state are you licensed? Is the state in which you are licensed part of the National Council of State Boards of Nursing's Nurse Licensure Compact? If so, is the state in which you are going to administer flu shots a member of the Compact as well?

As you probably know, one cannot practice as a registered nurse without a license in any state in which one wishes to practice. If two of the states are part of the NCSBN's Nurse Licensure Compact, you would not need a license in the second state to administer the flu vaccines, but you would need to go to your state board of nursing to obtain information about how to practice in the second state consistent with the Compact's requirements.

Another question is, how can you be an employee of a corporation in another state without licensure in that state? Are you an independent contractor rather than an employee? If so, what does your contract or agreement say about licensure?

It would be wise to consult with a nurse attorney or an attorney in your state who can help you answer the questions you raise, before you begin to administer the flu shots. The attorney will be able to provide you with specific answers to your questions. Be sure to take any employment or contract documents with you.

Cordially,
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.