What is Patient Abandonment?
While the terms “abandonment” and “patient abandonment” are not used in the Kentucky Nursing Laws (Kentucky Revised Statutes Chapter 314), the Board has the authority to take disciplinary action in specific cases based on its interpretation of what constitutes professional misconduct.
In Kentucky, a nurse whose behaviors are inconsistent with the safe practice of nursing may be charged with being in violation of KRS 314.091(1)(d) “…negligently or willfully acting in a manner inconsistent with the practice of nursing….” All complaints received by the Board alleging patient abandonment are evaluated on a case-by-case basis. The Kentucky Board of Nursing (KBN) has investigated and disciplined nurses for issues surrounding the concept of abandonment as it relates to the nurse’s duty to a patient.
The position of KBN applies to the licensed practical nurse (LPN), registered nurse (RN), and advanced registered nurse practitioner (APRN).
While it is difficult to specifically state when abandonment occurs, abandonment does not occur when a nurse who cannot practice with reasonable skill and safety leaves an assignment after fulfilling the two obligations stated above. There are employment issues that do not rise to the level of patient abandonment, and thus, are not within the jurisdiction of the Board to address. Examples of employer issues include an employee “no call, no show” situation, an employee refusal to work “mandatory overtime” beyond the regularly scheduled number of hours, and employer resignation policies.
As a guide to nurses and employers, the Board advises that, in general, a nurse who has accepted responsibility for a patient assignment may leave the patient assignment only after:
- Communicating the need to do so with the nurse’s supervisor; and
- Exhausting all reasonable and prudent efforts to place the care of the patients in another nurse’s care.
Nurses have a professional and ethical obligation to provide for patient safety, avoid patient abandonment, and to withdraw only when assured that, nursing care is available to the patient (American Nurses Association - ANA, 2015).