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Is it really illegal to require BSN(NJ)?Rating: (votes: 0) I was under the impression that my hospital would no longer hire ADN nurses since we became magnet. But we asked another RN on the unit who is on the UPC if it was hospital policy that RN's must have BSN, she said no it was not hospital policy and that it was illegal to require nurses to have BSN. I thought this was strange.... I know as Magnet, we require a certain percentage of BSN's like 75 or 80% is this true? when I finish school could be manger hire me if she really wanted to? We have a few ADN's on the unit who were hire the same week we became magnet... Is it illegal to require new hires to have a BSN, which is what she said? or is illegal to require ADN's to obtain a BSN to keep there job, which would make more sense? Why would it be illegal? As long as their not discriminating based on gender, race, or religion, they can set whatever educational requirements they want.They are under no obligation to hire ADNs. There is no state or federal mandate that states ADNs must make up a percentage of staff nurses. Comment:
It is not illegal.The only legal requirement is that the employer appropriately licensed individuals to fill positions. They are free to have additional requirements if they see fit.Magnet requirements are not legal mandates.
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They could require you to have a PhD if they wanted to, not that they would fill many positions.
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Quote from FribbletWhy would it be illegal? As long as their not discriminating based on gender, race, or religion, they can set whatever educational requirements they want.They are under no obligation to hire ADNs. There is no state or federal mandate that states ADNs must make up a percentage of staff nurses.
Comment:
LEGAL? No, but your facility may REQUIRE their RN's that they hire to have their BSN, otherwise they can choose not to hire them. I think with Magnet, you have to have a certain percentage of RN's w/ BSN or higher... I work at one, but I have mine, so I don't pay much attention to it. Something about Magnet has to do w/ RN to patient ratios, which do not apply to the ER, so again, I've ignored this. Now only if they also offered higher pay to RNs at a Magnet facility... then I might pay attention!
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Quote from MassEDLEGAL? No, but your facility may REQUIRE their RN's that they hire to have their BSN, otherwise they can choose not to hire them. I think with Magnet, you have to have a certain percentage of RN's w/ BSN or higher... I work at one, but I have mine, so I don't pay much attention to it. Something about Magnet has to do w/ RN to patient ratios, which do not apply to the ER, so again, I've ignored this. Now only if they also offered higher pay to RNs at a Magnet facility... then I might pay attention!
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Yeah i didnt think it was illegal that's why I was so surprised that she said that....she also said it wasn't a hospital policy that RN's must have their BSN.....So if it is NOT hospital POLICY that RN's have their BSN's....could my manager hire me with my ADN if she really wanted to?
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Yes, she could hire you if she chose to hire you, if her hospital allows it. When it was said that it was illegal to hire someone without a BSN, maybe the meaning was "highly frowned upon by powers that be" rather than that someone would be arrested....
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Quote from mamaxmariaYeah i didnt think it was illegal that's why I was so surprised that she said that....she also said it wasn't a hospital policy that RN's must have their BSN.....So if it is NOT hospital POLICY that RN's have their BSN's....could my manager hire me with my ADN if she really wanted to?
Comment:
I agree with the advice to just ask your manager if she can hire you with an ADN. The conversation could go something like this: "Hi, my name is Mamaxmaria and I'm currently working for you as a PCT in the ICU. I am also working towards my ADN at Local College and expect to graduate on <insert date here>. I am so incredibly excited about the prospect of working as an RN in an ICU! I would love to work here, but I know that there's currently an emphasis on hiring nurses with BSNs. Are you also willing to consider an RN with an ADN? If so, here's a copy of my resume. I would love to discuss my career options with you at your convenience." Best of luck to you!
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New Jersey is just preparing for the future.http://www.njsna.org/displaycommon.c...articlenbr=380By requiring education to be higher than the minimum is common for health care professions. Hospitals are advertising for the DPT in Physical Therapy although not all states have increased their licensing to that level. Respiratory Therapy was hiring A.S. degreed therapists long before it was required and now are only wanting Registered instead of certified. Speech and OT also started listed the Masters degree. Employers may want a Masters degree for PAs even though their state does not require it...now but may in the near future. Nurse Practitioner positions are now including the Doctorate in their listings. Trying to encourage staff members to go back to school to get a BSN or whatever degree is a lot more difficult even with tuition reimbursement once that employee has the job and believes they are good enough or better than those with more education and training. Of course there are professions such as RT and PT that placed a little education requirement in their hiring agreement that the employees will increase their education as licensing increased regardless of the state grandfathering exception.
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It may not apply in this situation, but there is a legal standard used by both federal and state couts/governments to determine if the requirements for a position including exams harm a particluar group, thus discriminate against a protected class.Known as "disparate impact" it has been used as a tool by many groups in court to force changes in how a company or whatever hires everything from law enforcement to firemen and so forth.If all professional RNs licensed within a state are the same under the law, a hospital is going to have to find some creative way to enforce a "BSN only " hiring policy. What they can say is "BSN preferred", but to exclude diploma and or ADN graduates in favour of four year is simply inviting members of the later group to sue (sooner or later) in court if they feel harmed.This is the whole problem with every single state's practice act that treats all RNs as " nurse is a nurse is a nurse". Aside from several extra years of study there isn't one thing different about a BSN grad on paper as far as her/his license in concerned. Even ag so called "magnet hospitals" you still find a blend of RNs with different education levels (ADN, dilompa and BSN). For a hospital to out right state it will only hire one type of graduate over another in print and practice is going to require more than some oft quoted study to back up that decision.
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