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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32318
Experience:  Began practicing law in 1992
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Good afternoon,

Customer Question

Good afternoon, My name is***** have been an RN for 24 years. I have experience in Critical care, ICU/CCU/ER/PACE/HOME ANSD HOSPICE etc. This is my dilemma. I AM TRING TO UNDERSTAND MY HOW I CAN RECEIVE A GRANDFATHER CLAUSE FOR RNS THAT ARE IN THE SAME POSITIONS. have a associates degree in Nursing and now they are not hiring nurses unless they have a BSN.VERY IMPORTANT TO KNOW THAT BSN AND ASSOCIATE DEGREE NURSES HAVE ALWAYS AND STILL DO TAKE TO SAME STATE BOARDS. ONE OF MY FELLOW NURSES WITH ONLY AN ASSOCIATE DEGREE DID JUST GET GRANDFATHERED IN R/T HER LENGTH OF TIME THAT SHE HAS WORKED THERE AND IS ALSO PROTECTED BY TOHE UNION. I DID SPEAK WITH THE ADN FOR RI AND SHE stated that there is no existing clause for nurses being grandfathered in. I am single and own my own home, I will have to see if I qualify for financial aide and now again in my late 40s have to pay a student loan. Please note that I did start matriculating at XXXXXXXX in newport RI however withdrew only because i wanted to invest in a home for myself. My mother was a single parent, did not graduate the 10 grade however has a masters in health care administration with all As. I almost feel I have all her degrees R/T osmosis. I realize that each institution can require A BSN if they want to. Do you ave any ideas R/T what I would have to do to obtain a grandfather clause?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. You don't actually "obtain a grandfather clause". A grandfather clause is just a shorthand way of saying a law doesn't apply to you because it was enacted after you had obtained a certain right and therefore you are exempt from that law.
Expert:  Dwayne B. replied 1 year ago.
However, if you are wanting to claim some kind of exemption from a law, and your facts are a little confusing so I'm going to address it in general terms, then the best way to do that is to hire a local lawyer to send a letter to whatever governmental agency is seeking to enforce the "new" law or rule and explain to them why you are exempt as well as citing the specific facts and case law that apply.
Expert:  Dwayne B. replied 1 year ago.
Usually this letter will get a response acknowledging that you are "grandfathered in" but if the state still takes the position that the law applies to you then the only other step you can take is to file a lawsuit seeking a declaratory judgment from a court. In the court order the judge would state that due to your specific facts the new law/rule doesn't cover you and the state is prohibited from enforcing it against you. Please ask any follow up questions you have in this thread. However, please be patient as I may be assisting someone else and it can take a while to get back to you.
Customer: replied 1 year ago.
Thank you very much for responding to me. I have canceled and requested to delete my submission. where can I go to discontinue my subscription. Thank you *****
Expert:  cristinab-cssm replied 1 year ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you. (http://www.justanswer.com/law/963jv-good-afternoon.html).
Thank you, ***** ***** Customer Support Team.