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nurse practice act

legal and ethical issues in nursing chap 10

QuestionAnswer
• Professional Licensure The legal process granting permission to perform designated skills and services, Issued by governmental agencies
Professional Licensure The legal process granting permission to perform designated skills and services, Issued by governmental agencies
State Boards of Nursing Enforce nurse practice acts, Nurse practice acts set specific parameters for membership on the board
Role of the board Governs its own operation and administration, Approves or denies schools of nursing, Regulates specialty practice, Disciplines those who violate license requirements
Mandatory Licensure All states have mandatory licensure requirements for RNs
Permissive Licensure Can perform nursing actions as long as they do not call themselves RNs, No longer in action since 1938
Institutional Licensure Institution has the right to decide who is qualified to perform tasks and duties, Proponents claim it gives nurses more flexibility to practice
Nurse Practice Acts Define nursing practice, Give guidance within the scope of practice issues, Set standards for the nursing profession
Elements of Nurse Practice Acts Licensure Across Jurisdiction, Disciplinary Action and Due Process Requirements, Penalties for Practicing Without a License
Licensure Across Jurisdiction Reciprocity, Endorsement, Licensure by, examination, Licensure by waive, Temporary licensure, Foreign nurses
Disciplinary Action and Due Process Requirements Private and public reprimand or censure, Probation, Suspension, Refusal to renew license, Revocation of license, Imposition of a fine
Disciplinary Action and Due Process Requirements Follow state administrative law, Nurse allowed due process rights, Losing side can appeal the decision, Common reasons
Penalties for Practicing Without a License Fines or imprisonment can be imposed, Civil suits
Within Medical Practice Acts There Are Parameters for delegation of actions and skills to be performed by a nurse, Standing orders and protocols
Ways to Avoid Scope of Practice Issues Institutional policy and procedure, Nurses must be current in their practice, Listing accepted procedures in nurse practice acts
Nurse’s Right to Refuse an Assignment 1996 JCAHO standard
Continuing Education for Practicing Nurses Mandatory or Voluntary, Debate centers on mechanisms to ensure continuing competency
Certification Indicates level of competence above minimum criteria, Has both legal and professional implications
Alternative Therapies Uniform standards of practice do not exist and will vary from state to state, Patients need to be informed regarding use
Multistate Licensure and Mutual Recognition Compacts Technology advances give rise to practice across states that challenge boundary definitions of licensure
Jurisdiction Licensed in the state of residence, “home” state
Discipline State of residence and remote states can take disciplinary action
Information sharing Coordinated license information system
Administration of the interstate compact Head of the nurse licensing authority in each participating state
Nursing Concerns Standards within the state will be weakened
Consumer protection is not improved
Created by: rcline@
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