Question

Describe the legislative purpose for the Nurse Practice Act.

Describe specific laws and rules related to the practice of nursing and nursing assisting.

Identify the pertinent levels of nursing practice in the State and the general scope of practice of each.

Discuss the general requirements for continuing licensure in the State.

Differentiate between ethical and legal practice.

Discuss the process for discipline related to nursing practice.

Create a professional plan for career maintenance and development within the limits of the law.

Answer 1

Nurse Practice Act (NPA) is a legal instrument; defines functions of nursing and sets standards for licensure
-Grants nurse the authority to carry out those functions
-Each state has its own NPA, but all must be consistent with provisions or statues established at the federal level

The purpose of the Act is to ensure that minimum safety requirements are met by every nurse practicing in the state.

Nurses are to be aware of their rights and duties in legal matters are better able to protect themselves from liability and loss of licensure.

*The legislative purpose of Nurse Practice Act comprises to ensure that every nurse practicing in every state meets minimum requirements for safe practice

It is the legislative intent that nurses who fall below minimum competency or who otherwise present a danger to the public shall be prohibited from nursing practice.

Knowledge of laws is needed to:

Ensure that the nurse's decisions and actions are consistent with current legal principles.

Protect the nurse from any liabilities or harm to the patient

*The function of law in nursing :

-Helps the nursing actions in the care of clients are legal

-Differentiates nurse's responsibilities from those of other health professionals.

*All licensees shall complete a two-hour course on the laws and the rules that govern the practice of nursing for licensed practical nurses, registered nurses, clinical nurse specialists and advanced registered nurse practitioners.

The Nurse Practice Act governs the practice of RN's, LPN's and ARNP's.

LPNs are those persons licensed to practice practical nursing, while RN's, CN's, ARNP's are all licensed to practice professional nursing with various levels of specialization.

Both professional and practical nurses are responsible and accountable for making decisions that are based upon their educational preparation and experience in nursing.

*A nurse who has been in the same clinical position for 2 to 3 years. This nurse understands the organization and specific care required by the type of patients.H e or she is a competent practitioner who is able to anticipate nursing care and establish long-range goals. In this phase, the nurse has usually had experience with all types of psychomotor skills required by this specific group of patients.

*All the nurses are required to renew their license and complete mandated continuing education every two years. The act stipulates that up to 30 hours of continuing education may be required to each biennium.

Initial licenses that were issued for less than 24 months are required to complete 1 hour for each month for which the license was valid.

All licensees must complete an approved two-hour course on the laws and rules that govern the practice of nursing.

A two-hour course on recognition of impairment in the workplace must be completed every other biennium.

Every third renewal/every six years, licensees must successfully complete two hours of continuing education on domestic violence

A one-hour course on HIV/AIDS must be completed prior to a licensee's first renewal.

All ARNP's must complete at least three hours of continuing education on the safe and effective prescription of controlled substances for each biennial renewal.

*According to tort law, four elements must be established for a ruling of malpractice:

-Duty: THe nurse owed a duty to meet a particular standard of care

-Breach of duty: THe nurse failed to perform the owed duty

-Causation: There is a causal connection between the nurse's failure and the patient's injury

-Damages: An injury occurred for which monetary compensation is adequate relief.

*In addition, the following acts constitute misdemeanors in the first degree:

-Using the name or title, "Nurse", "Registered Nurse", "Licensed Practical Nurse", "Clinical Nurse Specialist", Certified Registered Nurse Anesthetist"."Certified Nurse Midwife". "Advanced Nurse Practitioner", or any other name or title that implies that a person was licensed or certified as same.unless such person is duly licensed or certified.

-Knowingly concealing information relating to violations of this part

*The nurses are affected by these rules and regulations, they have the responsibility to keep informed of regulatory changes and provide public comment regarding regulations.

Board meetings are held every two months, generally during the first week of every even month, and open to the public.

The full board meetings include disciplinary cases, application review, committee reports, rule discussions, and other necessary board actions