nurse practice act and texas board of nursing, questions and answers

nurse practice act and texas board of nursing, questions and answers nurse practice act -law written in 1909 by texas legislature, defines scope of nursing practice -establishes board, gives authority to make rules about professional nursing -only legislature can amend act -protects public rules and regulations -NPA gives state board authority to make rules -rules and regulations from texas board and NPA equally enforceable responsibility -all nurses must know provisions of nurse practice act for state in which you work in functions of board of nursing -regulate nursing practice: adopt rules to implement, take disciplinary action on licensees, issue position statements -license nurses and recertification -approve nursing education programs, pre license: annual review and site visitation mission of tx board of nursing protect and promote welfare of people of texas by ensuring each person holding license as a nurse in the state of texas is competent to practice safely members of board of nursing -appointed by governor, confirmed by senate -13 reps: 2 RNs, 1 advanced practice nurse, 3 LVN, 3 nursing faculty (ADN, BSN, LVN), 4 consumers whom is the board responsible public current and potential licensees government importance of regulation -governmental oversight due to possible risk of harm to public -public may not be able to identify RN/LVN, vulnerable to unsafe and incompetent practitioners -legislature can direct BON to act BON vs professional organizations -BON responsible to public, org responsible to members -BON does not have jurisdiction in workplace matters, org serve interest of professional nurses and health care -BON prohibits lobbying legislature, orgs can lobby legislature and governor licensure -privilege afforded to qualified individuals -allows qualified to offer skills to public -provide legal guidelines to protect public minimum requirements for licensure -minimum education established by state -NCLEX -declaratory order sent to texas BON why a nurse would go before board -peer review: quality assurance mechanism, evaluation of practice -lawsuit brought by plaintiff -complaints NPA as been violated peer review -evaluation of practice in atmosphere of collegiality -process improvement method -criteria: exposed/likely to expose patient to harm, failed to care for patient, engaged in unprofessional conduct, filed to conform standards of profession practice, impaired by chemical dependency or mental illness -in agencies that employ 10+ nurses -<10 nurses, manager reports directly to board -members: 3/4 RNs, only RNs vote, due process due process -nurse given written notice that PRC must meet not greater than 30 days from notice -description of events -contact person on PRC -date, time, place -15 days to review documents -can not suspend/revoke license w/o due process, must have a hearing first follow up steps -incident report -include remediation -report to PRC 3 minor incidents in 1 year -PRC reviews, determines if report to board warranted minor incidents -risk for physical, emotional, financial harm is low -one time event -shows conscientious approach -knowledge and skills to practice safely -situation event occured -presence of contributing circumstances report to board -name -incident, conduct -PRC findings and recommendations -additional info BNE needs court of law civil law regulatory or administrative law criminal law civil law malpractice: falls below minimal standard of care -can lose license regulatory or administrative law violation of NPA -board has regulation over licensure criminal law considerations -owed patient a duty, breached duty -patient injured -breach of duty caused injury duty nurse's duty is first to patient and no other entity -Lunsford vs BON -supersedes hospital policy, any physicians order -institute appropriate care to stabilize person even if not official patient of facility Lunsford vs BON -RN failed to assess patient, communicate to attending MD of life and death nature of patient, and take appropriate actions to stabilize patient and prevent complications -her DUTY was to serve people of this state with skills and power stay current texas board of nursing bulletin workshops professional presentations contact board texas board of nursing