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Texas Nursing Jurisprudence

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Primary resources for state law Texas Board of Nursing Nursing Practice Acts Nursing Jurisprudence Rules/ Ethics/ Morals and how the nurses function in a healthcare setting Texas Nurse Practice Acts 301 -BON, , defines responsibility for regulating nursing education, licensure and practice 303 -Regulates nursing peer review 304 -Relates to nursing Licensure compact Texas BON Mission Statement Protect and promote welfare of the people of Texas by ensuring that each person holding a license as a nurse is competent to practice safely. -Protects the interest of the public Chapter 301 NPA How board is appointed General powers/duties License requirements/renewal Practice by holder Reporting violations and patient care concerns Prohibited practices/disciplinary actions Other penalties and enforcement previsions Anesthesia in outpatient settings Corrective action proceeding Board of Nursing Represent the people of Texas Can't lobby the legislature Does not regulate practice settings -Licensing -Enforcement Services -Audit of CE -Information Services Professional Associations Represent their members Do lobby legislature Efforts to improve work condition/benefit for nurses -Job referral services -Legal Referral -Salary Q -Co-Worker Disputes -Employment issues Licensure and Regulation Temporary Permit -GN permit expires in 75 days -When pass/fail NCLEX Renew Online -60 days prior to expiration BON will send card Continuing Education -20 hours in 2 years -Fist time renewal exempt -CE hours in area of practice -Keep records for 4 years

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Nursing Jurisprudence and Ethics for Texas
Nurses quiz with solutions



1. According to BON Position Statement 15.24 Engaging in Reinsertion of
Permanently Placed Feeding Tubes, it would be within the scope of practice for
a nurse to replace a gastrostomy tube provided that

A. the tube has been in place for 8-12 weeks, the nurse has a physician's order
to replace the tube, and the nurse has completed specific competency training to
safely replace the tube.
B. the tube has been in place for 8-12 weeks, the facility policy allows re-
placement of a tube with a specific physician's order, and the nurse has not
completed the required skills check-off.
C. the tube has been in place for 4-6 weeks and the nurse observed a super-
visor completed the procedure.
D. the tube has been in place 4-6 weeks and the nurse as been determined to
be competent in reinserting permanently placed tubes that have an established
fistulous tract.: A. the tube has been in place for 8-12 weeks, the nurse has a
physicians to replace the tube, and the nurse has completed specific competency
training to safely replace the tube.
2. The BON differs from nursing and healthcare specialty associations since the
BON

A. lobbies for legislation favorable to the practice of nursing.
B. sets criteria for evaluating nursing career ladders.
C. offers liability insurance at discounted rates for members
D. protects and promotes the welfare of the people of Texas: D. protects and
promotes the welfare of the people of Texas.




,3. The Standards of Nursing Practice, Board Rule 217.11 state that the LVN scope
of practice includes including doing which of the following with regard to care
plans?

A. Initiate the development of a comprehensive nursing care plan indepen-
dently
B. May not document on the nursing care plan
C. Participate in the modification and development of the nursing care plan.
D. Review the nursing care plan only if directed to do so by the physician.: C.
Participate in the modification and development of the nursing care plan.
4. A nurse who contacts a physician to clarify a medication order is

A. fulfilling a duty to keep the patient safe.
B. likely to detract from a collegial nurse-physician relationship.
C. engaging in action that is the duty of the pharmacist.
D. not fulfilling nursing tasks with other patients.: A. fulfilling a duty to keep
the patient safe.
5. Nurses often ask the Board about what it means to abandon their patients.
Though the Board does not use this term in the rules, what specific portion of
Board Rule 217.12, Unprofessional Conduct, provides directions for the nurse
regarding job abandonment and conduct that may also be Board-reportable?

A. Paragraph (5)
B. Paragraph (7)
C. Paragraph (12)
D. Paragraph (8): C. Paragraph (12)
6. Which of the following situations is an example of a nurse MAINTAINING
appropriate professional boundaries between the nurse and the client? A nurse

A. rewards a patient with a small stuffed mascot of his favorite football team for
progress made in rehabilitation.
B. responds less frequently to a demanding patient's call light.
C. shares personal information regarding her recent bankruptcy because the
patient seems genuinely interested.




,D. is personally attracted to a patient and calls and visits him on her days off "to
check on how he is doing.": A. rewards a patient with a small stuffed mascot of
his favorite football team for progress made in rehabilitation.
7. Am advertisement for a "licensed nurse" states the following as routine job
responsibilities. "Must work independently without supervision, have expertise
in developing nursing care plans, including establishing appropriate nursing
diagnoses for assigned patients, and, must be able to complete comprehensive
nursing assessments." Based on these responsibilities, this advertisement
would require, at a minimum, the nurse to hold a valid

A. Advanced Practice Registered Nurse license.
B. Physician Assistant license.
C. Vocational Nurse license.
D. Registered Nurse license.: D. Registered Nurse license.
8. A nurse is caught stealing narcotics from the automated dispensing machine
on the unit and self-injecting these drugs while on duty. The nurse admits that
she is chemically dependent. In this situation, the NPA requires
A. the nurse be reported to the BON.
B. the Peer Review Committee to monitor the nurse's practice.
C. the nurse to enroll in the Texas Peer Assistance Program for Nurses
(TPAPN).
D. a report to law enforcement.: B. the Peer Review Committee to monitor the
nurse's practice.
9. A nurse was reported to the BON by two different employers multiple
practice errors. The BON may determine that the nurse's conduct demonstrates
a pattern of practice that

A. complies with the standard to provide nursing services without
discrimina-tion of the client served.
B. violates professional boundary regulations because the nurse has two
employers
C. results in immediate disciplinary action because the second complain
validates the first.
D. indicates the nurse's continued practice poses a risk of harm and may
endanger a client's life, health, or safety.: D. indicates the nurse's continued
practice poses a risk of harm and may endanger a client's life, health, or safety.


,10. According to Board Rule 213.29, Criteria and Procedure Regarding
Intemperate Use and Lack of Fitness in Eligibility and Disciplinary Matters, a
person desiring to obtain or retain his or her nursing license must provide a
sworn certificate to the board that he or she has NOT

A. had any alcohol within the last five years.
B. been under the influence of any alcohol or other illegal substance for the last
five years.
C. been addicted to or treated for the use of alcohol or any other drug in the last
five years.
D. been in the hospital for any type of surgery within the last five years.: B. been
under the influence of any alcohol or other illegal substance for the last five
years.
11. According to board rule, after a nurse refuses a float assignment and invokes
Safe Harbor, the nurse

A. should demand that the supervisor must provide a more appropriate float
assignment.
B. is required to communicate with the supervisor and must accept the as-
signment as given.
C. must accept an alternate assignment even if it still beyond the nurse's
scope of practice.
D. must collaborate with the supervisor to determine a safe assignment.: D.
must collaborate with the supervisor to determine a safe assignment.
12. When an applicant for a nursing license receives a final conviction for first
degree murder, the NPA mandates that the applicant

A. will be required to complete an ethics and jurisprudence course annually
B. will have to pay $1000 as part of the initial license application process.
C. will not be eligible to apply for an initial nursing license until five years
after being released from community supervision or parole.
D. must provide three letters of reference from law enforcement or parole
officers and successful retake the NCLEX exam.: C. will not be eligible to
apply for an initial nursing license until five years after being released from
community supervision or parole.




,13. A person with a history f a substance use disorder who desires to obtain or
retain a license to practice nursing may be required to provide evidence that
includes all of the following EXCEPT:

A. current sobriety and fitness to practice.
B. 45 contact hours of continuing nursing education.
C. attendance at Alcoholics Anonymous meetings.
D. positive employer evaluations: C. attendance at Alcoholics Anonymous
meetings.
14. A nursing error that contributes to the death or serious harm of a patient

A. can be considered a minor incident if the nurse is accountable for his or
her practice and understands his or her error.
B. can be considered a minor incident if the patent had a do-not-resuscitate
order.
C. cannot be considered a minor incident, even if the nurse appears to have
the knowledge and skills to practice safely.
D. cannot be considered a minor incident unless the nurse has a previous
pattern of similar nursing practice errors.: C. cannot be considered a minor
incident, even if the nurse appears to have the knowledge and skills to practice
safely.
15. A nurse was terminated from three different jobs beause he or she was
stealing from staff members. The nurse has no pending criminal issues and no
criminal history. Though this activity does not involve patients, it may indicate
that

A. the nurse will repeat similar conduct and exploit patients who trust the
nurse to act in their best interest.
B. the nurse only steals from fellow employees and would not steal from
unsuspecting and vulnerable patients.
C. the nurse will delegate tasks to unlicensed assistive personnel that are
beyond their scope of practice.
D. the nurse is unable to supervise nursing care provided by other licensed
nurses.: A. the nurse will repeat similar conduct and exploit patients who trust the
nurse to act in their best interest.




,16. A BON investigator in the enforcement division collected evidence that
supports the BON's formal charges against a nurse regarding violations of the
NPA and board rules. Attempts to notify the nurse via standard and certified mail
at the nurse's last address of record have been returned to the BON office as being
"undeliverable or not at this address." Since the investigator has been unable to
communicate with the nurse about the BON's formal charges, Board Rule
213.16(i) on Practice and Procedure requires that

A. the case proceed and the board's charges be deemed to be true.
B. the board close the case and take no action if they are unable to locate the
nurse.
C. the investigator drop the recommended action (sanction) on the nurse's
license to a lower level since the nurse has not responded to the formal
charges.
D. the case be referred to the District Attorney's office for follow-up action.: A.
the case proceed and the board's charges be deemed to be true.
17. The functions of the BON include

A. regulating the education, licensure, and practice of nurses in Texas to ensure
the safety of the public.
B. lobbying members of the Texas Legislature to pass bills that are favorable to
nurses
C. evaluating student
D. advising currently licensed nurses about potential employment opportuni-
ties throughout the state.: A. regulating the education, licensure, and practice
of nurses in Texas to ensure the safety of the public.
18. A nurse who commits an error that is a minor incident
A. must be reported immediately to the Incident-Based Peer Review Commit-
tee or to the BON if there is no peer review at the nurse's place of employment.
B. should not under any circumstances be reported to the BON based on just
one minor incident.
C. must immediately resign from his or her place of employment so that there
is no chance of the employment so that there is no chance of the employer
alleging a "pattern of nursing practice errors."
D. need not be reported to the BON unless the nurse's conduct created a
significant risk of physical, emotional, or financial harm to the client.: D. need



,not be reported to the BON unless the nurse's conduct created a significant risk of
physical, emotional, or financial harm to the client.
19. Which of the following statements correctly reflects Board Rule 217.20
regarding the Safe Harbor Peer Review?

A. An employer or supervisor can refuse to allow a nurse to invoke Safe
Harbor if they resolve the staffing issues.
B. Safe Harbor must be invoked prior to engaging in the assignment or at any
time the assignment changes as long as the nurse believes it place patients at
risk of harm.
C. A nurse can invoke Safe Harbor after committing an error that caused
patient harm.
D. The Chief Nursing Offer (CNO) or Nurse Administrator does not have to
assure compliance with the Nursing Peer Review Law or Board Rule 217.20 Safe
Harbor Peer Review.:
20. A nurse is counseled for questioning a physician's order that made the
physician mad. Which of the following documents on the BON web site BEST
explains why the nurse was correct to question a physician's order that the
nurse believed could be harmful to a patient?

A. Guideline for Nurses Transitioning to a New Practice Setting.
B. Statistics on the number of nurses living in each county in Texas.
C. Position Statement 15.14 Duty of a Nurse in Any Setting.
D. Guideline for LVN Scope of Practice under Board Rule 217.11: C. Position
Statement 15.14 Duty of a Nurse in Any Setting.
21. While interacting with the public in a nursing role, each nurse must wear a
clearly legible insignia (such as a name badge) that identifies the nurse as

A. an employee of the institutional setting.
B. a registered nurse or a licensed vocational nurse.
C. a member of a professional organization.
D. an experienced nurse in the service area.: B. a registered nurse or a licensed
vocational nurse.
22. In a nurse-patient relationship, the most vulnerable patients are those who
are



,A. under anesthesia or sedation.
B. wearing a patient or exam gown.
C. undergoing chemotherapy.
D. using an interpreter.: A. under anesthesia or sedation.
23. In the NPA, "conduct subject to reporting" includes

A. conduct that causes a person to suspect that the nurse's practice is impaired
by chemical dependency or drug or alcohol abuse.
B. the occurrence of 2 minor incidents within a twelve month period in a
facility with no nursing peer review.
C. mandatory overtime resulting in sixteen consecutive hours worked.
D. a nurse who disagrees with the supervisor over a patient assignment.: A.
conduct that causes a person to suspect that the nurse's practice is impaired by
chemical dependency or drug or alcohol abuse.
24. Which of the following resources on the BON web page would assist a nurse
in determining his or her scope of nursing practice?

A. Disciplinary Action: Individual's Report to the BON.
B. Memorandum of Understanding between the BON and the Texas State
Board of Pharmacy.
C. The continuing competency into sheet.
D. Scope of Practice Decision-Making Model.: C. The continuing competency
into sheet.
25. If a nurse has reason to believe a medication order is inaccurate or
contraindicated, the Standards of Nursing Practice require the nurse to do all of
the following EXCEPT:

A. consult with the ordering practitioner to clarify the order.
B. give the medication as ordered and document concerns in the medical record.
C. tell the ordering practitioner if the nurse decide not to give the medication.
D. collaborate with other members f the health care team for more information
about the medication and why it was ordered.: B. give the medication as
ordered and document concerns in the medical record.






,26. When making nursing assignments to other LVNs and RNs, the Board Rule
217.11 Standards of Nursing Practice, requires the nurse in a supervisory position
into consideration all of the following EXCEPT:

A. the educational preparation of each licensed nurse.
B. the experience of each licensed nurse.
C. the state where the nurse was licensed.
D. the physical and emotional ability of each licensed nurse.: D. the physical and
emotional ability of each licensed nurse.
27. A person may not practice or offer to practice professional or vocational
nursing in Texas unless the person

A. graduates from a board-approved nursing educational program in Texas. B.
completes at least 500 hours of clinical practice inn his or her nursing
educational program.
C. demonstrates basic nursing skills on the Nursing Competency Skills List.
D. holds a license as required by the NPA.: D. holds a license as required by the
NPA.
28. A nurse quits his job, and submits a written notice at the end of his shift,
telling his supervisor that he will not be back at work the following morning.
The supervisor tells the nurse he has to complete the entire month's schedule or
he will be committing "patient abandonment," and will be reported to the BON.
This is

A. true. The nurse must work the entire currently posted work schedule
before he can quit his present job.
B. true. It would be "patient abandonment" if the nurse does not complete the
current schedule. The nurse could be reported to the BON.
C. false. Quitting a job at the end of a shift is not considered "patient
abandon-ment" by the BON and is not grounds for reporting to, or action by,
the BON.
D. false. The nurse only has to work for two more weeks of the schedule
before he can quit.: C. false. Quitting a job at the end of a shift is not considered
"patient abandonment" by the BON and is not grounds for reporting to, or action
by, the BON. 29. The BON rules regarding licensure renewal require the nurse




, to answer eligibility questions concerning which of the following with regard
to the previous two-year licensure cycle

A. whether the nurse has completed hours of continuing education.
B. whether the nurse has a current CPR card.
C. whether the nurse has any criminal background that must be revealed.
D. whether the nurse has been fired from employment in the past two years.: C.
whether the nurse has any criminal background that must be revealed.
30. Chart audits find the following errors committed by a nurse with observed
impaired behavior at work. NO physician orders for narcotics signed out by the
nurse, and NO documentation that the nurse either administered or wasted the
narcotics. The best decision for the Incident Based Peer Review Committee to
make is that

A. the nurse needs remedial education in how to document the rationale for
and response to PRN pain medications.
B. the nurse must be reported to the Texas Medical Board for signing out
medications without a valid physician's order for controlled substances.
C. the nurse should be terminated from employment at the facility for
stealing drugs.
D. the nurse must be reported to the BON because of the combination of
practice errors with possible practice impairment due to substance use or
abuse.: D. the nurse must be reported to the BON because of the combination of
practice errors with possible practice impairment due to substance use or abuse.
31. What type of license is required to utilize the two BON rules on delegation
to unlicensed personnel?

A. Registered Nurse.
B. Physician.
C. Physician Assistant.
D. Licensed Vocational Nurse.: A. Registered Nurse.
32. The BON rules, located in Title 22 of the Texas Administrative Code, help
implement and reflect

A. the standards of nursing care developed by various nursing specialty and
professional organizations.

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