-definitions
-authority, power, and composition of a BON
-educational program standards
-standards and scope of nursing practice
all nurse practice acts include:
-types of titles and licenses
-protection of titles
-requirements for licensure
-grounds for disciplinary action, other violations, and possible remedies.
primary purpose is to protect the patient and the nurse.
law and legislation
laws define scope of practice and protect individual rights. as nurses have gained
autonomy, they have also gained increased accountability and liability
, use: also called statutory law or legislative law; laws that are passed by the state or
federal legislators and that must be signed by the president or governor
impact on nursing practice: many affect malpractice.
these are laws that govern.
the core of nursing practice is regulated by state law. each state has enacted these
that define the parameters of nursing practice and give the authority to regulate the
practice of nursing to its state board of nursing.
Boards of Nursing have the authority to adopt rules and regulations that further
regulate nursing practice. Although the practice of nursing is similar among states, it
is critical that nurses know the laws and rules governing the state in which they
practice.
statutes
things include in NPA: standards and scope of practice, requirements for licensure,
and grounds for discipline
the laws and rules governing nursing practice in a specific state can be accessed at
the state board’s website
boards of nursing have the authority to both issue and revoke a nursing license.
boards may revoke or suspend a nurse’s license for a number of offenses including
practicing without a valid license, substance use disorders, conviction of a felony,
professional negligence, and providing care beyond the scope of practice, nurses
should review that practice act in their state.
boards also set standards for nursing programs and further delineate the scop of
practice for registered nurses, licensed practical nurses, and advanced practice
nurses
state nursing practice act defines practice of nursing for that state
-criminal
types of law -civil
-administrative
burden of proof required for guilty verdict:
-beyond a reasonable doubt
likely consequences of a guilty verdict:
-incarceration, probation and fines
criminal law
the individual faces charges filed by the state or federal representative for crimes
committed against an individual or a society.
ex: nurses found guilty of intentionally administering fatal doses of drugs to patients
would be charged with this
, burden of proof required for guilty verdict:
-based on a preponderance of the evidence
likely consequences of a guilty verdict
-monetary damages
one individual sues another for money to compensate for a perceived loss
civil law:
preponderance- in other words, the judge or jury must believe that it was more likely
than not that the accused individual was responsible for the injuries of the
complainant.
MALPRACTICE CASES
burden of proof require for guilty verdict:
-clear and convincing standard
likely consequences of a guilty verdict:
-suspension or loss of licensure
administrative law
one individual is sued by a state or federal government agency State board of
Nursing
-when an individual violates the state nurse practice act, the boards of nursing may
seek to revoke licensure or institute some form of discipline.
the____________________ and type of punishment is different for conviction in eeach
burden of proof
type of law.
-professional negligence
-practicing a medicine or nursing without a license
-obtaining a nursing license by fraud or allowing others to use ur license
-felony conviction for any offense substantially related to the function or duties of a
registered nurse
-participating professionally in criminal abortions
common causes of professional nursing
-failing to follow accepted standards of care
license suspension or revocation
-not reporting substandard medical or nursing care
-providing patient casre while under the influence of drugs or alcohol
-giving narcotic drugs without an order
-falsely holding oneself out to the public to to any health health care practioner as a
nurse practioner
-failing to use equipment safely and responsibly.
-failure to follow the standards of care
-failure to use equipment in a responsible manner
-failure to communicate
common allegations against nurses
-failure to document
-failure to assess and monitor
-failure to act as a patient advocate