Nurse Practitioner’s Business Practice and Legal Guide 6th Edition by Carolyn
Buppert
Chapter 1-18
Chapter 1 What Is a Nurse Practitioner?
1. Are NPs now considered “prescribers”?
ANS. For the purpose of obtaining a DEA number for (ordering) Schedule II, III, IV, V
the NP with a furnishing number is considered by the DEA to be a prescriber.
2. Does the NP need a furnishing number issued by the BRN to obtain a DEA number?
ANS. Yes, an nurse practitioner furnishing number is required to obtain a DEA number
for Schedule II through V Controlled Substances
3. Can a nurse practitioner request and sign for complimentary samples of dangerous drugs
and devices from a manufacture’s sales representative?
ANS. Yes, the certified nurse practitioner and the certified nurse midwife may sign for
the request and receipt of complimentary samples of dangerous drugs and devices
identified in their standardized procedures or protocol that has been approved by the
physician.
4. May I call myself a nurse practitioner once I have completed my nurse practitioner
program?
ANS. No. You cannot use the title nurse practitioner until you have been certified by the
BRN as a nurse practitioner. Furthermore, registered nurses who use the title NP without
BRN certification may subject their RN license to possible discipline.
exams include:Essay/Problem-Based Questions: In law exams, students are often given hypothetical scenarios (problem questions) and are asked to analyze the legal issues involved. These require
students to apply specific legal principles and statutes to the facts presented in Answer Questions: These questions may require students to elaborate on a particular le
5. Can a nurse practitioner function in the emergency department?
ANS.Yes. Nurse practitioners are permitted to perform consultation and treatment in an
emergency department under certain conditions. Section 1317.1 of the Health and Safety
Code, relating to emergency services was repealed and amended September 26, 2011,
changing definition of emergency service and care to include appropriately licensed
persons, nurse practitioners and physician assistants, under the supervision of a physician
and surgeon, to include medical screening, examination, and evaluation by a physician, or
to the extent permitted by applicable law, by other appropriate personnel (NP&PA) under
the supervision of a physician and surgeon, to determine care, treatment, and surgery by
physician necessary to relieve or eliminate the emergency medical condition or active
labor, within the capability of the facility.
6. What are the roles of a Family Nurse Practitioner?
ANS. Family nurse practitioners (FNPs) are graduate-educated, nationally-certified and
state licensed advanced practice registered nurses (APRNs) who care for medically stable
, patients across the lifespan, from infants to geriatric patients. “Family” in this case
describes the NP’s chosen patient population focus and denotes national certification
through one of two certifying bodies that certify NPs as having the specialized skills
necessary to work with this patient group: the American Nurses Credentialing Center
(AACN) or the American Academy of Nurse Practitioners (AANP).
exams include:Essay/Problem-Based Questions: In law exams, students are often given hypothetical scenarios (problem questions) and are asked to analyze the legal issues
involved. These require students to apply specific legal principles and statutes to the facts presented in Answer Questions: These questions may require students to
elaborate on a particular le
Chapter 2 Legal Nurse Practitioner Scope of Practice
1. What is the nurse practitioners scope of practice?
ANS. “Nurse practitioners are licensed, independent practitioners who practice in
ambulatory, acute and long-term care as primary and/or specialty care providers. Nurse
practitioners assess, diagnose, treat, and manage acute episodic and chronic illnesses.
Nurse practitioners are experts in health promotion and disease prevention. They order,
conduct, supervise, and interpret diagnostic and laboratory tests, prescribe
pharmacological agents and non-pharmacologic therapies, as well as teach and counsel
patients, among other services.As licensed, independent clinicians, Nurse practitioners
practice autonomously and in coordination with healthcare professionals and other
individuals. They may serve as healthcare researchers, interdisciplinary consultants, and
patient advocates. Nurse practitioners provide a wide-range of healthcare services to
individuals, families, groups, and communities.”
2. What is the patient centered nature of an NP?
ANS. The patient-centered nature of the NP role requires a career-long commitment to
meet the evolving needs of society and advances in health care science. NPs are
responsible to the public and adaptable to changes in health care. As leaders in health
care, NPs combine the roles of provider, mentor, educator, researcher, and administrator.
NPs take responsibility for continued professional development, involvement in
professional organizations, and participation in health policy activities at the local, state,
national and international levels. Five decades of research affirms that NPs provide safe,
high-quality care.
3. What element of education is required to be an NP?
ANS. NPs are advanced practice registered nurses who obtain graduate education, post-
master’s certificates, and doctoral degrees. Educational preparation provides NPs with
specialized knowledge and clinical competency which enable them to practice in various
health care settings, make differential diagnoses, manage and initiate treatment plans and
prescribe medications and treatment. National NP education program accreditation
requirements and competency-based standards ensure that NPs are equipped to provide
safe, high-quality patient care from the point of graduation. Clinical competency and
professional development are hallmarks of NP education.
4. What are the professional roles of a nurse practioner?
ANS. Nurse practitioners (NPs) are licensed, independent practitioners who practice in
ambulatory, acute and long-term care as primary and/or specialty care providers. Nurse
practitioners assess, diagnose, treat, and manage acute episodic and chronic illnesses. NPs
are experts in health promotion and disease prevention. They order, conduct, supervise,
, and interpret diagnostic and laboratory tests, prescribe pharmacological agents and non-
pharmacologic therapies, as well as teach and counsel patients, among other services. As
licensed, independent clinicians, NPs practice autonomously and in coordination with
health care professionals and other individuals. They may serve as health care
researchers, interdisciplinary consultants, and patient advocates. NPs provide a wide-
range of health care services to individuals, families, groups, and communities.
Chapter 3 State Regulation of Nurse Practitioner Practice
1. Can nurse practioners practice outside of the United States?
ANS. Nurse practitioners and physician assistants can alleviate some of the primary
care shortage facing the United States, but their scope-of-practice is limited by state
regulation.
2. How are NPs scope of practice specified?
ANS. Nurse practitioner scope-of-practice is specified by statute or regulation. In some
states, state legislatures enact SOP statutes, and in other states, the board of nursing
defines the NP SOP. Regulations and statutes are similarly enforceable. . According to the
2016 AANP National Nurse Practitioner Sample Survey, about 75% of NPs accept new
Medicare patients and 77.9% of NPs accept new Medicaid patients, 49.9% of NPs hold
hospital privileges and 11.3% have long term care privileges. Furthermore, NPs hold
prescriptive privileges containing controlled substances in 50 states and D.C., 95.8% of
NPs prescribe medications, and “those in full-time practice write an average of 23
prescriptions per day”
exams include:Essay/Problem-Based Questions: In law exams, students are often given hypothetical scenarios (problem questions) and are asked to analyze the legal issues
involved. These require students to apply specific legal principles and statutes to the facts presented in Answer Questions: These questions may require students to
elaborate on a particular le
3. How are NP’s regulated by state?
ANS. Depending on the NP practice issue, certain functions of NPs are regulated by state
NP SOP regulations and/or federal law. The NP practice issues that come under state
regulation are requirements for licensure, scope-of-practice, prescriptive authority,
requirement of collaboration or supervision, basis for license suspension, revocation, or
nonrenewal, reimbursement under Medicaid, by indemnity insurances, requirements of
educational programs, standards of practice110. There is also federal regulation of the NP
profession and federal law prevails over state law if there is any conflict between state
and federal law. Federal regulation entails: care of patients covered by Medicare,
Medicaid; billing Medicare; care of hospitalized patients insofar as participation by
hospitals in the Medicare program; care of residents in nursing homes; in-office and
hospital laboratories, under the Clinical Laboratory Improvement Amendments; self-
referral by healthcare providers, under the Stark Acts; prescription of controlled
substances under the Drug Enforcement Administration (DEA); reporting of successful
malpractice lawsuits against NPs to the National Practitioner Data Bank; confidentiality
of information about patients under the Health Insurance Portability and Accountability
Act; discrimination in hiring and firing; facility access for disabled people; e-prescribing
and electronic medical records