Transcript The Role of the State Board of Nursing

Group 5
State Board of
Nursing
SCL 102
I. INTRODUCTION
General Introduction of the State Board of
Nursing
Impact of State Board of Nursing and nurses
Mila Rose Villaceran
II. DETERMINING THE ROLE OF THE STATE BOARD OF
NURSING
Board of Regents and State Board of Nursing
Board of Regents and Committee of Professional
Assistance
Composition of Members In Board of Nursing
Role of Board of Nursing- in general
State Board’s role and use of Nurse Practice Acts
Public protection
Daphney Dorcely
III. DISCUSSING THE BOARD’S FUNCTION IN THE
PRACTICE OF NURSING
Safety and Nurse Practice Acts
State Board’s additional responsibilities
Practice limitations of LPN’s and RN’s
Protection of unqualified personnel
Regulation of Nurse Practice Act
Disciplinary procedures of reporting unsafe nursing
practices
Stacy Moyston-Duckie
IV. DISCUSSING THE BOARD’S ROLE IN RELATION TO
NURSES WHO ARE CHARGED WITH CRIMINAL LIABILITIES,
MALPRACTICE, AND PROFESSIONAL MISCONDUCT
a. Criminal Liabilities
Definition of Criminal liability
Disciplinary actions
Minor vs. major violations of laws
Violation consequences
Reporting complaints
Right to appeal
Elizabeth Thorpe
b. Malpractice
Definition of Malpractice
Malpractice as it relates to nursing
Impact of malpractice and State Board
How State Board defines malpractice
Disciplinary actions and procedures
Role of moral character
Marie Jimenez
c. Professional Misconduct
Definition of Misconduct
Two categories of Misconduct
Definition of sexual misconduct
Disciplinary actions for sexual
misconduct
Definition of official misconduct
Disciplinary actions for official
misconduct
Lunamatie Nabijohn
The Role of the State
Board of Nursing
By
Daphney Dorcely
Composition of the State Board of
Nursing
The State Board of Nursing
is composed of 15 members.
11 of them are registered
professional nurses and 4
have to be licensed practical
nurses. They all must be
licensed and practicing in
New York State for at least
5 years.
The State Board of Nursing: Role
The Board is responsible for regulating of nursing
act. Basically they tell nurses what they can and
cannot do under the scope of practice
They make up administrative rules and
regulations.
They advice on licensing requirements, licensing
examination and practice issues, and they provide
community outreach
The Board participates in licensure
disciplinary and restoration and moral
character proceedings
The State Board have the legal right
authority to implement and enforce the laws
that govern nursing practice, nursing
education and licensure
They also conduct hearings for licensees and
prosecution of violations of nurse practice
acts.
They reinforce the importance for nurses to
practice within the limit of the law of the
state they reside in and that they are
responsible for their own actions.
Conclusion
All members of the
State Board and the
committee for
professional assistance
must be dedicated to
the public protection
and quality professional
preparation and
conduct.
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The primary function of the State
Board of Nursing is to protect the
public’s safety.
The State Board of nursing is a
regulatory agency created by the
state government, which is devoted
to monitor nurse’s personal and
professional behaviors.
The State Board of Nursing has,
“the legislative power to initiate,
regulate, and enforce the provision
of the Nurse Practice Act.”
The Nurse Practice Acts delineate
the educational requirements, roles
and functions, and disciplinary
actions of a nurse.
This agency is also responsible for
approving schools of nursing
curriculum as well as renewing and
issuing licenses.
Renewal of Licenses
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One of the technique
used by the State Board
in an effort to minimize
the risk of imposters in
the nursing field; is by
revoking or suspending
licenses as well as
ensuring that anyone
practicing will have
acquired a specific
standard of education.
Board of Nursing
Rules & Regulations
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The Board of Nursing has to abide
by the rules and regulations of the
Nurse Practice Act. The Board
cannot grant any exemptions or
waivers to the practice acts laws
however, the Board can create an
exemption and waiver on its own
rules and regulations.
For example, the regulation in
some states indicate that all
nursing faculty must have
master’s degrees, the board may
waiver this requirement
temporarily for the nursing faculty
who is in process in obtaining this
degree.
State Board of Nursing
Limits of Practice
Limitation of practices
LPN vs. RN
The State Board of nursing also has
the right to define the limitations of
the practice of a LPN with regards to
performing certain medical
procedures as opposed to the
practicing scope of a RN.
Example: An LPN is not allowed to
do IVP (Intravenous Push). Only
RN’s are ALLOWED.
LPN’s may be limited to practice care
of complex treatment and medication
regimens, and functions related to
primary or complex healthcare
assessment of clients.
An LPN must provide nursing care in
long-term and acute care facilities.
LPN’s may also work in physician
offices and clinic settings. LPN’s
works under the supervision of an RN
or MD.
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An LPN performs a
dependent role and
assist with all phases of
the nursing process;
works with established
nursing diagnoses, and
identifies nursing
problems.
Techniques used by the Board to
safeguard the Nursing profession
One of the techniques used by the
State Board in an effort to
minimize the risk of impostors in
the nursing field; is by revoking
or suspending licenses as well as
ensuring that anyone practicing
will have acquired a specific
standard of education.
The board also initiates the
improvement of the nursing
fraternity in an effort to protect
both the public and the profession
from unqualified personnels.
Licensing laws vary from state to
state
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The Nursing Practice Act’s rules
and regulations may be slightly
different from state to state
regarding the practicing scope of
nurses.
Example:
Mandatory licensure: In some
state it is illegal for any nurse that
is not licensed to practice for
monetary benefits.
Permissive licensure: On the other
hand there are other states that
allow nurses to practice for
monetary benefits, but these
nurses can not use the titles of
licensed or registered nurses to
their names.
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To safeguard one’s self
while practicing, a nurse
must follow accepted
procedures, be
competent in their
practice, and document
well.
Follow Accepted Procedures

In order to protect one’s self from possible
lawsuits, a nurse must always perform
procedures as taught and as outlined in the
healthcare facility procedure manual. If
these policies are incorrect or inadequate, a
nurse must work to improve them through
proper paper channels.
Be Competent in Your Practice:
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Nurses are always held
accountable for their own
behavior.
Refusal to perform
procedure for which they
have not been prepared, for
example when
administering medications, a
nurse must always do the
five rights and two client’s
identification checks: their
bracelet and the client must
state their name and date of
birth if they are alert.
Document Well:
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Careful documentation
is the most important
thing a nurse can do to
protect themselves
against unjustified
lawsuits. This record is
to reflect factual
information regarding
the client’s health status.
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Be reminded that the
Nurse Practice Act
changes ever so often; it
is the responsibility of
all nurses to be current
with the laws that
govern their scope of
practice.
“Ignorance of the law
is no excuse.”
CRIMINAL LIABILITY
By
Elizabeth Thorpe
What is Criminal Liability?
A state of being liable (Mcmillan dictionary)
A legal responsibility of one’s action or failure
to act appropriately
What criminal laws can nurses be liable for?
Homicide
theft
Sexual assault
manslaughter Active euthanasia
arson
Illegal possession of controlled drugs
What is the State Board of Nursing’s role
in relation to criminal liability?
Authority for disciplinary action
Actions taken are based upon the
severity of the violation.
If a nurse commits a minor violation,
he/she will face:
Private reprimand or warning
Public reprimand
probation
If a nurse commits a major violation,
he/she will face:
Suspension of license
Refusal to renew license
Revocation of license
Nurses under suspension or
probation who are found liable of
drug abuse, unprofessional conduct,
fraud or violation of the provisions
of the Nurse Practice Act may be
asked to attend special counseling or
substance abuse rehabilitation.
A nurse commits a violation
Written complaint filed by
an individual, a health agency
or professional organization
Complaint is screened and
an investigation is set up
Board decides whether to
schedule a hearing with
legal counsels for both sides
Nurse will be requested to
-have a written response regarding the allegation.
-Entitled to some rights such a clear statement
of the charges; question and produce witnesses;
Right to an attorney
The verdict…
The Board of Nursing shall decide if the
disciplinary action should be taken against the
nurse or not; and which action should be taken.
The nurse has the right to appeal a disciplinary
action
Whichever side loses may decide to
appeal the court’s decision to next
highest court in state.
How to avoid all these?
Give safe and competent nursing care,
while recognizing potential problems,
identifying the risk areas in individual
practice, and remaining current in new
technology, nursing diagnosis, and the
latest institution policies and
procedures.
Board’s role in relation
to nurses charged with:
Malpractice
by
Marie Jimenez
Definition of Malpractice
• Malpractice occurs when
improper, injurious, or
faulty treatment of a client
that results in illness or
injury.
• In addition, malpractice
should not be discussed
without mentioning
negligence.
What is Negligence?
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Negligence is harm done to
a client as a result of
neglecting duties,
procedures, or ordinary
precautions.
Therefore, failure to act
responsibly can have
serious consequences
affecting both the client
and healthcare
professional.
Examples of Malpractice
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Failure to perform a proper
assessment
Failing to take appropriate
precautions
Neglecting to document and
communicate information
Performing nursing
procedures incorrectly
Failing to report another’s
mistakes
Being involved in a surgical
team’s error
State Board of Nursing procedures
for handling Malpractice cases
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The State Board of Nursing
uses specific laws to
regulate malpractice
according to your state of
residence. When a nurse is
convicted of committing
malpractice, the State Board
of Nursing uses specific
guidelines to handle this
matter.
State Board of Nursing:
Guidelines to handling malpractice
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1) Complaint: “All complaints or
other information relating to the
licensees authorized to practice a
profession under title VIII of the
Education Law shall be referred to the
director of the Office of Professional
Discipline.”
2) Investigation: “The director of the
Office of Professional Discipline or
that officer’s designee shall, in
matters involving possible
professional misconduct, initiate an
investigation of each such Complaint
or other information.”
3) Prosecution: “Prosecution or
settlement of disciplinary proceedings
shall be conducted as provided in title
VIII of the Education Law, and as
provided in this Part.”
Ways to Avoid Malpractice
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Know your own strengths and
weaknesses
Evaluate your assignment
Delegate carefully
Exercise caution when assisting
procedures
Document the use of restraints
Take steps to prevent falls
Comply with laws about advance
directives
Follow hospital policies and
procedures
Keep policies and procedures up
to date
Provide a safe environment
What is the Board’s role in
relation to nurses who are
charged with:
MISCONDUCT
By
Lunamatie Nabijohn
MISCONDUCT
A wrongful, improper, or unlawful conduct
motivated by premeditated or intentional
purpose or by an obstinate lack of interest to
the consequences of one’s acts.
Categories of misconduct
Two Categories of Misconduct
a. Sexual Misconduct
Identifies anyone in a
position of authority that
condones or participates in
any sexual activity between
themselves and their
subordinates.
b. Official Misconduct or
Malfeasance
In an initiation of an
“unlawful act, done in an
official capacity, which
affects the performance of
official duties”.
Disciplinary actions
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Disciplinary actions for Sexual
misconduct
Nurses can have their licenses suspended
and/or revoked depending upon the
outcome of an investigation. Criminal
charges could result from the investigation.
Disciplinary actions
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Disciplinary actions of Official
misconduct
Official misconduct in office is often
grounds for immediate dismissal, suspended
licenses and revoked. Civil lawsuit can be
sought by party or parties affect.
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