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The Role of the State Board of Nursing

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Title: The Role of the State Board of Nursing


1
Group 5 State Board of Nursing
SCL 102
2
  • INTRODUCTION
  • General Introduction of the State Board of
    Nursing
  • Impact of State Board of Nursing and nurses

Mila Rose Villaceran
3
  • 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 Boards role and use of Nurse Practice
    Acts
  • Public protection

Daphney Dorcely
4
  • III. DISCUSSING THE BOARDS FUNCTION IN THE
    PRACTICE OF NURSING
  • Safety and Nurse Practice Acts
  • State Boards additional responsibilities
  • Practice limitations of LPNs and RNs
  • Protection of unqualified personnel
  • Regulation of Nurse Practice Act
  • Disciplinary procedures of reporting unsafe
    nursing practices

Stacy Moyston-Duckie
5
  • IV. DISCUSSING THE BOARDS 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
6
  • 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
7
  • 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
8
The Role of the State Board of Nursing
  • By
  • Daphney Dorcely

9
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.

10
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

11
  • 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

12
  • 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.

13
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.

14
What is the function of State Board of Nursing?
by Stacy Moyston-Duckie
15
  • The primary function of the State Board of
    Nursing is to protect the publics safety.
  • The State Board of nursing is a regulatory agency
    created by the state government, which is devoted
    to monitor nurses 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.

16
Renewal of Licenses
  • 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.

17
Board of Nursing
  • Rules Regulations

18
  • 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
    masters degrees, the board may waiver this
    requirement temporarily for the nursing faculty
    who is in process in obtaining this degree.

19
State Board of Nursing
  • Limits of Practice

20
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 RNs are ALLOWED.
  • LPNs 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. LPNs may also work in
    physician offices and clinic settings. LPNs
    works under the supervision of an RN or MD.

21
  • An LPN performs a dependent role and assist with
    all phases of the nursing process works with
    established nursing diagnoses, and identifies
    nursing problems.

22
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.

23
Licensing laws vary from state to state
  • The Nursing Practice Acts 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.

24
  • To safeguard ones self while practicing, a nurse
    must follow accepted procedures, be competent in
    their practice, and document well.

25
Follow Accepted Procedures
  • In order to protect ones 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.

26
Be Competent in Your Practice
  • 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 clients identification checks
    their bracelet and the client must state their
    name and date of birth if they are alert.

27
Document Well
  • 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 clients health
    status.

28
  • 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.

29
CRIMINAL LIABILITY
By Elizabeth Thorpe
30
What is Criminal Liability?
  • A state of being liable (Mcmillan dictionary)
  • A legal responsibility of ones action or failure
    to act appropriately

What criminal laws can nurses be liable for?
  • Sexual assault
  • Homicide
  • theft
  • manslaughter
  • arson
  • Active euthanasia
  • Illegal possession of controlled drugs

31
What is the State Board of Nursings role in
relation to criminal liability?
  • Authority for disciplinary action

Actions taken are based upon the severity of the
violation.
32
If a nurse commits a minor violation, he/she will
face
Private reprimand or warning
Public reprimand
probation
33
If a nurse commits a major violation, he/she will
face
Suspension of license
Refusal to renew license
Revocation of license
34
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.
35
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
36
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
37
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
    courts decision to next highest court in state.

38
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.
39
Boards role in relationto nurses charged with
  • Malpractice

by
Marie Jimenez
40
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.

41
What is Negligence?
  • 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.

42
Examples of Malpractice
  • Failure to perform a proper assessment
  • Failing to take appropriate precautions
  • Neglecting to document and communicate
    information
  • Performing nursing procedures incorrectly
  • Failing to report anothers mistakes
  • Being involved in a surgical teams error

43
State Board of Nursing procedures for handling
Malpractice cases
  • 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.

44
State Board of Nursing Guidelines to handling
malpractice
  • 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 officers
    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.

45
Ways to Avoid Malpractice
  • 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

46
What is the Boards role in relation to nurses
who are charged with
MISCONDUCT
By Lunamatie Nabijohn
47
MISCONDUCT
What is Misconduct?
  • A wrongful, improper, or unlawful conduct
    motivated by premeditated or intentional purpose
    or by an obstinate lack of interest to the
    consequences of ones acts.

48
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.

49
b. Official Misconduct or Malfeasance In an
initiation of an unlawful act, done in an
official capacity, which affects the performance
of official duties.
50
Disciplinary actions
  • 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.

51
Disciplinary actions
  • 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.

52
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