Title: The Role of the State Board of Nursing
1Group 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
8The Role of the State Board of Nursing
9Composition 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.
10The 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.
13Conclusion
- 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.
14What 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. -
16Renewal 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.
17Board of Nursing
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.
19State Board of Nursing
20Limitation 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.
22Techniques 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.
23Licensing 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.
25Follow 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.
26Be 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.
27Document 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.
29CRIMINAL LIABILITY
By Elizabeth Thorpe
30What 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?
- Illegal possession of controlled drugs
31What 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.
32If a nurse commits a minor violation, he/she will
face
Private reprimand or warning
Public reprimand
probation
33If a nurse commits a major violation, he/she will
face
Suspension of license
Refusal to renew license
Revocation of license
34Nurses 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.
35A 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
36Board 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
37The 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.
38How 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.
39Boards role in relationto nurses charged with
by
Marie Jimenez
40Definition 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.
41What 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.
42Examples 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
43State 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.
44State 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.
45Ways 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
46What is the Boards role in relation to nurses
who are charged with
MISCONDUCT
By Lunamatie Nabijohn
47MISCONDUCT
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.
48Categories 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.
49b. Official Misconduct or Malfeasance In an
initiation of an unlawful act, done in an
official capacity, which affects the performance
of official duties.
50Disciplinary 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.
51Disciplinary 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.
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