The regulation of care requires organizations such as hospitals, health clinics and nursing schools to work together to ensure patient safety and nursing education, which is in the best interests of the principle of protecting the public. Standards for pre-licensure nursing education and clinical learning experiences are set out in the NPA and are used for accreditation purposes to evaluate nursing education programs. Language may include curriculum specifics, faculty qualifications, and collection of data on success in the nursing committee exam. [4] The regulation of long-term care by NPAs is a state-initiated effort. The ordinances are intended to unify the laws governing nursing practice. AFNs emphasize the responsibility of all nurses not only to provide, but also to improve safe client services. The AFN provides nursing standards of practice and a code of conduct for the continuing privilege of practising nursing. Clear nursing definitions of practice are detailed in the AFN and aligned with the nursing process for developing a patient advocacy care plan. In addition, the scope of practice includes safe nursing practice appropriate to the level of training and orientation. [5] Most states and territories have a nursing authority that regulates all levels of nursing care, including nurse practitioner practice (nurse practitioner), registered nurse (registered nurse) and registered nurse (advanced practice nurse) (www.ncsbn.org). Some states, such as California, Nebraska, West Virginia, and Louisiana, have separate state boards for the practice of PN/VN, RN, or APN. These bodies are all members of the National Health Committees (www.ncsbn.org) of the National Council.
The National Council of State Boards of Nursing (NCSBN) promotes evidence-based regulatory excellence for patient safety in nursing and public protection. The NCSBN supported the Nurse Licensure Compact with 34 state nursing agencies and recognized a single nursing license for practice in multiple states. [3] However, nurses are accountable to the respective state NPA at the nursing practice location. Nursing Regulatory Authorities (NRBs) are government agencies in all 50 states, the District of Columbia and four U.S. territories responsible for regulating nursing practices. The main differences between criminal and civil law were explained in Chapter 1. However, the legal regulation of licensed health professionals falls within the area of law known as administrative law. The reader must understand two other distinctions in order to be able to judge how decisions are made in each jurisdiction. Given the differences between NPAs and related state laws, rules, and regulations, it is important that NPAs clearly understand how their scope of practice is defined by those laws and regulations, as well as any notices issued by the state regulator. A list of care tips and other resources is provided below. Select a province or territory from the drop-down list below to obtain the Nursing Practice Act and the rules of a particular province or territory. If you need help, contact us.
The first distinction concerns the burden of proof; In other words, the standard that the plaintiff must prove the cause. In criminal law, the Crown must prove the facts “beyond a doubt”, while in civil law, the plaintiff must prove the facts “after weighing the probabilities”. In matters of professional discipline, the burden of proof lies with both under administrative law. That is, it is a heavier burden than a civil case, but not as heavy as a criminal case.1 Since the BON is appointed by the state and the NPA is the law, the BON and the NPA are available to the public. Licenses can be verified online for free through a government-sponsored verification system. Each state`s BON has a license to track the database as well as disciplinary action against the public records nurse. Federal law also requires states to report any adverse action against a nurse to the National Practitioner Data Bank, established by Congress in 1986. This database is available to authorized entities, including hospitals, licensing bodies, lawyers, licensees and professional associations.
[Russell KA] The NPA is the law for nursing practice in each state and is used as a guide. Therefore, the NPA has clearly defined terms and phrases that state protection authorities can use for enforcement. There are terms that are established for communication between legislators and citizens. [Russell KA] For example, the California Board of Registered Nursing defines “Nurse Practitioner” as a licensed Registered Nurse who has advanced nursing training, has acquired additional preparation and educational skills, and meets certification requirements to manage the needs of health diseases. BON receives complaints of substandard care from a variety of sources (patients, health care professionals, including other nurses and health authorities). These complaints are investigated to determine whether a nurse provided less than the standard set by the AFN or other standards of care, such as in professional organizations or in the community. For BON investigations, it is not necessary to determine actual injury. Only that the nurse violated the standard of care. BON decisions against the nurse for violating the standard of care result in disciplinary action (known as anti-licensing provisions), which may include fines, supervised practice, mandatory curative training, or suspension or revocation of the licence. [1] [2] [4] [6] [7] In 1992, Australian regulators established the Australian Nursing Council (ANC) as a forum to review the regulation of nursing in Australia from a national perspective. The ANC is now the Australian Nursing and Midwifery Council (ANMC) and is a national nursing and care body that deals with national standards and processes for the regulation of nursing and midwifery in Australia. Each of the eight state and territorial regulatory authorities is represented on this board.
These matters would be of great importance if the purpose of this procedure were punishment, but their purpose is completely protective. In Clyne v NSW Bar Association (1960) 104 CLR 186 to 201–2, the Tribunal stated: “Although it is sometimes referred to as a `penalty of exclusion`, it should be stressed that an exclusion order is in no way punitive. When such an order is made, it does so from a public point of view for the protection of those in need of protection and from a professional point of view, so that the abuse of privileges cannot result in the loss of privileges. 4 If you use this tool, the links will take you to the State Board of Nursing website, where you can find the NPA via law or state code. The rules/regulations are contained in the sections or chapters of the State Administrative Code. The second distinction, which will be discussed in more detail below, is the purpose of jurisdiction. In criminal law, the purpose of the outcome is either to punish the offender or to deter potential offenders. In civil courts, the most common outcome is compensation to the plaintiff. In contrast, the purpose of discipline is to protect the public, and the outcome will be primarily aimed at achieving that objective, while trying to provide a fair and equitable outcome for the health professional. The relevant legislation governing and supervising the nursing and midwifery professions follows a similar format in each state and territory. The various Acts are listed in Table 8.1. The NPA also contains laws and rules relating to the Nurse Licensure Compact.
[3] There are currently 34 States that have enacted legislation that have acceded to the Covenant. This is a mechanism for nurses to practice, usually online or via phone connections across state borders. There are specific laws and rules that govern this practice. A nurse whose State of origin, a State in which she is authorized, is a member of the Covenant, may practise in another State which is a member of the Covenant, but the nurse must comply with the laws and rules of the law on practice of the State in which she practises. “Multistate permit privilege” is the term used by the CN to refer to the compact status of the nurse. If a nurse practices in a particular state and violates a law or rule of that state`s nursing practice law, that particular state may take disciplinary action against that nurse.
