The Role of the State Board of Nursing

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

Mila Rose Villaceran
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• 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
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• 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
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• 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
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• 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
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• 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
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The Role of the State Board of Nursing

• By
• Daphney Dorcely

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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.

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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

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• 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

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• 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.

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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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What is the function of State Board of Nursing?
by Stacy Moyston-Duckie
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• 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.

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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.

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

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State Board of Nursing

• Limits of Practice

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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.

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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.

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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.

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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.

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

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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.

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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.

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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.

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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.

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CRIMINAL LIABILITY
By Elizabeth Thorpe
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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

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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.
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If a nurse commits a minor violation, he/she will
face
Private reprimand or warning
Public reprimand
probation
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If a nurse commits a major violation, he/she will
face
Suspension of license
Refusal to renew license
Revocation of license
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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.
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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
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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
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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.

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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.
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Boards role in relationto nurses charged with

• Malpractice

by
Marie Jimenez
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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.

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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.

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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

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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.

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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.

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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

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What is the Boards role in relation to nurses
who are charged with
MISCONDUCT
By Lunamatie Nabijohn
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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.

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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.

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

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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.

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