Group 5Group 5

State Board of State Board of NursingNursing

SCL 102SCL 102

I.I. INTRODUCTIONINTRODUCTION

General Introduction of the State Board of General Introduction of the State Board of NursingNursing

Impact of State Board of Nursing and nursesImpact of State Board of Nursing and nurses

Mila Rose VillaceranMila Rose Villaceran

II. DETERMINING THE ROLE OF THE STATE BOARD OF II. DETERMINING THE ROLE OF THE STATE BOARD OF NURSINGNURSING

Board of Regents and State Board of NursingBoard of Regents and State Board of Nursing

Board of Regents and Committee of Professional Board of Regents and Committee of Professional AssistanceAssistance

Composition of Members In Board of NursingComposition of Members In Board of Nursing

Role of Board of Nursing- in generalRole of Board of Nursing- in general

State Board’s role and use of Nurse Practice ActsState Board’s role and use of Nurse Practice Acts

Public protectionPublic protection

Daphney DorcelyDaphney Dorcely

III. DISCUSSING THE BOARD’S FUNCTION IN THE III. DISCUSSING THE BOARD’S FUNCTION IN THE PRACTICE OF NURSINGPRACTICE OF NURSING

Safety and Nurse Practice ActsSafety and Nurse Practice Acts

State Board’s additional responsibilitiesState Board’s additional responsibilities

Practice limitations of LPN’s and RN’sPractice limitations of LPN’s and RN’s

Protection of unqualified personnelProtection of unqualified personnel

Regulation of Nurse Practice ActRegulation of Nurse Practice Act

Disciplinary procedures of reporting unsafe nursing Disciplinary procedures of reporting unsafe nursing practicespractices

Stacy Moyston-Stacy Moyston-DuckieDuckie

IV. DISCUSSING THE BOARD’S ROLE IN RELATION TO IV. DISCUSSING THE BOARD’S ROLE IN RELATION TO NURSES WHO ARE CHARGED WITH CRIMINAL LIABILITIES, NURSES WHO ARE CHARGED WITH CRIMINAL LIABILITIES, MALPRACTICE, AND PROFESSIONAL MISCONDUCTMALPRACTICE, AND PROFESSIONAL MISCONDUCT

a. Criminal Liabilitiesa. Criminal Liabilities

Definition of Criminal liabilityDefinition of Criminal liability

Disciplinary actionsDisciplinary actions

Minor vs. major violations of lawsMinor vs. major violations of laws

Violation consequencesViolation consequences

Reporting complaintsReporting complaints

Right to appealRight to appeal

Elizabeth Elizabeth ThorpeThorpe

b. Malpracticeb. Malpractice

Definition of MalpracticeDefinition of Malpractice

Malpractice as it relates to nursingMalpractice as it relates to nursing

Impact of malpractice and State BoardImpact of malpractice and State Board

How State Board defines malpracticeHow State Board defines malpractice

Disciplinary actions and proceduresDisciplinary actions and procedures

Role of moral characterRole of moral character

Marie JimenezMarie 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 Lunamatie NabijohnNabijohn

The Role of the State The Role of the State Board of NursingBoard of Nursing

ByBy

Daphney DorcelyDaphney Dorcely

Composition of the State Board of Composition of the State Board of NursingNursing

The State Board of Nursing The State Board of Nursing is composed of 15 members. is composed of 15 members. 11 of them are registered 11 of them are registered professional nurses and 4 professional nurses and 4 have to be licensed practical have to be licensed practical nurses. They all must be nurses. They all must be licensed and practicing in licensed and practicing in New York State for at least New York State for at least 5 years.5 years.

The State Board of Nursing: RoleThe State Board of Nursing: Role

The Board is responsible for regulating of nursing The Board is responsible for regulating of nursing act. Basically they tell nurses what they can and act. Basically they tell nurses what they can and cannot do under the scope of practicecannot do under the scope of practice

They make up administrative rules and They make up administrative rules and regulations. regulations.

They advice on licensing requirements, licensing They advice on licensing requirements, licensing examination and practice issues, and they provide examination and practice issues, and they provide community outreachcommunity outreach

The Board participates in licensure The Board participates in licensure disciplinary and restoration and moral disciplinary and restoration and moral character proceedingscharacter proceedings

The State Board have the legal right The State Board have the legal right authority to implement and enforce the laws authority to implement and enforce the laws that govern nursing practice, nursing that govern nursing practice, nursing education and licensureeducation and licensure

They also conduct hearings for licensees They also conduct hearings for licensees and prosecution of violations of nurse and prosecution of violations of nurse practice acts.practice acts.

They reinforce the importance for nurses to They reinforce the importance for nurses to practice within the limit of the law of the practice within the limit of the law of the state they reside in and that they are state they reside in and that they are responsible for their own actions.responsible for their own actions.

ConclusionConclusion

All members of the All members of the State Board and the State Board and the committee for committee for professional assistance professional assistance must be dedicated to must be dedicated to the public protection the public protection and quality professional and quality professional preparation and preparation and conduct.conduct.

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 The State Board of Nursing has, “the legislative power to initiate, regulate, legislative power to initiate, regulate, and enforce the provision of the Nurse and enforce the provision of the Nurse Practice Act.” Practice Act.” The Nurse Practice Acts delineate the The Nurse Practice Acts delineate the educational requirements, roles and educational requirements, roles and functions, and disciplinary actions of a functions, and disciplinary actions of a nurse. nurse.

This agency is also responsible for approving schools of nursing curriculum as well as renewing and issuing licenses.

Renewal of LicensesRenewal of Licenses

One of the technique One of the technique used by the State Board used by the State Board in an effort to minimize in an effort to minimize the risk of imposters in the risk of imposters in the nursing field; is by the nursing field; is by revoking or suspending revoking or suspending licenses as well as licenses as well as ensuring that anyone ensuring that anyone practicing will have practicing will have acquired a specific acquired a specific standard of education.standard of education.

Board of NursingBoard of Nursing

Rules & RegulationsRules & Regulations

The Board of Nursing has to The Board of Nursing has to abide by the rules and regulations abide by the rules and regulations of the Nurse Practice Act. The of the Nurse Practice Act. The Board cannot grant any Board cannot grant any exemptions or waivers to the exemptions or waivers to the practice acts laws however, the practice acts laws however, the Board can create an exemption Board can create an exemption and waiver on its own rules and and waiver on its own rules and regulations.regulations.

For example, the regulation in For example, the regulation in some states indicate that all some states indicate that all nursing faculty must have nursing faculty must have master’s degrees, the board may master’s degrees, the board may waiver this requirement waiver this requirement temporarily for the nursing temporarily for the nursing faculty who is in process in faculty who is in process in obtaining this degree.obtaining this degree.

State Board of NursingState Board of Nursing

Limits of PracticeLimits of Practice

Limitation of practices Limitation of practices LPN vs. RNLPN vs. RN

The State Board of nursing also has the The State Board of nursing also has the right to define the limitations of the right to define the limitations of the practice of a LPN with regards to practice of a LPN with regards to performing certain medical procedures performing certain medical procedures as opposed to the practicing scope of a as opposed to the practicing scope of a RN. RN. Example: An LPN is not allowed to do Example: An LPN is not allowed to do IVP (Intravenous Push). Only RN’s are IVP (Intravenous Push). Only RN’s are ALLOWEDALLOWED..LPN’s may be limited to practice care of LPN’s may be limited to practice care of complex treatment and medication complex treatment and medication regimens, and functions related to regimens, and functions related to primary or complex healthcare primary or complex healthcare assessment of clients. assessment of clients. An LPN must provide nursing care in An LPN must provide nursing care in long-term and acute care facilities. long-term and acute care facilities. LPN’s may also work in physician LPN’s may also work in physician offices and clinic settings. LPN’s works offices and clinic settings. LPN’s works under the supervision of an RN or MD.under the supervision of an RN or MD.

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

Techniques used by the Board to Techniques used by the Board to safeguard the Nursing professionsafeguard the Nursing profession

One of the techniques used by the One of the techniques used by the State Board in an effort to State Board in an effort to minimize the risk of impostors in minimize the risk of impostors in the nursing field; is by revoking the nursing field; is by revoking or suspending licenses as well as or suspending licenses as well as ensuring that anyone practicing ensuring that anyone practicing will have acquired a specific will have acquired a specific standard of education. standard of education. The board also initiates the The board also initiates the improvement of the nursing improvement of the nursing fraternity in an effort to protect fraternity in an effort to protect both the public and the profession both the public and the profession from unqualified personnels.from unqualified personnels.

Licensing laws vary from state to Licensing laws vary from state to statestate

The Nursing Practice Act’s rules The Nursing Practice Act’s rules and regulations may be slightly and regulations may be slightly different from state to state different from state to state regarding the practicing scope of regarding the practicing scope of nurses. nurses.

Example: Example: Mandatory licensureMandatory licensure: In some : In some

state it is illegal for any nurse that state it is illegal for any nurse that is not licensed to practice for is not licensed to practice for monetary benefits. monetary benefits.

Permissive licensure:Permissive licensure: On the other On the other hand there are other states that hand there are other states that allow nurses to practice for allow nurses to practice for monetary benefits, but these monetary benefits, but these nurses can not use the titles of nurses can not use the titles of licensed or registered nurses to licensed or registered nurses to their names. their names.

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

Follow Accepted ProceduresFollow Accepted Procedures

In order to protect one’s self from possible In order to protect one’s self from possible lawsuits, a nurse must always perform lawsuits, a nurse must always perform procedures as taught and as outlined in the procedures as taught and as outlined in the healthcare facility procedure manual. If healthcare facility procedure manual. If these policies are incorrect or inadequate, a these policies are incorrect or inadequate, a nurse must work to improve them through nurse must work to improve them through proper paper channels.proper paper channels.

Be Competent in Your Practice: Be Competent in Your Practice: Nurses are always held Nurses are always held

accountable for their own accountable for their own behavior. behavior.

Refusal to perform Refusal to perform procedure for which they procedure for which they have not been prepared, for have not been prepared, for example when example when administering medications, administering medications, a nurse must always do the a nurse must always do the five rights and two client’s five rights and two client’s identification checks: their identification checks: their bracelet and the client must bracelet and the client must state their name and date of state their name and date of birth if they are alert. birth if they are alert.

Document Well: Document Well:

Careful documentation Careful documentation is the most important is the most important thing a nurse can do to thing a nurse can do to protect themselves protect themselves against unjustified against unjustified lawsuits. This record is lawsuits. This record is to reflect factual to reflect factual information regarding information regarding the client’s health status. the client’s health status.

Be reminded that the Be reminded that the Nurse Practice Act Nurse Practice Act changes ever so often; it changes ever so often; it is the responsibility of is the responsibility of all nurses to be current all nurses to be current with the laws that with the laws that govern their scope of govern their scope of practice.practice.

““Ignorance of the law Ignorance of the law is no excuseis no excuse.”.”

CRIMINAL CRIMINAL LIABILITYLIABILITY

ByBy

Elizabeth Elizabeth ThorpeThorpe

What is Criminal Liability?What is Criminal Liability?

A state of being liable (Mcmillan dictionary)

A legal responsibility of one’s action or failure to act appropriatelyWhat criminal laws can nurses be liable for?What criminal laws can nurses be liable for?

HomiciHomicidedemanslamanslaughterughter

theftheftt arsonarsonActive Active euthanasiaeuthanasia

Sexual Sexual assaultassault

Illegal possession of Illegal possession of controlled drugscontrolled drugs

What is the State Board of Nursing’s role What is the State Board of Nursing’s role in relation to criminal liability?in relation to criminal liability?

Authority for disciplinary actionAuthority for disciplinary action

Actions taken are based Actions taken are based upon the severity of the upon the severity of the violation.violation.

If a nurse commits a minor violation, If a nurse commits a minor violation, he/she will face:he/she will face:

Private reprimand or warning

Public reprimand

probation

If a nurse commits a major violation, If a nurse commits a major violation, he/she will face:he/she will face:

Suspension of license

Refusal to renew license

Revocation of license

Nurses under suspension Nurses under suspension or probation who are or probation who are found liable of drug abuse, found liable of drug abuse, unprofessional conduct, unprofessional conduct, fraud or violation of the fraud or violation of the provisions of the Nurse provisions of the Nurse Practice Act may be asked Practice Act may be asked to attend special to attend special counseling or substance counseling or substance abuse rehabilitationabuse rehabilitation..

A nurseA nurse commits a violationcommits a violation

Written complaint filed byWritten complaint filed byan individual, a health agency an individual, a health agency or professional organizationor professional organization

Complaint is screened andComplaint is screened and an investigation is set upan investigation is set up

Board decides whether to Board decides whether to schedule a hearing with schedule a hearing with

legal counsels for both sideslegal counsels for both sides

Nurse will be requested to Nurse will be requested to -have a written response regarding the allegation.-have a written response regarding the allegation.

-Entitled to some rights such a clear statement-Entitled to some rights such a clear statementof the charges; question and produce witnesses;of the charges; question and produce witnesses;

Right to an attorneyRight to an attorney

The verdict…The verdict…

The Board of Nursing shall decide The Board of Nursing shall decide if the disciplinary action should be if the disciplinary action should be taken against the nurse or not; taken against the nurse or not; and which action should be taken.and which action should be taken.

The nurse has the right to appeal a disciplinary The nurse has the right to appeal a disciplinary actionaction

Whichever side loses may decide to Whichever side loses may decide to appeal the court’s decision to next appeal the court’s decision to next highest court in state.highest court in state.

How to avoid all these?How to avoid all these?

Give safe and competent nursing Give safe and competent nursing care, while recognizing potential care, while recognizing potential problems, identifying the risk problems, identifying the risk areas in individual practice, and areas in individual practice, and remaining current in new remaining current in new technology, nursing diagnosis, technology, nursing diagnosis, and the latest institution policies and the latest institution policies and procedures.and procedures.

Board’s role in relationto 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?What is Negligence?

Negligence is harm done to Negligence is harm done to a client as a result of a client as a result of neglecting duties, neglecting duties, procedures, or ordinary procedures, or ordinary precautions. precautions.

Therefore, failure to act Therefore, failure to act responsibly can have responsibly can have serious consequences serious consequences affecting both the client affecting both the client and healthcare and healthcare professional. professional.

Examples of MalpracticeExamples of Malpractice Failure to perform a proper Failure to perform a proper

assessmentassessment Failing to take appropriate Failing to take appropriate

precautionsprecautions Neglecting to document and Neglecting to document and

communicate informationcommunicate information Performing nursing Performing nursing

procedures incorrectlyprocedures incorrectly Failing to report another’s Failing to report another’s

mistakesmistakes Being involved in a surgical Being involved in a surgical

team’s errorteam’s error

State Board of Nursing procedures State Board of Nursing procedures for handling Malpractice casesfor handling Malpractice cases

The State Board of Nursing The State Board of Nursing uses specific laws to uses specific laws to regulate malpractice regulate malpractice according to your state of according to your state of residence. When a nurse is residence. When a nurse is convicted of committing convicted of committing malpractice, the State Board malpractice, the State Board of Nursing uses specific of Nursing uses specific guidelines to handle this guidelines to handle this matter.matter.

State Board of Nursing: State Board of Nursing: Guidelines to handling malpracticeGuidelines to handling malpractice

1) 1) ComplaintComplaint: “All complaints or : “All complaints or other information relating to the other information relating to the licensees authorized to practice a licensees authorized to practice a profession under title VIII of the profession under title VIII of the Education Law shall be referred to Education Law shall be referred to the director of the Office of the director of the Office of Professional Discipline.” Professional Discipline.”

2) 2) Investigation:Investigation: “The director of the “The director of the Office of Professional Discipline or Office of Professional Discipline or that officer’s designee shall, in that officer’s designee shall, in matters involving possible matters involving possible professional misconduct, initiate an professional misconduct, initiate an investigation of each such Complaint investigation of each such Complaint or other information.” or other information.”

3) 3) Prosecution:Prosecution: “Prosecution or “Prosecution or settlement of disciplinary proceedings settlement of disciplinary proceedings shall be conducted as provided in title shall be conducted as provided in title VIII of the Education Law, and as VIII of the Education Law, and as provided in this Part.”provided in this Part.”

Ways to Avoid MalpracticeWays to Avoid Malpractice

Know your own strengths and Know your own strengths and weaknessesweaknesses

Evaluate your assignmentEvaluate your assignment Delegate carefullyDelegate carefully Exercise caution when assisting Exercise caution when assisting

proceduresprocedures Document the use of restraintsDocument the use of restraints Take steps to prevent fallsTake steps to prevent falls Comply with laws about advance Comply with laws about advance

directivesdirectives Follow hospital policies and Follow hospital policies and

proceduresprocedures Keep policies and procedures up Keep policies and procedures up

to dateto date Provide a safe environmentProvide a safe environment

What is the Board’s role in What is the Board’s role in relation to nurses who are relation to nurses who are

charged with:charged with:

MISCONDUCTMISCONDUCT

ByBy

Lunamatie NabijohnLunamatie Nabijohn

MISCONDUCTMISCONDUCT

A wrongful, improper, or unlawful conduct A wrongful, improper, or unlawful conduct motivated by premeditated or intentional motivated by premeditated or intentional purpose or by an obstinate lack of interest to purpose or by an obstinate lack of interest to the consequences of one’s acts.the consequences of one’s acts.

Categories of misconductCategories of misconduct

a. Sexual Misconducta. Sexual Misconduct

Identifies anyone in a Identifies anyone in a position of authority position of authority that condones or that condones or participates in any participates in any sexual activity between sexual activity between themselves and their themselves and their subordinates.subordinates.

Two Categories of MisconductTwo Categories of Misconduct

b. Official Misconduct b. Official Misconduct or Malfeasanceor Malfeasance

In an initiation of an In an initiation of an “unlawful act, done in “unlawful act, done in an official capacity, an official capacity, which affects the which affects the performance of performance of official duties”.official duties”.

Disciplinary actionsDisciplinary actions

Disciplinary actions for Sexual Disciplinary actions for Sexual misconductmisconduct

Nurses can have their licenses Nurses can have their licenses suspended and/or revoked suspended and/or revoked depending upon the outcome of an depending upon the outcome of an investigation. Criminal charges investigation. Criminal charges could result from the investigation.could result from the investigation.

Disciplinary actions Disciplinary actions

Disciplinary actions of Official Disciplinary actions of Official misconductmisconduct

Official misconduct in office is Official misconduct in office is often grounds for immediate often grounds for immediate dismissal, suspended licenses dismissal, suspended licenses and revoked. Civil lawsuit can be and revoked. Civil lawsuit can be sought by party or parties affect.sought by party or parties affect.

Now ShowingNow Showing

““SShhhhhhhh” SShhhhhhhh”

Starring: Stacy, Daphney, & SandraStarring: Stacy, Daphney, & Sandra

Directed by: MilaDirected by: Mila

““Dig me”Dig me”

Starring: Marie, Elizabeth, & SandraStarring: Marie, Elizabeth, & Sandra

Directed by: MarieDirected by: Marie