NURSE
CRISIS
The Nurse
Practice Act -
A Closer
Look
Tip!
Registered
nurses are
classified
into three:
full-time,
part-time,
and casual.
Registered
nurse
salaries
are varied
in each
category.
The Nurse
Practice Act is
a set of state
laws that
govern specific
aspects of the
nursing
profession. The
statutes are
generally
grouped with a
chapter of
state laws,
referred to in
its entirety as
the Nurse
Practice Act
"the Act". The
Act aims to
protect the
public from an
unsafe nurse by
ensuring
minimum levels
of
performance.
Individual
state
legislatures'
determine the
Acts content,
so "the Act"
may differ a
bit from
state-to-state.
Nonetheless,
many acts
address common
issues such as
establishing
the composition
and scope of
authority for
the board of
nursing;
defining the
practice of
professional,
practical or
vocational
nursing and
advanced
practice
nursing;
setting the
requirements to
obtain a
nursing
license;
limiting use of
the title,
"nurse" and
listing the
grounds for
discipline
against a
nurse's
license.
And to
encourage
consistency
across state
lines, the
National
Council of
State Boards of
Nursing
developed a
Model Nursing
Practice Act,
available at
http://www.ncsbn.org.
Individual
State Boards of
Nursing can
exercise a
great deal
of influence
over the Act,
although they
don't author
"the Act";
because they
are the
administrative
agency charged
with
implementing
and
interpreting
"the Act"
within the
scope of
authority
granted to them
by the
legislature.
A nurse
needs to be
knowledgeable
about their
legal
obligations
associated with
"the Act". In
addition, "the
Act" may allow
a licensed
nurse to seek
the boards'
written opinion
regarding "the
Acts"
interpretation,
which the nurse
may consider
when evaluating
legal
options.
On the other
hand, not all
laws governing
the practice of
nursing are
found in "the
Act" or its'
regulations.
Legal
obligations
common to
various
licensed
healthcare
professionals
will apply to
nurses, such as
confidentiality
requirements or
mandatory
reporting of
suspected child
abuse but these
obligations are
generally found
outside "the
Act".
Most public
libraries
should have a
copy of the
state statute
books which
should have a
copy of each
individual
state's act.
However, be
sure to get a
copy of the
most current
version and
check for the
latest
amendments that
may not be
included in the
format you're
using. It also
wouldn't hurt
every licensed
nurse to have a
personal
up-to-date copy
of "the Act"
available for
easy
reference.
Regulations
are generally
published in a
compilation
known as the
administrative
code. They
should also be
available from
the same
sources. Some
of the board's
written
opinions may be
public record,
so you may want
to give the
boards' office
a call to
determine if
these documents
exist and how
to obtain
them.
Being
Licensed in
Multiple
States
Most states
require that a
nurse obtains a
license to
practice
nursing by the
state in which
they are
practicing,
with an
obligation to
abide by that
state's laws
and
regulations, as
the condition
of accepting a
license in the
state.
Tip!
Contact
your local
hospitals
and other
employers
that hire
nurses, and
ask to
speak with
the human
resources
or
personnel
manager.
The manager
will be
able to
provide you
with
information
on nursing
and may be
able to
connect you
with one of
their
employees
who would
speak with
you about
the
profession.
As a result,
in most
situations, the
travel nurse is
bound by the
Act of the
state in which
the deed under
review
occurred.
Nevertheless,
if one state
should
discipline a
nurse for an
act that
occurred in its
borders, the
discipline
itself
(regardless of
the grounds)
may serve as
the basis for
additional
discipline in
each of the
other states
where the nurse
is licensed.
Consequently, a
nurse may be
disciplined in
multiple states
stemming from
one
incident.
Some states
have entered
into a Nurse
Licensure
Compact, which
permits a
licensed nurse
to practice
nursing in
other states
without
obtaining a
separate
license. Visit
the National
Council of
State Boards of
Nursing at the
domain listed
earlier for
more
information.
The nurse
must abide by
the laws of the
state where he
or she is
practicing, so
complaints
about the
travel nurse
would be
processed by
the state where
the alleged
violation
occurred, but
would also be
reported to the
travel nurse's
home state.
Tip!
Many
organizations
require
college
degree
(Associate
or
Bachelors
degree)
from an
accredited
institution
for a
registered
nurse.
Required
classes to
for this
degree
include
chemistry,
physiology,
anatomy,
behavioral
science
classes,
and
nutrition.
Licensed
nurses should
be familiar
with the Nurse
Practice Act of
whatever state
or states they
hold a license.
The maxim
"Ignorance of
the law is no
excuse" clearly
applies in this
arena.
Remember,
nurses can be
held
accountable for
compliance with
all laws
governing their
performance.
All nurses
are strongly
encouraged to
obtain and
review a copy
of the current
act(s)
governing their
practice and to
become
knowledgeable
about the
boards
overseeing
those acts.
This article
may be
reproduced only
in its
entirety.
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