Nursing laws for dummies?!?

Nurses General Nursing

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Ok, so i'm in my last quarter of nursing school and we have an online class where we read things or look things up and post our respones of what we have read and found. This weeks assignment was to look at the nursing laws and what laws if broken can you be revoked of your lisences. I looked on ohio board of nursing and some other websites. I read down thru them but they are in like legal mombo jumbo. I figured out 2 laws and did my assignment but I think someone somewhere needs to make a Nursing laws for dummies! Put it in plain english! Divide it up, like nursing laws for LTC, in home care, ect. that you can look up if there is another law or some other restrictions for certain places. If anyone knows of an easier site to look at with nursing laws please let me know so I can pass it on to my fellow nursing class and then we will all be better nurses in the end!

Thanks!!!

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Specializes in critical care, PACU.

I have a legal class for healthcare coming up and am interested in this as well

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Specializes in ICU.

Well let's see. Each state is different, but let me try and explain one of Texas' for you. I'm choosing this one because it seems to be the most controversial and emotional for me.

"Texas Occupations Code and Rules Regulating the Practice of Nursing

Effective September, 2007"/I]

Sec. 301.402. Mandatory Report by Nurse.

(a)[Repealed]

(b)A nurse shall report to the board in the manner prescribed under Subsection (d) if the nurse has reasonable cause to suspect that:

(1)another nurse has engaged in conduct subject to reporting; or

(2)the ability of a nursing student to perform the services of the nursing profession would be, or would reasonably be expected to be, impaired by chemical dependency.

©[Repealed]

(d)A report by a nurse under Subsection (b) must:

(1)be written and signed; and

(2)include the identity of the nurse or student and any additional information required by the board.

(e)Instead of reporting to the Board under Subsection (b), a nurse may make a report required under: (1)Subsection (b)(1) to a nursing peer review committee under Chapter 303; or (2)Subsection (b)(2) to the nursing educational program in which the student is enrolled.

(f)A person may not suspend or terminate the employment of, or otherwise discipline or discriminate against, a person who reports, without malice, under this section. A violation of this subsection is subject to Section 301.413./I]

This means, that as a nurse, you are required to report to the board if you see an impaired nurse... if she is obviously impaired, if she has not documented narcotics correctly, anything that would make her a danger to patient safety because she is impaired. HOWEVER, you have the option of calling the states peer assistance (In Texas it is TPAPN) in order to avoid board disciplinary action so that TPAPN can handle it, unless the nurse fails to abide by the rules of TPAPN,, then they will report her to the board.

It also says the person who reports someone who is impaired cannot be retaliated against.

This is an easy one to decipher. Hold on a minute and I will look for a harder one.

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Yes, each state is different. I lived in Washington state for years,

knew the laws....in Tennessee now...have to learn laws for this state because, they really are different. I am amazed at the differences. Who would have known. Yes, each state could have "Nursing law for Dummies"....I love those "Dummie" books. Straight and to the point without all the lawyer lingo.

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Specializes in ICU.

the following is in the texas nurse practice act, and it relates to reasons the board can bring disciplinary action against you. i know this is long, but let me try to explain some of these.

sec. 301.452. grounds for disciplinary action.

(a)in this section, "intemperate use" includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs. this is self explanatory.

(b)a person is subject to denial of a license or to disciplinary action under this subchapter for:

this means they can bring you to 'court' in front of the board or deny your license, initial or renewal.

(1)a violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order issued under this chapter;

(2)fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing;

obtaining your license by lying or cheating... misinterpreting yourself. lying on the application etc.

(3) a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude;being convicted of a felony, or a misdemeanor that is bad, like a misdemeanor theft.. etc.

(4)conduct that results in the revocation of probation imposed because of conviction for a felony or for a misdemeanor involving moral turpitude; if you did something during probation that they threw you back into jail for.

(5)use of a nursing license, diploma, or permit, or the transcript of such a document, that has been fraudulently purchased, issued, counterfeited, or materially altered;self explanatory.

(6)impersonating or acting as a proxy for another person in the licensing examination required under section 301.253 or 301.255;having someone else go take the nclex for you.

(7)directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized practice of nursing;helping another person cheat to get a license.

(8)revocation, suspension, or denial of, or any other action relating to, the person's license or privilege to practice nursing in another jurisdiction; if you get caught in new mexico for breaking a rule, then in texas they can discipline you, even though you were in another state.

(9)intemperate use of alcohol or drugs that the board determines endangers or could endanger a patient; self explanatory.

(10) unprofessional or dishonorable conduct that, in the board's opinion, is likely to deceive, defraud, or injure a patient or the public;any kind of behavior that they believe will hurt, defraud, deceive, ect.. the patient or the public.

(11) adjudication of mental incompetency;if the court says you're mentally incompetent.

(12)lack of fitness to practice because of a mental or physical health condition that could result in injury to a patient or the public; orself explanatory.

(13)failure to care adequately for a patient or to conform to the minimum standards of acceptable nursing practice in a manner that, in the board's opinion, exposes a patient or other person unnecessarily to risk of harm.being really lazy or dumb, and placing the patient at risk because of your actions.

©the board may refuse to admit a person to a licensing examination for a ground described under subsection (b).this means they will not let you sit for the nclex if any of the above are true about you.

(d)the board by rule shall establish guidelines to ensure that any arrest information, in particular information on arrests in which criminal action was not proven or charges were not filed or adjudicated, that is received by the board under this section is used consistently, fairly, and only to the extent the underlying conduct relates to the practice of nursing.this means they can still use the information they received about you... say you were driving drunk but the charges were dismissed... they can still use the facts of your dwi case against you, as long as they are fair... for example... the dashboard camera of you falling all over the place while the cop was doing a field sobriety test on you.

these are just my interpretations of these rules. please do not take them as the word, they are just my opinions... if anyone wants to add anything, feel free. i am just trying to help out a little.

:):):):):):):):)

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Specializes in critical care, PACU.

number 13's explanation is very funny...thank you :)

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