PA Board refuses to answer skills question

U.S.A. Pennsylvania

Published

a debate arose at work regarding the legality of performing of a specific skill. staff nurses and nursing directors were not in agreement. i contacted the pa state board of nursing to get the answer. in one response the respondant provided an opinion but could not cite any part of 49 pa code to support it. i disagreed with the respondant's opinion and cited parts of 49 pa code to support my opinion. the respondant then replied with the following quote; "the board has no authorization to offer you opinions, legal advice or interpretations of the professional nursing law and regulations" and "we suggest that you consult with your own legal counsel..."

this response from the regulatory body of nursing in pa was quite a shock.

has anyone here had problems getting anwers from the pa board of nursing?

jt

Specializes in ob high risk, labor and delivery, postp.

Originally Posted by RN34TX viewpost.gif

I'd also like to add that this may inspire me to work toward someday getting a job at a state board.

They seem to have a corner on the market being the only nursing jobs where you are literally not responsible or held accountable for the things you say and do.

That is, if you say or do much of anything at all during your 8-4 work day.

yeah but I think you need a lot of extra letters after your name before you can do that

i tried contacting the state board to ask about regs since i was on light duty (only able to lift 20 lbs, and no squatting or kneeling..etc), and my employer was assigning me to work in our PACU (post cesarian) or in our OB triage area --both alone but "you can call for help if you need it", i maintained that this was unsafe but was TOTALLY unsuccessful in finding anything to back up this assertion, and of course the state board was no help at all. No wonder Nursing is in such dire straits, we can't even do this right!!

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Specializes in Rehab, LTC, Peds, Hospice.

Just had a similar issue concerning a PCA pump. It states in the practice act that RN's deliver and monitor pain meds given by epidural caths or devices... I was taught that LPN's can't do PCA pumps in schools and that this specific part and also the fact that it delivers a bolus as well is why. I brought this in to work. However, some of the RN's say that we can "under their direction". I say no. Where does it say we can do things outside our scope "under their direction"! I am reluctant to contact the BON because of the issues raised above. The BON states it's primary purpose is protecting patients. How much more basic is clarifying these regs in order to ensure adherence to safe nursing practice?

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Specializes in Rehab, LTC, Peds, Hospice.

By the way, my last issue of Advance for LPNs stated there was currently an opening on the board for an LPN and an RN with a masters degree. They are looking for someone with volunteer service etc. (No I don't think I am qualified, but I think I would like to head in that direction seriously in my career. I think nurses really need a voice from the trenches! Maybe when the kids are a little older...)

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The PA Board of Nursing also never answered the question as to weather RNs could suture.

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Specializes in Vents, Telemetry, Home Care, Home infusion.
21.401. interpretations: scope of practice.

(a) the board may, upon request of a licensed nurse, nursing association, health care facility or licensed health care professional, or upon its own motion, issue interpretations of this chapter as they apply to the question of whether the execution of specific practices are within the scope of professional or practical nursing.

(b) interpretations issued by the board will not conflict with this chapter, or enlarge or restrict this chapter, but will solely address the matter of applying principles set forth in this chapter to specific practices.

© interpretations issued under this section do not constitute an exercise of delegated legislative power by the board and will be expressly subject to modification by the board in an adjudicative proceeding based upon the particular facts and circumstances relevant to a proceeding. interpretations are not intended to be legally enforceable against a licensed person by the board. in issuing adjudications, the board may consider, but is not bound by, interpretations.

(d) prior to issuing interpretations, the board will submit to the legislative reference bureau for recommended publication in the pennsylvania bulletin a notice indicating its intent to adopt interpretations, and making available upon request to interested persons copies of proposed or draft interpretations. the notice shall also indicate the date and place for the conduct of hearings proposed regarding the interpretations. the notice shall contain the full statement of policy or a description of the substance of the statement of policy.

(e) the board will not adopt statements of policy until the time for public comment has elapsed. a minimum of 60 days from publication in the pennsylvania bulletin of notice of intention to adopt shall be provided for public comment. following a review and consideration of comments received concerning a proposed interpretation, the board may adopt interpretations by a majority vote taken at a scheduled public meeting of the board.

(f) interpretations adopted by the board under this chapter will be reviewed for form and legality under chapter 3 of the commonwealth attorneys act (71 p. s. 732-301—732-303) and, upon approval, will be submitted to the legislative reference bureau for recommended publication in the pennsylvania bulletin and pennsylvania code as a statement of policy of the board as a part of this subchapter.

(g) if a nurse executes a practice which the board has interpreted to be within the scope of nursing practice, the nurse shall only undertake the practice if the nurse has the necessary preparation, experience and knowledge to properly execute the practice. the execution of the procedures shall include the identification and discrimination of expected and unexpected human responses and the effective management of nursing actions.

(h) interpretations of the board will not be deemed to impose requirements upon educational institutions to include the teaching of practices within their curricula.

(i) the procedure for issuing interpretations will not prohibit the board from answering specific inquiries involving individual factual situations, which answers will be limited in application to the individual factual situation involved in the inquiry.

source

the provisions of this 21.401 adopted february 20, 1987, effective february 21, 1987, 17 pa.b. 811.http://www.pacode.com/secure/data/049/chapter21/s21.401.html

interpretations involves only these chapters of regulations:

21.411. interpretations regarding the general functions of registered nurses—statement of policy.

21.412. interpretations regarding venipuncture, intravenous fluids, resuscitation and respiration—statement of policy.

21.413. interpretations regarding the administration of drugs—statement of policy.

21.414. interpretations regarding the functions of licensed practical nurses (lpn)—statement of policy

in order to get a response, submit a professionally written request to bon for them to take under advisement; expect several month delay for board review and legal review. remember the board works part-time, meeting only several times a year. there is not a fulltime practice administrator to answer instantly. you get what you pay for with your license fee's.

public hearing is next scheduled for feb 12th, 2007 in harrisburg. see: meeting dates

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