PA Board refuses to answer skills question - page 3

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.... Read More

  1. by   withasmilelpn
    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...)
  2. by   pghfoxfan
    The PA Board of Nursing also never answered the question as to weather RNs could suture.
  3. by   NRSKarenRN
    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.

    (c) 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.

    the provisions of this 21.401 adopted february 20, 1987, effective february 21, 1987, 17 pa.b. 811.
    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
    Last edit by NRSKarenRN on Feb 7, '07