Nursing Jurisprudence

Temporary Permit
-GN permit expires in 75 days
-When pass/fail NCLEXRenew Online
-60 days prior to expiration BON will send cardContinuing Education
-20 hours in 2 years
-Fist time renewal exempt
-CE hours in area of practice
-Keep records for 4 years

Initial Licensure by Examination

Must submit criminal background check
Submit a sworn application fee
Verify completion of an approved nursing edu.
Pass NCLEX
Pass NJE with 75%>, NPA/BON rules, 50Q

Disclosure of Criminal Behavior

Must report any past criminal behavior or pending charges

-Minor class C misdemeaners excluded
(parking tickets, speeding tickets, jaywalking)

Good Professional Character

Distinguish right from wrong
Think and act rationally
Keep promises and honor obligations
Be accountable for own behavior
Promptly disclose facts that could enhance health of pt. and protect from harm

Professional Boundaries

Must recognize/maintain professional boundaries
-Do or say nothing that can’t be documentedViolations
-Physical, Sexual, Emotional, Financial exploitation

Nursing Peer Review

Separate from BON review
Confidential
(incident based or Safe harbor)-Rule 217.19-PR and Whistleblower
-Rule 217.20-SH PR and Whistle blower protections

Incident Based Peer Review

Any facility employing 10+ must have one
Referral starts with error/incident
PR without administrators
Fact finding mission
Eval. of paractice in atmosphere of collegiality
Determine if incident merit or should be to BON

RN Standards

Make Nursing Dx
Develop nursing care plan
Eval. pt response to care
Perform Comprehensive assessment
Delegate tasks to UAP
Practice independently w/in NPA board rules
Edu. to care for all pt’s stable and unstable

LVN Standards

Participate in planning of nursing care
Assist in evaluationg pt repsonse to tx
Complete focused assessment
Implement appropriate aspects of care
Practice must be supervised
Educated to care for pt. with stable predictable

Duty to pt

Make/accept only assignments that take into consideration safety and commensurate with nurse’s educational preparation, experience, knowledge, and physical/emotional ability.

Step 1

Is the activity consistent with the NPA and BON rules?

Step 2

Is the activity appropriately authorized?
-Valid order?
-Current policy exist regarding procedure?
-Clarify any questionable orders

Step 3

Is it supported by nursing research?
-EBP

Step 4

Do you possess the required knowledge and competency to carry out the act?

Step 5

Would a reasonable and prudent nurse perform this activity in this setting?

Step 6

Are you prepared to accept the consequences of your actions?

Prohibited Delegation Tasks

Nursing assessments
Plan of care
Professional Judgement/Intervention
Responsibility for initial teaching
Medication administration, IV fluids as well
-Prohibited in acute care settings
-may be delegated in independent living situations

Minor Incident

Conduct that does not indicate the nurses continuing to practice professional nursing poses a risk fo harm to the pt. or other person

Exclusion to Minor Incident Rule

A nurse involved in a MI does not need to reported to BOn unless…
-Creates sig. risk fo physical, emotinal, financial harm
-Lacks a consiencious approach for accontability
-Lacks knowl. and compet. and not easily remediat
-Pattern of multiple minor incidents

-5 minor incidents in a 12 month period must bereported to peer review

NEVER a Minor Incident

Error contributed to pt. death/serious harm
Criminal conduct
Serious violation (theft, faud, pt. abuse, exploiting)
Impairment/suspected impairment by chem. dep.

IBPR Due Process Rights

Facility must have policies in place for PR
PR committee must comply with req.
Nuse must receive notice/ opportunity to review documents/submit a response
Nurse may hire own attorney
Nurse will get feedback after decision
Nurse will have a chance to respond

Safe Harbor Peer Review

Allows a nurse to accept an assignment and provide best care without fear of licensure action if there is a practice error.

-Does not protect civil rights
-Before refusing assignment must recog. pt is 1st

May refuse an assignemt if lack basic knowlege/ability to render care

Safe Harbor

Must be invoked BEFORE care given
Or anytime assignment has changed and pt may be in harm-Must notify in writing
-Supervisor can’t refuse
-May use quick req form to make initial req.
-Comprehensive request must be completed before leaving work setting