Jurisprudence TBON

Six-Step Decision-Making Model for Determining Nursing Scope of Practice

First, ask yourself if the activity is consistent with the NPA and Board rules. Second: Is the activity appropriately authorized? Third: Is it supported by nursing research or scope of practice statements by national nursing organizations? Fourth: Do you possess the required knowledge and competency to carry out the act? Fifth: Would a reasonable and prudent nurse perform this activity in this setting? And sixth: Are you prepared to assume accountability for the patient's safe care and outcome?

Safe Harbor tries to balance duty to patient with protection of the nurse's license.

It allows nurses to accept assignments, and do the best patient care they are capable of, without fear of licensure action by the Board if they accidentally commit a practice error.

guidelines for recognizing good professional character

Rule 213.27 'duty to the patient' Nurses must be aware of their actions and feelings within the therapeutic relationship, identify the invisible boundaries, and act in the best interest of the patient

role of texas legislature

The Board represents the people of Texas by ensuring that licensed nurses meet minimum standards of safe practice. Professional nursing associations represent their members in legislative, political, and policy matters. Nursing associations also provide leadership in other areas, such as efforts to improve working conditions and benefits for nurses.

mandatory reporting requirement? Linda:

The rules state that a nurse has the responsibility to submit a written, signed report to the Board when he or she has cause to suspect violations of the rules and regulations by another nurse. If you fail to report, it is a violation of NPA 301.402 (b).

categories of ethical conduct

honesty, accountability, trustworthiness, reliability, and integrity

minor incidents

in NPA 301.401 (2): "conduct that does not indicate that the continuing practice of nursing by an affected nurse poses a risk of harm to the client or other person." And information guiding which incidents need to be reported to the Board is contained in Rule 217.16, regarding "Minor Incidents."

nurses compact

information on the licensure compact in NPA 304 and Rule 220.

Peer review

is a rule that's been in effect since 1987. It was started because nurses wanted the opportunity to monitor themselves, apart from and before the Board's review. serperate from board review Incident-Based Peer Review relates to an incident reported after the fact by a nurse or facility, while Safe Harbor Peer Review relates to an application made by a nurse to seek safe harbor before he or she accepts an assignment

criminal behavior disclosure

must disclose convictions deferred adjudications probabted sentences domestic offenses

requirements for liscensure

obligation for continuing competency (CE). All nurses with an active Texas license are required to demonstrate continuing competency for relicensure. Each nurse reactiviating an inactive or delinquent license must also submit verification of 20 hours of CE completed in the two years prior to reactivation. The Board does not approve CE, but it does require nurses to have it and it does audit them to ensure they obtain it. The continuing competency rules for license renewal are found in Rule 216.

The unprofessional conduct rules

protect the public from incompetent, unethical, or illegal conduct of licensees. These rules help identify what actions are unprofessional or dishonorable and which are likely to deceive, defraud, or injure clients or the public.

scope of practice

rule 217.11 standards of nursing practice most important rule

mission of BON

the mission of the Board of Nursing is to protect the welfare of the people of Texas. The Board does that by helping nurses stay in the know about their duty to provide safe, competent care to patients and by making sure each nurse who holds a license to practice is competent to practice safely.

disciplinary action report

Any conduct in violation of the Board's rules must be reported. A report by a nurse must be written and signed, it must include the identity of the nurse or student being reported, and it must contain any additional information required by the Board.

due process

Due process rights include provisions that the facility must have policies in place about peer review, and that the Peer Review Committee must comply with requirements. Furthermore, a nurse must receive notice regarding the review, and the nurse will have opportunity to respond to that notice. And finally, a nurse may hire his or her own attorney, will get feedback after the decision, and will have a chance to respond to the decision