NP4 Licensure/Statutes + Professional Practice

Define the Nurse Compact Law and explain its impact on the profession of nursing

- A multi-state license to practice registered or licensed practical/vocational nursing issued by a home state to a resident in that state shall be recognized by each party state as authorizing a nurse to practice as an RN or as an LPN/LVN under a multi-state licensure privilege in each party state.

How often does the FL BON meet? Where?

- Board meetings are held every two months, generally during the first week of every even month, and are open to the public. - HQ is Tallahassee, FL

List the characteristics of EBP

- Focus on variance that makes a difference in improving patient care - Potential contribution to theory development and nursing knowledge - Nurses have access to and control over the issue being studied

Mediation is an acceptable resolution for the first instance of the following violations:

- Issuance of a worthless bank check to the Department or the Board for initial licensure or renewal of license, - Failure to report address changes, provided the failure does not constitute failure to comply with an order of the Board - Failure to pay fines and investigative costs by the time ordered - Failure to timely submit documentation of completion of continuing education imposed by Board order - Failure to update a practitioner profile within 15 days

How are the FL BON appointed? How long is their term?

- The Governor appoints and the Senate approves 13 board members. As the terms of the members expire, the Governor appoints successors for *terms of 4 years*, and these members serve until their successors are appointed.

List the importance of Quality in healthcare.

- The goal is to prevent errors before they occur or to identify and correct errors to decrease adverse events and maximize safety and quality patient outcomes - Quality and safety are top priorities - Patient perceptions of care are now emerging as a priority and are tied to reimbursement

List the requirements for initial licensure

- application form + fee - background check - graduated from accredited program - fluent in English language - passes NCLEX - meets state requirements

List what the RN must do to complete a specialty certification.

- max of 30 hours of continuing education biennially Must complete at least *3 hours* of continuing education on the *safe and effective prescription of controlled substances*

Describe the IPN project. What are the objectives?

- provides state-wide education, support and monitoring to nurses with impairing conditions such as substance use disorders, psychiatric and physical conditions. objectives: 1. To protect health, safety and welfare of the public, as risks to patients increase when a nurse providing care has an active impairing condition. 2. To offer consultation and educational programs to encourage earlier identification and action when fitness to practice concerns are present. 3. To provide support and monitoring to nurses appropriate for IPN while assisting each to maintain professional licensure. 4. To supply a cost-effective avenue to help nurses as an alternative to the traditional disciplinary process. 5. To retain nurses in the nursing profession.

List the barriers to EBP.

- time constraints - limited access to literature - lack of training in info seeking and critical appraisal - professional ideology emphasizing practical rather than intellectual knowledge - A work environment that does not encourage information seeking

What is the purpose of the FL BON?

- to ensure that every nurse practicing in this state meets minimum requirements for safe practice. - nurses who fall below minimum competency or present a danger to the public shall be prohibited from practicing in this state

Describe the purpose of Evidence Based Practice (EBP) in nursing.

-Bringing research to the bedside -Promoting a positive work environment while promoting patient safety based on sound nursing practice and research -Maximizes workforce capabilities -Reduces errors -Culture of safety

A nurse is arrested for DUI. What is her legal obligation to the FL BON? What if she does not report this to the BON?

-First offence: a misdemeanor -Under the Mandatory Reporting Law, all licensed nurses are required to report any suspected impairment -Must report to the BON within 30 days *If not → license may be suspended/provoked, placed on probation, risk licensure

A person states he is a RN but does not hold a current license. Is this a violation? What is the max/min punishment for this?

-Misdemeanor of the 1st degree -Imprisonment not exceeding 1 year -$1,000, when the conviction is of a misdemeanor of the first degree.

What are the requirements for re-license in the FL according to the BON for the first renewal/after that?

-Renewal application + fee -Biennial renewal (every 2 years) -30 hours of CEU biennially **This waived during first renewal period if you were licensed by exam

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what acts constitutes a felony of the third degree?

1. Practicing advanced or specialized, professional w/o holding an active license or certificate to do so 2. Using or attempting to use a license or certificate which has been suspended or revoked. 3. Knowingly employing unlicensed persons in the practice of nursing. 4. Obtaining or attempting to obtain a license or certificate under this part by misleading statements or knowing misrepresentation

what acts constitutes a felony of the first degree?

1. Using RN/LPN/CRNA etc, without having a license 2. Knowingly concealing information relating to violations of this part.

What are actions of the board in the process of discipline?

1. the board shall not reinstate the license if deemed unqualified until the person has complied with all terms/conditions and such person is capable of safely engaging in the practice of nursing. 2. The board shall not reinstate the license of a nurse who has been found guilty by the board on *three separate occasions* of violations of this part relating to the use of drugs or narcotics 3. The board sets the guidelines for: minimum and maximum fines, periods of supervision or probation, or conditions of probation or re-issuance of a license

List the CEU requirements for the state of FL for a RN

18 general hours AND 2 hours on medical error prevention 2 hours in laws and rules 2 hours Recognizing impairment in the workplace 2 hours Human trafficking 2 hours of domestic violence education (every third renewal) 1 hour HIV/AIDS only for first renewal *for a total of 25-26 hours, max 30 hrs* - College level courses count as CEUs as long as they are NUR courses! (15 CEU hours per credit hour)

what are the general continuing education requirements for FL nurses? (what courses)

2 hr course in *prevention of medical errors* every renewal (2 years) 2 hr course in *Florida laws and rules* every renewal 2 hr course on *human trafficking* every renewal 2 hr course in *recognizing impairment in the workplace* every other renewal 2 hr course in *domestic violence* every third renewal. 1 hr course in *HIV/AIDS* during the first renewal (one time requirement)

A graduate nurse who has taken his/her NCLEX exam signs his/her name as RN. What is considered under the FL Nurse Practice Act for this?

A first degree misdemeanor. - Graduate nurses are only able to use the abbreviations "G.N.," pending the results of the first licensure examination for which they are eligible

Statue vs law vs tort?

A statute is a law A tort is a civil wrong that causes a claimant to suffer loss or harm - *Unintentional tort* is negligence or malpractice (ex: negligence committed by a professional such as a nurse) - *Intentional torts* are willful acts that violate another's rights. (ex: are assault, battery, invasion of privacy and defamation of character)

A person states she is a nurse. Is this a violation of the FL BON statute?

As long as the person is holding an active license it is okay and not a violation.

Who are the members of the FL BON?

Board of Nursing is created within the department and shall consist of 13 members to be appointed by the Governor and confirmed by the Senate 7 members (one must be an ARNP, educator, or nurse executive): - RN that live in FL and have practiced for at least 4 years 3 members: - LPN that live in FL and have practiced for at least 4 years 3 members: - FL residents who have never been licensed as nurses and who are in no way connected with the practice of nursing *at least one member must be +60 y/o

Ordering diagnostic tests and physical and occupational therapy is a part of the scope of practice for licensed practical nurses. A) True B) False

F

The purpose of the Nurse Practice Act is to encourage the growth and expansion of hospitals and training schools. A) True B) False

F - The Florida Nurse Practice Act was legislated to safeguard the public, and the purpose of the Act is to ensure that minimum safety requirements are met by every nurse practicing in the state. The Nurse Practice Act, Chapter 464 of the Florida Statutes, includes laws governing scope of practice, licensure and certification, and violations and penalties - Chapter 464 established the Florida Board of Nursing as an authority to adopt rules, develop standards for nursing programs, and discipline nurses who violate regulations - Nurses who fall below Florida's required minimum competency or who present a danger to patients, coworkers, or others are prohibited from working in the state.

Apology is one of the elements that must be established for a ruling of malpractice. A) True B) False

F According to tort law, four elements must be established for a ruling of malpractice: *Duty*: The nurse owed a duty to meet a particular standard of care. *Breach of duty*: The nurse failed to perform the owed duty. *Causation*: There is a causal connection between the nurse's failure and the patient's injury. *Damages*: An injury occurred for which monetary compensation is adequate relief.

At least 40 hours of continuing education must be completed every biennium in order to maintain a nursing license in Florida. A) True B) False

F All Florida nurses are required to renew their licenses and complete mandated continuing education every two years. The Act stipulates that up to 30 hours of continuing education may be required each biennium

Board meetings are held annually. A) True B) False

F Board meetings are held every two months, generally during the first week of every even month, and are open to the public. The full board meetings include disciplinary cases, application review, committee reports, rule discussions, and other necessary Board actions.

What is the organization that is responsible for the documentation and collection of data for the FL nurses' supply and demand?

FL Center for Nursing

What is the difference between a misdemeanor and a felony?

Felony → the most serious type of crime - Crimes involving serious bodily harm or violence, though not all felonies are violent - Punishable by a year or more in prison, with some even eligible for the death penalty in those states that allow capital punishment Misdemeanor → considered to be less serious offenses than felonies. - They're punishable by up to one year in jail - Most misdemeanors are property crimes, meaning they do not involve the presence of a victim.

What is the role and responsibility of the FL BoN?

Florida Board of Nursing licenses, *monitors, disciplines, educates and, when appropriate, rehabilitates its licensees* to assure their fitness and competence in providing health care services for the people of Florida

According to the Nurse Practice Act, the practice of practical nursing may be conducted under the direction of a registered nurse, licensed dentist, or licensed physician. A) True B) False

T

Using the name or title "Registered Nurse" without being duly licensed or certified is considered a misdemeanor in the first degree under the Nurse Practice Act. A) True B) False

T

The Nurse Practice Act is Chapter 464 of the Florida Statutes. A) True B) False

T - The Florida Nurse Practice Act was legislated to safeguard the public, and the purpose of the Act is to ensure that minimum safety requirements are met by every nurse practicing in the state. The Nurse Practice Act, Chapter 464 of the Florida Statutes, includes laws governing scope of practice, licensure and certification, and violations and penalties - Chapter 464 established the Florida Board of Nursing as an authority to adopt rules, develop standards for nursing programs, and discipline nurses who violate regulations - Nurses who fall below Florida's required minimum competency or who present a danger to patients, coworkers, or others are prohibited from working in the state.

Nurses who have been found guilty on three separate occasions of violations relating to the use of drugs or narcotics involving the diversion of drugs or narcotics from patients to personal use or sale are not eligible for reinstatement of licensure. A) True B) False

T Nurses who have been found guilty on three separate occasions of violations relating to the use of drugs or narcotics or involving the diversion of drugs or narcotics from patients to personal use or sale are not eligible for reinstatement of licensure

The Nurse Practice Act governs the practice of registered nurses, licensed practical nurses, and advanced practice registered nurses. A) True B) False

T The Nurse Practice Act governs the practice of RNs, LPNs, and APRNs. LPNs are those persons licensed to practice practical nursing, while RNs and APRNs are licensed to practice professional nursing, with various levels of specialization

Who are the members of the FL Center for Nursing? How are they appointed? What is the composition of the board? How long do they serve?

The board shall consist of 16 members Four members recommended by the President of the Senate - One shall be an RN recommended by the Florida Organization of Nurse Executives - One other representative of the hospital industry recommended by the Florida Hospital Association Four members recommended by the Speaker of the House of Representatives - One shall be an RN recommended by the Florida Nurses Association - One other representative of the long-term care industry Four members recommended by the Governor, two of whom shall be registered nurses - One nurse educator recommended by the Board of Governors who is a dean of a College of Nursing at a state university Three nurse educators recommended by the State Board of Education, one of whom must be a director of a nursing program at a Florida College System institution The terms of all the members shall be for 3 years, with no member serving more than two consecutive terms

A nurse writes a bad check to pay for re-licensure. Is this a violation? What type of violation is this? What is the punishment max/min?

The nurse will not be able to practice until the renewal fee is paid. Citations and $100 fine

A nurse steals a box of chocolate from a nursing home resident. What type of violation is this and what is the punishment? Max/min?

Theft is a 1st degree misdemeanor

Name the Statute and Chapter governing the FL BON

Title XXXII (Regulation of professions and occupations) Chapter 464 (Nursing)

What is the disciplinary process related to nursing?

When a license has been suspended or revoked, the individual must apply for reinstatement and submit evidence of the ability to practice nursing safely

The nurse does not report her address change to the BON within 6 months of moving. Is this a violation? What type of punishment?

Yes it is a violation. Citations and $100 fine. If a nurse moves, even out of state, he or she must notify the Board in writing of the new address within 60 days