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?
Which of the following is authorized in statute as grounds for disciplinary action? Fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing Reporting a nurse for failing to conform to the minimum standards of practice Forgetting to sign out out the end of a shift That is correct.
Fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing- Fraud or deceit in procuring a license is grounds for disciplinary action.
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.
Who cannot supervise the nursing practice of an LVN? RNs LVNS with more than two years of experience correct Dentists
LVN- LVNs cannot be supervisors for vocational nursing practice.
What percentage of nurses licensed in Texas are reported to the Board?13 Less than 3% More than 15% Less than 27%
Less than 3% Less than 3% of nurses licensed in Texas are reported to the Board.
*** CHECK*** May a nurse make an anonymous complaint to the Board about another nurse? Yes No That is correct. All complaints must be written and signed.
NO All complaints must be written and signed.
What information MUST be on your name badge? Select all that apply. A. Name B. Employer C. Licensure level D. Eye color E. Nickname
Name, Licensure level
Which criminal convictions need NOT be disclosed to the Board when applying for or renewing a license? Deferred adjudications Parking violations correct Probated sentences
Parking Violations Anything beyond a minor Class C traffic violation does need to be disclosed.
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
Which rule is considered the 'heart' of your nursing practice? Rule 217.12. Unprofessional Conduct Rule 220, Nurse Licensure Compact Rule 217.11, Standards of Nursing Practice
Rule 217.11, Standards of Nursing Practice is considered the "heart" of your nursing practice.
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).
What is one purpose of Incident-Based Peer Review? To single out bad nurses and remove them from the profession To make an example of hospitals with the highest incident errors To determine if a nurse's conduct requirese a report to the Board.
To determine if a nurse's conduct requirese a report to the Board.- One purpose of Incident-Based Peer Review is to determine if a nurse's conduct requires a report to the Board.
What is one purpose of Safe Harbor Peer Review? To protect a nurse from Board licensure sanctions while he or she proceeds to work a shift with less than optimal staffing To protect a nurse form the unfair reporting habits of their coworkers To provide a nurse means of requesting a pay raise That is correct. Safe Harbor Peer Review protects nurses while they accept assignments under less than ideal circumstances.
To protect a nurse from Board licensure sanctions while he or she proceeds to work a shift with less than optimal staffing
What is the mission of the Texas Board of Nursing? To protect nurses from lawsuits To protect the citizens of the state of Texas To lobby the legislature for laws that help nurses perform their duties
To protect the citizens of the State of Texas The mission of the Board of Nursing is to protect the citizens of the state of Texas.
What is the purpose of Safe Harbor Peer Review? To provide protection for a nurse who is asked to accept an assignment that might violate the Board rules and regulations or create and unsafe environment for patients To remove a nurse's fear of being unfairly targeted for disciplinary action because of prior complaints made against a facility To protect a nurse from being fired when asking for a raise in salary
To provide protection for a nurse who is asked to accept an assignment that might violate the Board rules and regulations or create and unsafe environment for patients= the purpose of Safe Harbor Peer Review is to provide protection for a nurse who is asked to accept an assignment that might violate the Board rules and regulations or create an unsafe environment for patients.
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.
Part of the mission of the Texas Board of Nursing is to protect nurses from unfair employment practices. TRUE FALSE
FALSE
The Board of Nursing can lobby the Texas Legislature to enact laws that help nurses in their profession. TRUE FALSE
FALSE
If a doctor tells you, 'Don't worry, you are working under my license,' then it's safe to perform a medical act that 'you' feel might be out of your scope of practice.59 TRUE FALSE
FALSE Always follow Board rules for determining what falls within your scope of practice.
When you are under investigation, you are not required to submit a formal response to the allegation. TRUE FALSE
FALSE Your response is required and is an important factor the Board carefully considers when reviewing the facts of your case.
It's okay to borrow money from a rich patient as long as you pay back the loan in a timely and honorable manner TRUE FALSE
FALSE- It is a boundary violation to borrow money from a patient.
When you apply for or renew a license, you only have to disclose criminal convictions. TRUE FALSE.
FALSE- Always refer to Board rules to determine what must be disclosed.
You can rely on your employer and doctors to let you know what acts fall within your scope of practice. TRUE FALSE
FALSE- Board rules and resources will help you determine what is within your scope of practice.
Peer Review Committees post monthly reports highlighting their actions. TRUE FALSE
FALSE- The peer review process is confidential.
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.
According to Rule 217.12 (6)(D), boundary violations include but are not limited to what kinds of exploitative behavior? Select all apply. Sexual behavior Emotional behavior Financial behavior All of the above
ALL OF THE ABOVE- Always refer to Board rules to determine what must be disclosed.
Which standard of practice does NOT apply to all nurses? Knowledge of and ability to conform to Board rules Ability to delegate tasks Advocate for patient safety
Ability to delegate tasks- Ability to delegate does not apply to all nurses.
What types of exploitation could potentially constitute boundary violations? Select all that apply. Physical activities Sexual activities Financial activities All of the above
All of the above All these types of exploitation can constitute boundary violations.
Which conditions fall under the category of fitness for duty, and as such, may impact your ability to practice safely?19 Hung over Fatigued On illicit drugs All of the above
All of the above All of these factors may affect your ability to practice safely.
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
Which is most important - employer's instructions, doctor's instructions, the needs of the nurse, or the duty to the patient? Employer's instructions Doctor's instructions Needs of the nurse Duty to the patient
Duty to the patient- Duty to the patient is more important than an employer's instructions, a doctor's instructions, or even the nurse's needs.
