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Professional Nursing
I: Socialization
NURSE PRACTICE ACT/BOARD OF NURSING
To e-mail the instructor phillips@fiu.edu
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ASSIGNMENT
(FOR WEB-BASED ONLY STUDENTS) 1.
Most nurses never read the Nurse Practice Act, the Act that regulates
their practices (that is, until they
E-MAIL YOUR ANSWERS TO THE INSTRUCTOR (AT LEAST 100 WORDS). |
Four pages in length
Male nurses were not mentioned.
Student must be at least 22 years of age.
Student must have high moral character.
Student must have a grammar school education.
Curriculum must include principles of medical/surgical and obstetric nursing.
A registered nurse must preside over the school.
"Registered" referred to the $5 fee paid by the graduate to put her name on a registry.
Physicians chose names of registry nurses to provide care for their patients.
Florida's
first licensing examination was administered in 1919.
Adjudicatory
Power--Authorization
to investigate, hear and decide complaints that involve violations of
the NPA or the rules and regulations promulgated by the board
Legal
Challenges to
the Powers of the Board of
Nursing and the Court Decisions
Jurisdiction--BON
must have power over the parties and over the subject in order to
hear and decide a case Leggett
v. BON (1980)
Procedures--BON
must follow the procedures that are required by the statutes or
regulations BON v. Hohu
(1954), Wildman v. Axelrod (1984)
Interpretation
of Unprofessional Conduct--BON
must interpret the meaning of unprofessional conduct according to
the definition of unprofessional conduct contained in the statute
and regulations Tuma v. BON
(1979), Stevens v. BON (1984)
Charge--BON
must prove the specific offense with which the nurse is charged
Sutton v. BON (1960)
Carruthers v. Allen (1963)
Garrison v. BON (1976) Hogan
v. BON (1984)
FLORIDA
BOARD OF NURSING (FBON)
www.doh.state.fl.us/Mqa/nursing/nur_home.html
Applicable Statutes
Nurse
Practice Act (Chapter 454)
Florida
Board of Nursing Rules (Chapter 64B9).
The Florida Board of Nursing’s Rules
are found in the Florida Administrative Code. The Rules (http://fac.dos.state.fl.us/)
provide specific policies/procedures related to carrying out the
Nurse Practice Act. Go
to the Department of Health, Chapter 64B9 1-16 (this is a PDF
file).
The
Board of Nursing consists of two groups--Board Members and Board Staff
Board
Members
Meet
to act on complaints and violations related to nurses
Approve
nursing programs
Employed
by the Department of Health
Work
day to day on licensing and practice issues
Board
staff work in one of four areas
Licensure--issues
licenses and makes address changes
Education--oversees
continuing education providers, ARNP certification, and schools of
nursing
Services--deals
with day to day operations (telephones, mail, etc.)
Compliant/compliance--oversees
all complaints against licenses, monitors compliance with
probation and continuing education.
FLORIDA
NURSE PRACTICE ACT (NPA)
The primary responsibility of the Florida NPA is to protect the public,
not the nurse.
Title
Purpose
Definitions
Joint
committee appointees
Board
of Nursing: Membership, Appointments, Terms
Board
headquarters
Authority
to make rules
Licensure
by examination
Licensure
by endorsement
Certification
of ARNPs
Renewal
of license or certificate
Inactive
status
Titles
and abbreviations
Violations
and penalties
80-85%
of complaints handled by FBON relate to drugs or alcohol.
Complaints
may be handled by the Intervention Project for Nurses (IPN) if the
individual (1) freely admits the problem; (2) voluntarily enrolls
in IPN; and (3) voluntarily limits or withdrawals from practice as
specified by IPN.
15-20%
of complaints relate to improper supervision or delegation,
falsifying an application or medical record, and unprofessional
conduct (abandoning an assignment, fighting, shouting obscenities
in patient care areas, selling drugs, or failing to practice
safely due to physical or mental illness).
Sexual
misconduct
Disciplinary
actions
Approval
of nursing programs
Retired
volunteer nurse certificate
Exceptions
Saving
clauses
Registered
nurse first assistant
Step
1--Register
the complaint by calling Consumer Services.
Provide the name or names of the nurses, and license and
social security numbers, if possible.
If there is sufficient information, a confidential file is
opened.
Step
2--An
investigator gathers data and may set up a sting operation.
The nurse does not have to be informed at this point.
Step
3--Evidence
is examined by the probable cause panel.
If the members decide a violation of the Nurse Practice Act
has occurred, a formal administrative complaint is filed and becomes
public after 10 days. At
this point, the nurse under investigation is formally notified, and
she/he has three options:
Request
a formal hearing to plead his/her case.
Request
an informal hearing to plead guilty and explain actions.
Sign
a stipulation agreement indicating she/he will follow any
recommendations that were made by the probable cause panel
Whatever
option is chosen, the nurse must appear the Board, the only authority
who can act on a nursing license.
The
nurse has 21 days to appeal the Board's decision.
Occasionally,
an individual's conduct is so egregious, the Board immediately
suspends the license, then goes through the investigative process.
Abandonment
of assignment occurs when an individual accepts an assignment,
begins to carry it out, then--before completing the
assignment--leaves without making provisions for coverage.
It
is not an abandonment of assignment if: (1) a nurse is unable to get
to work and begin the assignment; or (2) a nurse refuses to accept
at the onset an assignment that
he/she feels cannot safely or competently fulfill (such as doing
chemotherapy with no experience).