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Regulation of Nursing Professional Nursing

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The National League of Nursing. American Association of Colleges of Nursing ... Understand the Role of the BRN as it Applies to Disciplinary Actions ... – PowerPoint PPT presentation

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Title: Regulation of Nursing Professional Nursing


1
Regulation of Nursing Professional Nursing
2
OBJECTIVES
  • Define the Roles of the Following Agencies
  • The BRN
  • The National League of Nursing
  • American Association of Colleges of Nursing
  • California Nurses Association
  • Explain the Differences Between
  • Accreditation
  • Licensure
  • Certification

3
  • Explain the Differences Between
  • Professional Regulation
  • Government Regulation
  • Understand the Role of the BRN as it Applies to
    Disciplinary Actions
  • Understand Your Responsibilities as a Student
    Nurse and Explain Your Professional Liability.
  • Understand the Student Code of Conduct for SJSU
  • Including Requirements for Progression to
    Semester Four
  • The SON Chain of Command
  • SON Dress Code

4
Professional Regulation of Nursing practice
begins with the Professions Definition of
Nursing.
  • Who Defines the Profession of Nursing?
  • Nurse Theorist
  • ANA
  • BRN
  • NLN
  • The Public
  • ANA Nursings Social Policy Statement

5
How Does Professional Regulation Benefit Nurses?
  • Establishes Laws and Defines Scope of Practice
  • Establishes a Code of Ethics
  • Certifies Advanced Nursing Practice
  • Examples Clinical Specialties i.e. Critical
    Care, Psychiatric Nursing, Obstetrics, etc

6
Regulation Provides Accountability
  • Scope and Standards of Nursing Practice,
    developed by ANA on behalf of the profession.
  • The Scope and Standards create the foundation for
    specialty practice standards and inform the State
    Nurse Practice Acts, which provide a second layer
    of accountability.
  • Rules and regulations promulgated by individual
    states, based upon each states nurse practice
    act.
  • Accountability to the institution or agency for
    whom she/he employed, via institutional policies
    and procedures.
  • A final level of accountability for RN practice
    occurs via the individual nurses own
    self-determination of those aspects of practice
    she/he believes herself competent to perform.

7
The ANA
  • Nursing is the protection, promotion, and
    optimization of health and abilities, prevention
    of illness and injury, alleviation of suffering
    through the diagnosis and treatment of human
    response, and advocacy in the care of
    individuals, families, communities, and
    populations.
  • (Nursing's Social Policy Statement, Second
    Edition, 2003, p. 6 Nursing Scope and
    Standards of Practice, 2004, p. 7)

8
  • A caring relationship that facilitates health and
    healing.
  • Attention to the range of human experiences and
    responses to health and illness within the
    physical and social environments.
  • Integration of objective data with knowledge
    gained from an appreciation of the patient's or
    group's subjective experience.
  • Application of scientific knowledge to the
    processes of diagnosis and treatment through the
    use of judgment and critical thinking.
  • Advancement of professional nursing knowledge
    through scholarly inquiry.
  • Influence on social and public policy to promote
    social justice.
  • From ANA's Nursing's Social Policy Statement,
    Second Edition, 2003.

9
Nurse Theorist
  • Florence Nightingale, in her Notes on Nursing
    What It Is and What It Is Not, defined nursing as
    having charge of the personal health of somebody
    … and what nursing has to do … is to put the
    patient in the best condition for nature to act
    upon him.
  • Virginia Henderson, nurses help people, sick or
    well, to do those things needed for health or a
    peaceful death that people would do on their own
    if they had the strength, will, or knowledge.

10
Government Regulation of Practice
  • Federal Government
  • Protect Privacy with HIPAA The Health Insurance
    Portability and Accountability Act Legislation
  • Address Health and Safety Issues Such as the
    Regulation which Determines which Drugs are OTC
    and which are not.
  • Controls Eligibility for Medicare and Medical
    Payments
  • State Government
  • By licensure of New Grads
  • Certification of Advance Practitioners
  • Nurse Practice Act Scope of Practice

11
Government Regulation
  • Defined by Statute
  • State Nurse Practice Acts are the Codification of
    Regulations and Statues which Grant Nurses the
    Right to Practice Require Them to Act in the
    Publics Best Interest ANA Nursing Social Policy
    Statement
  • Legal Contract between the Profession and Society

12
Scope of Practice
In all 50 States
  • There are Legal Requirements for Nursing
    Practice.
  • Which exists to assure the health, safety, and
    welfare of the general public and to protect the
    integrity of the nursing profession.

13
THE BRN
  • The California Board of Registered Nursing (BRN)
    regulates the practice of registered nursing and
    certified advanced practice nurses in order to
    protect the public. The Board exists to protect
    the health and safety of consumers and promote
    quality registered nursing care in California.
  • http//www.rn.ca.gov/

14
CALIFORNIA NPA
  • California Legislature Enacts All Changes to the
    Nurse Practice Act
  • Board of Registered Nurses Protects the Public
    and Enforces the Statues

15
Nurse Practice Act
  • The Nursing Practice Act (NPA) is the body of
    California law that mandates the Board to set out
    the scope of practice and responsibilities for
    RNs.
  • The Practice Act is located in the California
    Business and Professions Code starting with
    Section 2700.
  • Regulations which specify the implementation of
    the law appear in the California Code of
    Regulations. http//www.rn.ca.gov/npa/npa.htm

16
Regulations
  • Statements Issued by the BRN carry the weight of
    the Law
  • The BRN regulates nursing schools
  • Sets Standards for Competent Performance
  • Sets continuing education requirements
  • Sets standards and issues Certification for
    Nurse-Midwives, NP, and Public Heath Nurses

17
WHO IS THE BRN
  • NPA 2702
  • Each member of the board shall be a citizen of
    the United States and a resident of the State of
    California.
  • Four members shall represent the public at large,
    and shall not be licensed under any board under
    this division or any board referred to in Section
    1000 or 3600 and shall have no pecuniary
    interests in the provision of health care
    services.
  • Two members shall be licensed registered nurses
    under the provisions of this chapter, each of
    whom shall be active in the practice of his or
    her profession engaged primarily in direct
    patient care with at least five continuous years
    of experience, and who shall not be engaged as an
    educator or administrator of a nursing education
    program under the provisions of this chapter.
  • http//www.rn.ca.gov/npa/pdf/b-p.pdf

18
  • One member shall be a licensed registered nurse
    who shall be active as an advanced practice
    registered nurse as defined in Section 2725.5.
  • One member shall be a licensed registered nurse
    under the provisions of this chapter who shall be
    active as an educator or administrator in an
    approved program to train registered nurses.
  • One member shall be a licensed registered nurse
    who is an administrator of a nursing service with
    at least five continuous years of experience.
  • http//www.rn.ca.gov/npa/pdf/b-p.pdf

19
  • WHAT DOES THE NPA TELL US?

20
2725. Legislative intent Practice of nursing
defined
  • (a) In amending this section at the 1973-74
    session, the Legislature recognizes that
  • nursing is a dynamic field, the practice of which
    is continually evolving to include more
  • sophisticated patient care activities. It is the
    intent of the Legislature in amending this
  • section at the 1973-74 session to provide clear
    legal authority for functions and
  • procedures that have common acceptance and usage.
    It is the legislative intent also to
  • recognize the existence of overlapping functions
    between physicians and registered

21
  • nurses and to permit additional sharing of
    functions within organized health care systems
  • that provide for collaboration between physicians
    and registered nurses. These organized
  • health care systems include, but are not limited
    to, health facilities licensed pursuant to
  • Chapter 2 (commencing with Section 1250) of
    Division 2 of the Health and Safety Code,
  • clinics, home health agencies, physicians'
    offices, and public or community health
  • services.

22
  • 2725b Further defines Dependent and independent
    nursing practice.
  • 2725b 1,2,4a Defines Independent practice i.e.
    those things that RN may do independent of other
    Practitioners such as Direct and indirect
    patient care services that ensure the safety,
    comfort, personal
  • hygiene, and protection of patients and the
    performance of disease prevention and restorative
    measures.

23
  • 2725b2,4p Define Dependent Practice such as
    Direct and indirect patient care services,
    including, but not limited to, the administration
    of medications and therapeutic agents, necessary
    to implement a treatment, disease prevention, or
    rehabilitative regimen ordered by and within the
    scope of licensure of a physician, dentist,
    podiatrist, or clinical psychologist, as defined
    by Section 1316.5 of the Health and Safety Code.

24
  • 2725C Defines Standardized Procedures 2750
    Defines Discipline and modes of discipline
  • 2761 Outlines grounds for disciple such as
    Except for good cause, the knowing failure to
    protect patients by failing to follow infection
    control guidelines of the board, thereby risking
    transmission of blood-borne infectious diseases
    from licensed or certified nurse to patient, from
    patient to patient, and from patient to licensed
    or certified nurse.

25
  • 2762. Drug-related transgressions
  • 2770. Legislative intent
  • It is the intent of the Legislature that the
    Board of Registered Nursing seek ways and means
    to identify and rehabilitate registered nurses
    whose competency may be impaired due to abuse of
    alcohol and other drugs, or due to mental illness
    so that registered nurses so afflicted may be
    rehabilitated and returned to the practice of
    nursing in a manner which will not endanger the
    public health and safety. It is also the intent
    of the Legislature that the Board of Registered
    Nursing shall implement this legislation by
    establishing a diversion program as a voluntary
    alternative to traditional disciplinary actions.
  • http//www.rn.ca.gov/npa/pdf/b-p.pdf

26
The BRNS Role In Nursing Education
  • Review and Approval of Initial and on-going
    Nursing Education Programs
  • Regulation of Continuing Education for RNs

27
Professional Regulation of Education
  • National League of Nursing
  • American Association of Colleges of Nursing
  • Professional Association Accredit Nursing
    Programs But Do Not Standardize the Curriculum

28
Other Regulatory Agencies
  • California Department of Public Health (CDPH)
    Licensing and Certification Program (LC)
  • LC is responsible for ensuring health care
    facilities comply with state laws and
    regulations.
  • Ensures that facilities accepting Medicare and
    Medi-Cal payments meet federal requirements.
  • http//www.cdph.ca.gov/programs/Pages/LnC.aspx

29
The U.S. Department of Health and Human Services
  • Health Information Privacy (HIPAA)
  • Dissemination of CDC guidelines and other Health
    related information
  • http//www.hhs.gov/

30
The Joint Commission
  • The Joint Commission has been accrediting
    hospitals for more than 50 years.
  • Accreditation is a nationwide seal of approval
    that indicates a hospital meets high performance
    standards.
  • http//www.jointcommission.org/

31
California Department of Health Services
  • Licensing 30 different types of health care
    facilities and providers (a total of over 6,000)
    so that they can legally do business in
    California.
  • Certifying to the federal government health care
    facilities and providers that are eligible for
    payments under the Medicare and Medicaid
    (Medi-Cal) programs.

32
American Nurses Credentialing Center
  • The largest and most prestigious nursing
    credentialing organization in the United States
  • Provides programs that establish respect for
    nurses and the profession.
  • Advance practice certification for RNs Magnet
    Status Certification for Hospitals
  • ANCC certifications are highly regarded across
    the nation by federal, state and local agencies

33
Professional Organization
  • Professional Nursing Organizations
  • Broad Spectrum Organizations
  • ANA, ANA-C, CNA
  • Specialty Practice Organizations
  • Such as APNA, AORN

34
Leadership - Professional Organization Group
Projects Instructions are on Web CT My Website
  • Groups Must Have
  • at Least 5 Members
  • No More Then Six (no exceptions)
  • Groups Will
  • Designate a Group Leader
  • Chose a Name for Their Group
  • The Group Leader Will Post
  • The Groups Name
  • List of Members and Choice of Organization in the
    Discussion section of Blackboard
  • Group leaders will post their info before
    midnight on Monday 9/8
  • Groups will attempt to not duplicate what their
    peers are doing.

35
  • Our First Online Discussion Is Posted

36
Welcome Dr. Malloy Under Graduate
Coordinator smalloy_at_son.sjsu.edu
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