Page 2 nursing.elitecme.com Complete Your CE Test Online - Click Here Disclaimer The information provided in this activity is for continuing education purposes only and is not meant to substitute for the independent medical judgment of a healthcare provider relative to diagnostic and treatment options of a specific patient’s medical condition. ©2018: All Rights Reserved. Materials may not be reproduced without the expressed written permission or consent of Elite Professional Education, LLC. The materials presented in this course are meant to provide the consumer with general information on the topics covered. The information provided was prepared by professionals with practical knowledge of the areas covered. It is not meant to provide medical, legal, or professional advice. Elite Professional Education, LLC recommends that you consult a medical, legal, or professional services expert licensed in your state. Elite Professional Education, LLC has made all reasonable efforts to ensure that all content provided in this course is accurate and up to date at the time of printing, but does not represent or warrant that it will apply to your situation nor circumstances and assumes no liability from reliance on these materials. Quotes are collected from customer feedback surveys. The models are intended to be representative and not actual customers. Introduction Legal and ethical components of nursing practice are complex and can generate vigorous debate and moral quandaries. In 2014, the Texas Board of Nursing established a requirement for two continuing education contact hours related to nursing jurisprudence and ethics prior to the end of every third licensure renewal cycle to assist nurses in interpreting legal and ethical guidelines. This course provides principles and best practices for delivering nursing care that meets or exceeds legal and ethical standards. As required by the Texas Board of Nursing (BON), it reviews: ● ● BON rules including Board Rule 217.11. ● ● Standards of Nursing Practice. ● ● Texas BON Position Statements. ● ● Professional boundaries. ● ● Principles of nursing ethics. Nursing jurisprudence and nursing ethics Each nurse, including an APRN, is required to complete at least two hours of CNE, as defined in this chapter, relating to nursing jurisprudence and nursing ethics before the end of every third, two-year licensing period. The CNE course(s) shall contain information related to the Texas Nursing Practice Act, the Board’s rules, including §217.11 of this title (relating to Standards of Nursing Practice), the Board’s position statements, principles of nursing ethics, and professional boundaries. The hours of continuing education required under this subsection shall count towards completion of the 20 contact hours of CNE required in subsection (a) of this section. Certification may not be used to fulfill the CNE requirements of this subsection. Nursing practice regulation There are numerous laws and guidelines governing nursing practice. Professional organizations may establish codes of behavior for their membership, and each state has its own nursing practice act that sets nursing standards, defines scope of practice, and otherwise regulates professional nursing in that state. Most nurse practice acts begin by defining critical terms, such as the practice of registered nursing and the practice of licensed practical nursing, which differentiate between RN and LVN practice, according to the scope of practice and education requirements (Mathes & Reifsnyder, 2014). Many state standards and guidelines are patterned after those established by national nursing organizations (Texas Board of Nursing, 2014). A revised version of the American Nurses’Association (ANA) Code of Ethics for professional nursing behavior, published in 2015, will likely influence the content of state nursing codes as it emphasizes nurse obligations to protect clients from harm and professional responsibilities in promoting a culture of safety (American Nurses Association, 2015). Each state’s nurse practice act establishes a board of nursing. In July 2015, Texas Governor Greg Abbott appointed six new board members, and reappointed the seventh, to six-year terms on the Texas Board of Nursing (BON) (Office of the Texas Governor, 2015). Individual state boards of nursing have the authority to (Texas Board of Nursing, 2014; Mathes & Reifsnyder, 2014): ● ● “Establish the composition and scope of authority of the state’s ‘Board of Nursing.’” ● ● “Establish education program standards.” ● ● “Accredit or approve nurse education programs.” ● ● “Define the standards and scope of practice of professional (RN), practical (LPN), and advanced practice nursing (nurse practitioner) from a regulatory standpoint.” ● ● “Establish the requirements to obtain a license to practice nursing in that state and oversee licensure examinations.” ● ● “Describe the grounds for discipline against a nurse’s license.” ● ● “Define the use and limitation on the use of the title “nurse.” State nursing boards, such as the Texas Board of Nursing and national nursing organizations, such as the American Nurses’Association, play separate but complementary roles in nursing regulation. Nursing associations represent their members, while the Board serves the people of Texas via assuring licensed nurses meet minimum standards of safe practice. Codes of Ethics published by professional nursing associations and organizations are not enforceable as law. However, nurses who violate these codes of conduct may be subject to disciplinary action for unprofessional conduct by their state boards of nursing. Disciplinary actions could include reprimand, license suspension, and/or revocation of the nurse’s license (Mathes & Reifsnyder, 2014). Therefore, it behooves nurses to practice within not only legal parameters, but ethical codes as well. Texas Nursing Practice Act The Texas Nursing Practice Act (NPA) [including the associated rules of the Texas Administrative Code (TAC)] is the primary source of nursing law in Texas. All nurses should be familiar with, and know how to access copies of the current Texas Nurse Practice Act, which can be found on the Texas Board of Nursing website: https://www.bon.texas. gov/laws_and_rules_nursing_practice_act.asp . What is considered legal and within scope of practice in one state may be prohibited in another state, and recent amendments to Texas Laws and Rules affect provisions of the Texas NPA. Nursing Practice Act alert! The primary goal of the Nurse Practice Act is to protect the public from harm (Texas Board of Nursing, 2014). The Texas NPA defines professional nursing as “the performance of an act that requires substantial specialized judgment and skill, the proper performance of which is based on knowledge and application of the principles of biological, physical, and social science as acquired by a completed course in an approved school of professional nursing. The term does not include acts of medical diagnosis or the prescription of therapeutic or corrective measures (Texas Board of Nursing, 2013b). The scope of practice for professional nursing involves (Texas Board of Nursing, 2013b):