Nursing Jurisprudence Flashcards

Primary Resources for State Law

• Texas Board of Nursing (BON) and Nursing Practice Acts are primary sources of state law regulating nursing.

Nursing Jurisprudence

• Involves the rules, ethics, and morals guiding nurses in healthcare settings.

Texas Nurse Practice Acts

• Chapter 301: Outlines responsibilities for nursing education, licensure, and practice.
• Chapter 303: Regulates nursing peer review processes.
• Chapter 304: Relates to the nursing licensure compact across states.

Texas BON Mission Statement

• Aims to protect and promote the welfare of Texas residents by ensuring nurses are competent to practice safely.

Chapter 301 NPA Overview

• Covers board appointments, powers, licensing requirements, reporting of violations, and disciplinary actions.

Board of Nursing Functions

• Represents the public interest, handles licensing, and provides enforcement and information services but does not regulate practice settings.

Professional Associations

• Lobby for nursing interests, providing job referral services, legal help, and supporting work conditions and benefits.

Licensure and Regulation

• Temporary GN permits expire in 75 days; license renewal notices occur 60 days before expiration.
• Continuing education requires 20 hours every two years, with specific records kept for four years.

Initial Licensure by Examination

• Requires a criminal background check, sworn application, proof of education, and passing of NCLEX and NJE.

Disclosure of Criminal Behavior

• Nurses must report past criminal behavior but minor misdemeanors like parking tickets are excluded.

Five Categories of Trust by BON

• Honesty, Accountability, Trustworthiness, Reliability, Integrity are essential for nursing practice.

Good Professional Character

• Involves accountability, rational judgment, keeping promises, and disclosing facts to enhance patient health.

Professional Boundaries

• Must maintain professional boundaries and avoid actions that cannot be documented; violations include various forms of exploitation.

Nursing Peer Review

• Separate from BON reviews; confidential processes focused on practice evaluation following incidents or safe harbor situations.

Incident Based Peer Review

• Mandatory in facilities employing 10 or more staff, initiated by incidents or errors, emphasizing collegial practice evaluation.

RN Standards of Care

• Involves making nursing diagnoses, developing care plans, evaluating patient responses, and practicing independently within NPA rules.

LVN Standards of Care

• Involves planning nursing care, performing assessments, and implementing care under supervision, focusing on stable patients.

Duty to Patients

• Nurses should only accept assignments that align with their competencies, education, and emotional well-being.

Steps for Evaluating Nursing Actions

• Considers consistency with NPA, authorization, research support, personal competency, prudent actions, and acceptance of consequences.

Prohibited Delegation Tasks

• Involves critical responsibilities such as initial assessments, care planning, and some medication administration.

Minor Incident Definition

• Conduct that does not pose a risk of harm to patients or others; minor incidents must be assessed for potential reporting.

Exclusion to Minor Incident Rule

• Certain criteria necessitate reporting minor incidents, including risk of significant harm or patterns of misconduct.

NEVER a Minor Incident

• Errors resulting in death or serious harm, criminal actions, and serious violations are non-negotiable and must be addressed immediately.

IBPR Due Process Rights

• Nurses entitled to notifications and opportunities to respond during peer review processes.

Safe Harbor Peer Review

• Facilitates safe assignment acceptance; does not protect against civil actions and must be invoked before care provision.

Mandatory Overtime Regulations

• Nurses can refuse overtime unless required for emergencies or essential procedures.

Reporting Concerns About Mandatory Overtime

• Issues should be addressed with unit management, staffing committees, or DSHS if internal measures fail.

Primary Duty of Nurses

• Always act in the best interest of the patient and ensure their safety.

Definitions of Patient Abandonment

• Leaving a patient versus leaving employment affects the classification and subsequent implications.

Floating to Unfamiliar Areas

• Nurses retain responsibility for patient care and can request training or invoke safe harbor before floating assignments.

Safety Concerns with Assignments

• Assess clarity of tasks, acknowledge potential assignment changes, communicate concerns, and seek modification options.

Disciplinary Action Factors

• Issues related to chemical dependency, mental illness, or prescription medications may prompt disciplinary measures.

Red Flags in Nursing Practice

• Signs such as frequent absences, lateness, unusual documentation, and behavioral changes may indicate underlying issues.

Unprofessional Conduct Examples

• Includes drug diversion, unsafe practices, and criminal actions contributing to disciplinary actions.

Complaint Investigation Process

• Involves notification of the nurse, evidence collection by an investigator, and a subsequent decision by the board.

Nurse's Responsibilities During Investigations

• Must respond promptly, maintain up-to-date contact information, and engage with the investigator transparently.

Types of Nurse Remediation

• Can include remedial education or supervision; losing a license is a possibility for serious infractions.

Filing Complaints Against Other Nurses

• Must be documented and confidential; failure to report violations may result in disciplinary actions.

Texas Nursing Jurisprudence Exam Requirements

• Consists of 50 questions, requiring a minimum score of 75% to pass prior to taking NCLEX; eligibility begins ten days post-application.

Home State License Regulations

• Nurses are required to be licensed in their state of residence and must update licensure within thirty days of relocation.

Party State License Compact

• Allows practice across participating states using a home state license, facilitating multi-state nursing opportunities.