care provider legally authorized under this title and in accordance with the commissioner’s regulations. §6903. Practice of nursing and use of title “registered professional nurse” or “licensed practical nurse”. Only a person licensed or otherwise authorized under this article shall practice nursing and only a person licensed under section sixty-nine hundred four shall use the title “registered professional nurse” and only a person licensed under section sixty-nine hundred five of this article shall use the title “licensed practical nurse”. No person shall use the title “nurse” or any other title or abbreviation that would represent to the public that the person is authorized to practice nursing unless the person is licensed or otherwise authorized under this article. §6904. State board for nursing. A state board for nursing shall be appointed by the board of regents on recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing and professional conduct in accordance with section sixty-five hundred eight of this title. The board shall be composed of not less than fifteen members, eleven of whom shall be registered professional nurses and four of whom shall be licensed practical nurses all licensed and practicing in this state for at least five years. An executive secretary to the board shall be appointed by the board of regents on recommendation of the commissioner and shall be a registered professional nurse registered in this state. §6905. Requirements for a license as a registered professional nurse. To qualify for a license as a registered professional nurse, an applicant shall fulfill the following requirements: 1. Application : file an application with the department. 2. * Education : have received an education, and a diploma or degree in professional nursing, in accordance with the commissioner’s regulations, and in order to continue to maintain registration as a registered professional nurse in New York state, have attained a baccalaureate degree or higher in nursing within ten years of initial licensure in accordance with the commissioner’s regulations. The department, in its discretion, may issue a conditional registration to a licensee who fails to complete the baccalaureate degree but who agrees to meet the additional requirement within one year. The fee for such a conditional registration shall be the same as, and in addition to, the fee for the triennial registration. The duration of such conditional registration shall be for one year and may be extended, with the payment of a fee, for no more than one additional year, unless the applicant can show good cause for non-compliance acceptable to the department. Any licensee who is notified of the denial of a registration for failure to complete the additional educational requirements and who practices as a registered professional nurse without such registration may be subject to disciplinary proceedings pursuant to section sixty-five hundred ten of this title. * NB Effective June 18, 2019. 3. Experience : meet no requirement as to experience. 4. Examination : pass an examination satisfactory to the board and in accordance with the commissioner’s regulations. 5. Age : be at least eighteen years of age. 6. Citizenship : meet no requirement as to United States citizenship. 7. Character : be of good moral character as determined by the department. 8. Fees : pay a fee of one hundred fifteen dollars to the department for admission to a department conducted examination and for an initial license, a fee of forty-five dollars for each reexamination, a fee of seventy dollars for an initial license for persons not requiring admission to a department conducted examination, and a fee of fifty dollars for each triennial registration period (http://www. op.nysed.gov/prof/nurse/article139.htm).
The state nurse practice act is an important piece of legislation affecting nursing practice within each state (Wacko Guido, 2020). Nurses are accountable under the legal provisions of their state’s nurse practice act and must adhere to these legal mandates when practicing nursing. All states and territories in the United States have enacted NPAs (Wacko Guido, 2020). Each nurse practice act is enforced by each state’s board of nursing (BON). As noted, the specifics among NPAs vary from state to state, but all NPAs describe the following common items (Wacko Guido, 2020): ● Qualification for licensure. ● Nursing titles that are allowed to be used. ● Scope of practice. ● Actions that can or will happen if the nurse does not follow the nursing law (grounds for disciplinary action). ● Definitions. ● Authority, power, and composition of a BON. Nursing consideration: Why are Licenses Important: To quote Dr. Julie Socjalski “You do not become a registered nurse because you pass the NCLEX®. Yes, you need to pass it, but that’s because a recognized authority, the state board, has been empowered to determine the qualifications for you to sit for licensure as a registered nurse. Your opportunity to become licensed as a registered nurse is something that has been granted by the public. It is, in fact, an agreement with the public. The public has deemed that the practice of nursing is something of such value, something of such significance, something that embodies such expert knowledge, something where they engage with you in their most vulnerable state, that they have decided to establish an agreement with you, your license, that allows you to minister your best to them. It is not something to take lightly, but rather something that calls you to recognize your practice as a sacred commitment to the public (NCSBN, 2018c). Here is an example of parts of a nursing practice act from New York State: §6901. Definitions. As used in section sixty-nine hundred two: 1. “Diagnosing” in the context of nursing practice means that identification of and discrimination between physical and psychosocial signs and symptoms essential to effective execution and management of the nursing regimen. Such diagnostic privilege is distinct from a medical diagnosis. 2. “Treating” means selection and performance of those therapeutic measures essential to the effective execution and management of the nursing regimen, and execution of any prescribed medical regimen. 3. “Human Responses” means those signs, symptoms and processes which denote the individual’s interaction with an actual or potential health problem. §6902. Definition of practice of nursing. 1. The practice of the profession of nursing as a registered professional nurse is defined as diagnosing and treating human responses to actual or potential health problems through such services as case finding, health teaching, health counseling, and provision of care supportive to or restorative of life and well-being, and executing medical regimens prescribed by a licensed physician, dentist or other licensed health care provider legally authorized under this title and in accordance with the commissioner’s regulations. A nursing regimen shall be consistent with and shall not vary any existing medical regimen. 2. The practice of nursing as a licensed practical nurse is defined as performing tasks and responsibilities within the framework of case finding, health teaching, health counseling, and provision of supportive and restorative care under the direction of a registered professional nurse or licensed physician, dentist or other licensed health
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