such subjects as the board determines. All examinations shall be conducted by such persons and in such manner and under such rules and regulations as the board may prescribe. The board shall finally pass or reject all applicants. Its actions shall be final and conclusive and not subject to review by any court or other authority. (Added by Stats. 1939, Ch. 807.) 2741. An application for reexamination shall be accompanied by the fees prescribed by this chapter. (Amended by Stats. 2005, Ch. 621, Sec. 38. Effective January 1, The board shall issue a license to each applicant who passes the examination and meets all other licensing requirements. The form of the license shall be determined in accordance with Section 164. (California Legislative Information, n.d.) As one can see, the California Nurse Practice act is much more detailed in describing what a nurse can and cannot do, than the New York State NPA. For example, issues of delegation are contained in the California nurse practice act, whereas in New York state this information is not readily available on the BON and Office of Professions website. On the other hand, New York State protects the title “Registered Professional Nurse”, whereas California does not. 2006.) 2742. Nursing consideration: Ignorance of the law as it relates to the NPA in a nurse’s state is never an excuse for failing to follow its mandates. Nurses can find the mandates by logging on to the website of their state board of nursing. The National Council of State Boards of nursing at https://www.ncsbn.org/ index.htm has information about how to access all state boards of nursing in the United States.
(b) Notwithstanding the provisions of subdivision (a), a continuing education course dedicated solely to research or other issues that does not include a direct patient care component is not required to contain curriculum that includes implicit bias in the practice of nursing. (c) In order to satisfy the requirements of subdivision (a), continuing education courses shall address at least one or a combination of the following: (1) Examples of how implicit bias affects perceptions and treatment decisions of licensees, leading to disparities in health outcomes. (2) Strategies to address how unintended biases in differences in medical treatment along lines of race, ethnicity, gender identity, sexual orientation, age, socioeconomic status, or other characteristics. (Added by Stats. 2019, Ch. 417, Sec. 3. (AB 241) Effective January 1, 2020.) 2736.6. The board shall determine by regulation the additional decision-making may contribute to health care disparities by shaping behavior and producing preparation in nursing, in a school approved by the board, which is required for a vocational nurse, licensed under Chapter 6.5 (commencing with Section 2840) of this division, to be eligible to take the examination for licensure under this chapter as a registered nurse. The board shall not require more than 30 units in nursing and related science subjects to satisfy such preparation. (Added by Stats. 1969, Ch. 1541.) 2737. An applicant for a license authorizing him to practice nursing in this State under this chapter, upon the filing of his application shall pay the fee required by this chapter. (Repealed and added by Stats. 1939, Ch. 807.) 2738. The board shall hold not less than two examinations each year at such times and places as the board may determine. (Amended by Stats. 1953, Ch. 1174.) 2740. Examinations shall be written, but in the discretion of the board may be supplemented by an oral or practical examination in
Self-Assessment Quiz Question #3 Who enforces a nursing practice act? a. American Nurses Association. b. Specialty nursing practice groups. c. International Council of Nurses. d. Boards of Nursing.
COMMON VIOLATIONS OF NURSE PRACTICE ACTS
● Sexual misconduct. ● Touching the patient or having the patient touch the nurse in a sexual way. Abuse ● Hitting, slapping threats and verbal assailments. Fraud ● Over statement of credentials of experience. ● Claiming unworked hours or visits on payroll. ● Falsely documenting care or procedures when related to payment. ● Submitting inaccurate billing records to defraud insurance companies. Self-Assessment Quiz Question #4 Which of the following is a violation of a nurse practice act according to NCSBN? a. Following the Five Rights of Medication Administration. b. Accurately documenting care. c. Failure to refuse some cupcakes from a family member when you did not ask. d. Stating you have a certification when it has just expired.
The National Council of State Boards of Nursing list the following as Violations of Nurse Practice Acts (NCSB, 2022a). Please note this is not an inclusive list but examples. Practice Related ● Failure to assess changes in condition. ● Failure to implement appropriate or ordered interventions. ● Failure to accurately document assessment information or nursing care provided. ● Failure to follow the “Five Rights” of drug administration (right patient., right time and frequency, right dose, right route of administrations and right drug. Drug Related ● Misappropriation of medications intended for clients. ● Failure to document or falsely document that medications were administered to clients. ● Engagement in intemperate use of medications causing impairment. ● Attempting to obtain drugs by communicating or presenting unauthorized prescriptions to pharmacies. Boundary Violations ● Sharing stories of personal challenges to entice gifts or money from clients. ● Establishing gratifying relationships with current or former clients.
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Book Code: ANCCUS2423
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