The Nurse Practice Act - A Closer Look
The Nurse Practice Act is a set of state laws that govern
specific aspects of the nursing profession. The statutes are
generally grouped with a chapter of state laws, referred to in
its entirety as the Nurse Practice Act "the Act". The Act aims
to protect the public from an unsafe nurse by ensuring minimum
levels of performance.
Individual state legislatures' determine the Acts content, so
"the Act" may differ a bit from state-to-state. Nonetheless,
many acts address common issues such as establishing the
composition and scope of authority for the board of nursing;
defining the practice of professional, practical or vocational
nursing and advanced practice nursing; setting the requirements
to obtain a nursing license; limiting use of the title, "nurse"
and listing the grounds for discipline against a nurse's license.
And to encourage consistency across state lines, the National
Council of State Boards of Nursing developed a Model Nursing
Practice Act, available at http://www.ncsbn.org.
Individual State Boards of Nursing can exercise a great deal
influence over the Act, although they don't author "the Act"
because they are the administrative agency charged with
implementing and interpreting "the Act" within the scope of
authority granted to them by the legislature.
A nurse needs to be knowledgeable about their legal obligations
associated with "the Act". In addition, "the Act" may allow a
licensed nurse to seek the boards' written opinion regarding
"the Acts" interpretation, which the nurse may consider when
evaluating legal options.
On the other hand, not all laws governing the practice of
nursing are found in "the Act" or its' regulations. Legal
obligations common to various licensed healthcare professionals
will apply to nurses, such as confidentiality requirements or
mandatory reporting of suspected child abuse but these
obligations are generally found outside "the Act".
Most public libraries should have a copy of the state statute
books which should have a copy each individual states act.
However, be sure to get a copy of the most current version and
check for the latest amendments that may not be included in the
format you're using. It also wouldn't hurt every licensed nurse
to have a personal up-to-date copy of "the Act" available for
easy reference.
Regulations are generally published in a compilation known as
the administrative code. They should also be available from the
same sources. Some of the board's written opinions may be public
record, so you may want to give the boards' office a call to
determine if these documents exist and how to obtain them.
Being Licensed in Multiple States Most states require that a
nurse obtains a license to practice nursing by the state in
which they are practicing, with an obligation to abide by that
state's laws and regulations, as the condition of accepting a
license in the state.
As a result, in most situations, the travel nurse is bound by
the Act of the state in which the deed under review occurred.
Nevertheless, if one state should discipline a nurse for an act
that occurred in its borders, the discipline itself (regardless
of the grounds) may serve as the basis for additional discipline
in each of the other states where the nurse is licensed.
Consequently, a nurse may be disciplined in multiple states
stemming from one incident.
Some states have entered into a Nurse Licensure Compact, which
permits a licensed nurse to practice nursing in other states
without obtaining a separate license. Visit the National Council
of State Boards of Nursing at the domain listed earlier for more
information.
The nurse must abide by the laws of the state where he or she is
practicing, so complaints about the travel nurse would be
processed by the state where the alleged violation occurred, but
would also be reported to the travel nurse's home state.
Licensed nurses should be familiar with the Nurse Practice Act
of whatever state or states they hold a license. The maxim
"Ignorance of the law is no excuse" clearly applies in this
arena. Remember, nurses can be held accountable for compliance
with all laws governing their performance.
All nurses are strongly encouraged to obtain and review a copy
of the current act(s) governing their practice and to become
knowledgeable about the boards overseeing those acts.
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