The Nurse and Criminal Law

INTRODUCTION General Introduction of the State Board of Nursing Impact of State Board of Nursing and nurses

II. DETERMINING THE ROLE OF THE STATE BOARD OF NURSING Board of Regents and State Board of Nursing Board of Regents and Committee of Professional Assistance Composition of Members In Board of Nursing Role of Board of Nursing- in general State Board’s role and use of Nurse Practice Acts Public protection

III. DISCUSSING THE BOARD’S FUNCTION IN THE PRACTICE OF NURSING Safety and Nurse Practice Acts State Board’s additional responsibilities Practice limitations of LPN’s and RN’s Protection of unqualified personnel Regulation of Nurse Practice Act Disciplinary procedures of reporting unsafe nursing practices

IV. DISCUSSING THE BOARD’S ROLE IN RELATION TO NURSES WHO ARE CHARGED WITH CRIMINAL LIABILITIES, MALPRACTICE, AND PROFESSIONAL MISCONDUCT a. Criminal Liabilities Definition of Criminal liability Disciplinary actions Minor vs. major violations of laws Violation consequences Reporting complaints Right to appeal

b. Malpractice Definition of Malpractice Malpractice as it relates to nursing Impact of malpractice and State Board How State Board defines malpractice Disciplinary actions and procedures Role of moral character

c. Professional Misconduct Definition of Misconduct Two categories of Misconduct Definition of sexual misconduct Disciplinary actions for sexual misconduct Definition of official misconduct Disciplinary actions for official misconduct

The Role of the State Board of Nursing

Composition of the State Board of Nursing The State Board of Nursing is composed of 15 members. 11 of them are registered professional nurses and 4 have to be licensed practical nurses. They all must be licensed and practicing in New York State for at least 5 years.

The State Board of Nursing: Role The Board is responsible for regulating of nursing act. Basically they tell nurses what they can and cannot do under the scope of practice They make up administrative rules and regulations. They advice on licensing requirements, licensing examination and practice issues, and they provide community outreach

The Board participates in licensure disciplinary and restoration and moral character proceedings The State Board have the legal right authority to implement and enforce the laws that govern nursing practice, nursing education and licensure

They also conduct hearings for licensees and prosecution of violations of nurse practice acts. They reinforce the importance for nurses to practice within the limit of the law of the state they reside in and that they are responsible for their own actions.

Conclusion All members of the State Board and the committee for professional assistance must be dedicated to the public protection and quality professional preparation and conduct.

What is the function of State Board of Nursing?

The primary function of the State Board of Nursing is to protect the public’s safety. The State Board of nursing is a regulatory agency created by the state government, which is devoted to monitor nurse’s personal and professional behaviors. The State Board of Nursing has, “the legislative power to initiate, regulate, and enforce the provision of the Nurse Practice Act.” The Nurse Practice Acts delineate the educational requirements, roles and functions, and disciplinary actions of a nurse. This agency is also responsible for approving schools of nursing curriculum as well as renewing and issuing licenses.

Renewal of Licenses One of the technique used by the State Board in an effort to minimize the risk of imposters in the nursing field; is by revoking or suspending licenses as well as ensuring that anyone practicing will have acquired a specific standard of education.

Board of Nursing Rules & Regulations

The Board of Nursing has to abide by the rules and regulations of the Nurse Practice Act. The Board cannot grant any exemptions or waivers to the practice acts laws however, the Board can create an exemption and waiver on its own rules and regulations. For example, the regulation in some states indicate that all nursing faculty must have master’s degrees, the board may waiver this requirement temporarily for the nursing faculty who is in process in obtaining this degree.

State Board of Nursing Limits of Practice

Limitation of practices LPN vs. RN The State Board of nursing also has the right to define the limitations of the practice of a LPN with regards to performing certain medical procedures as opposed to the practicing scope of a RN. Example: An LPN is not allowed to do IVP (Intravenous Push). Only RN’s are ALLOWED. LPN’s may be limited to practice care of complex treatment and medication regimens, and functions related to primary or complex healthcare assessment of clients. An LPN must provide nursing care in long-term and acute care facilities. LPN’s may also work in physician offices and clinic settings. LPN’s works under the supervision of an RN or MD.

An LPN performs a dependent role and assist with all phases of the nursing process; works with established nursing diagnoses, and identifies nursing problems.

Techniques used by the Board to safeguard the Nursing profession One of the techniques used by the State Board in an effort to minimize the risk of impostors in the nursing field; is by revoking or suspending licenses as well as ensuring that anyone practicing will have acquired a specific standard of education. The board also initiates the improvement of the nursing fraternity in an effort to protect both the public and the profession from unqualified personnels.

Licensing laws vary from state to state The Nursing Practice Act’s rules and regulations may be slightly different from state to state regarding the practicing scope of nurses. Example: Mandatory licensure: In some state it is illegal for any nurse that is not licensed to practice for monetary benefits. Permissive licensure: On the other hand there are other states that allow nurses to practice for monetary benefits, but these nurses can not use the titles of licensed or registered nurses to their names.

To safeguard one’s self while practicing, a nurse must follow accepted procedures, be competent in their practice, and document well.

Follow Accepted Procedures In order to protect one’s self from possible lawsuits, a nurse must always perform procedures as taught and as outlined in the healthcare facility procedure manual. If these policies are incorrect or inadequate, a nurse must work to improve them through proper paper channels.

Be Competent in Your Practice: Nurses are always held accountable for their own behavior. Refusal to perform procedure for which they have not been prepared, for example when administering medications, a nurse must always do the five rights and two client’s identification checks: their bracelet and the client must state their name and date of birth if they are alert.

Document Well: Careful documentation is the most important thing a nurse can do to protect themselves against unjustified lawsuits. This record is to reflect factual information regarding the client’s health status.

Be reminded that the Nurse Practice Act changes ever so often; it is the responsibility of all nurses to be current with the laws that govern their scope of practice. “Ignorance of the law is no excuse.”

CRIMINAL LIABILITY 29

theft arson Sexual assault Homicide manslaughter Active euthanasia What is Criminal Liability? A state of being liable (Mcmillan dictionary) A legal responsibility of one’s action or failure to act appropriately What criminal laws can nurses be liable for? Sexual assault Homicide theft manslaughter arson Active euthanasia Illegal possession of controlled drugs 30

Authority for disciplinary action What is the State Board of Nursing’s role in relation to criminal liability? Authority for disciplinary action Actions taken are based upon the severity of the violation. 31

Private reprimand or warning If a nurse commits a minor violation, he/she will face: Private reprimand or warning Public reprimand probation 32

Revocation of license Refusal to renew license Suspension of license If a nurse commits a major violation, he/she will face: Suspension of license Refusal to renew license Revocation of license 33

Nurses under suspension or probation who are found liable of drug abuse, unprofessional conduct, fraud or violation of the provisions of the Nurse Practice Act may be asked to attend special counseling or substance abuse rehabilitation. 34

A nurse commits a violation Written complaint filed by an individual, a health agency or professional organization Complaint is screened and an investigation is set up 35

Board decides whether to schedule a hearing with legal counsels for both sides Nurse will be requested to -have a written response regarding the allegation. -Entitled to some rights such a clear statement of the charges; question and produce witnesses; Right to an attorney 36

The verdict… The Board of Nursing shall decide if the disciplinary action should be taken against the nurse or not; and which action should be taken. The nurse has the right to appeal a disciplinary action Whichever side loses may decide to appeal the court’s decision to next highest court in state. 37

How to avoid all these? Give safe and competent nursing care, while recognizing potential problems, identifying the risk areas in individual practice, and remaining current in new technology, nursing diagnosis, and the latest institution policies and procedures. 38

Board’s role in relation to nurses charged with: Malpractice

Definition of Malpractice Malpractice occurs when improper, injurious, or faulty treatment of a client that results in illness or injury. In addition, malpractice should not be discussed without mentioning negligence.

What is Negligence? Negligence is harm done to a client as a result of neglecting duties, procedures, or ordinary precautions. Therefore, failure to act responsibly can have serious consequences affecting both the client and healthcare professional.

Examples of Malpractice Failure to perform a proper assessment Failing to take appropriate precautions Neglecting to document and communicate information Performing nursing procedures incorrectly Failing to report another’s mistakes Being involved in a surgical team’s error

State Board of Nursing procedures for handling Malpractice cases The State Board of Nursing uses specific laws to regulate malpractice according to your state of residence. When a nurse is convicted of committing malpractice, the State Board of Nursing uses specific guidelines to handle this matter.

State Board of Nursing: Guidelines to handling malpractice 1) Complaint: “All complaints or other information relating to the licensees authorized to practice a profession under title VIII of the Education Law shall be referred to the director of the Office of Professional Discipline.” 2) Investigation: “The director of the Office of Professional Discipline or that officer’s designee shall, in matters involving possible professional misconduct, initiate an investigation of each such Complaint or other information.” 3) Prosecution: “Prosecution or settlement of disciplinary proceedings shall be conducted as provided in title VIII of the Education Law, and as provided in this Part.”

Ways to Avoid Malpractice Know your own strengths and weaknesses Evaluate your assignment Delegate carefully Exercise caution when assisting procedures Document the use of restraints Take steps to prevent falls Comply with laws about advance directives Follow hospital policies and procedures Keep policies and procedures up to date Provide a safe environment

What is the Board’s role in relation to nurses who are charged with: MISCONDUCT By Lunamatie Nabijohn

MISCONDUCT What is Misconduct? A wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by an obstinate lack of interest to the consequences of one’s acts.

Categories of misconduct Two Categories of Misconduct a. Sexual Misconduct Identifies anyone in a position of authority that condones or participates in any sexual activity between themselves and their subordinates.

b. Official Misconduct or Malfeasance In an initiation of an “unlawful act, done in an official capacity, which affects the performance of official duties”.

Disciplinary actions Disciplinary actions for Sexual misconduct Nurses can have their licenses suspended and/or revoked depending upon the outcome of an investigation. Criminal charges could result from the investigation.

Disciplinary actions Disciplinary actions of Official misconduct Official misconduct in office is often grounds for immediate dismissal, suspended licenses and revoked. Civil lawsuit can be sought by party or parties affect.

Thank you!