NURSING PRACTICE ACT W/ REGULATIONS AND RELATED STATUTES.

 

·        SIGNED BY THE GOVERNOR July 17,  1939

·        Became a law September 19,  1939

·        Scope of practice – has not been revised since 1947 allowing for safeguarding. If “opened” any assoc. could then change it to suit their needs… dangerous.

·        1st NPA – N. Caroline; 1903

·        1923 – all 48 states, DC, and Hawaii w/ NPA

·        1st licensure – permissive/voluntary; was not mandatory

·        1938 – NY – scope of practice and mandatory licensure

·        NCLEX web site www.ncsbn.org/

·        Legal web site for state of California www.leginfo.ca.gov/calaw.html

 

 

1.   When did NPA become law?  July 17, 1939

2.   What type of law? Statutory law written by legislative bodies (see article)

3.   Purpose of NPA?  101.6; ensuring that those private businesses and professions deemed to engage in activities which have potential impact upon public health, safety, and welfare are adequately regulated in order to protect the people of California. Establish minimum qualifications and levels of competency and license persons that possess the requisite skills and qualifications to provide safe and effective services to public. Investigate allegations of unprofessional conduct, incompetence, fraudulent action, or unlawful activity. Conduct periodic checks to ensure compliance (RN’s accountable for their actions).

4.   How many members are there on the board of nursing? 2701. There is in the Dept. of Consumer Affairs the BRN consisting of 9 members.

5.     Who are they?  2702. Citizen of USA, resident of California.

6.     What are their qualifications? 2702. (3) represent public at large and have no pecuniary interests in health care services. (3) licensed RN’s and active in the practice engaged primarily in direct patient care w/ at least 5 continuous years experience and not an educator or administrator of a nursing education program. (1) licensed RN active in education or administration in an approved program to train RN’s. (1) RN administrator of nursing service w/ at least 5 continuous years of experience. (1) MD active in practice w/ at least 5 years continuous practice

7.     How long of is a BRN term? 2703.  4 years

8.     Max # of terms?  2703. No person shall serve more than 2 consecutive terms

9.     Who appoints BRN members?  2703. The Governor shall appoint (1) of the public members and the licensed members of the board. The Senate Rules Committee and the Speaker of the Assembly shall each appoint a public member and the 1st and 2nd public member vacancies that occur on or after January 1, 1983.

10.           How many members constitute a quorum? 2712. (5) members of the board constitute a quorum for the transaction of business at any meeting

11.           What is the compensation for BRN members?  103. Each such member shall receive a per diem of $100.00 for each day actually spent in the discharge of official duties, and shall be reimbursed for traveling and other expenses necessarily incurred in the performance of official duties… and are subject to the availability of money.

12.           Where can info re: IP be found in the NPA? 2732.1.

13.           How do you obtain the IP? 2732.1. An application for license by exam shall submit a written application in the form prescribed by the board. 1414. If application for licensure in California by exam has been approved, the applicant will be eligible for IP if all educational requirements are completed. If taking the exam as a nongraduate, the IP may be issued upon completion of the educational requirements for licensure.

14.           How long is the IP valid?  2732.1.  If you pass the exam, the IP shall remain in effect until the board issues a regular renewal license. If you fail the exam, the IP shall terminate upon notice thereof by 1st class mail.

15.           The IP authorizes the holder to do what?  2732.1. Practice nursing pending the results of the 1st licensing exam following completion of his/her nursing course or for a max of 6 months, whichever comes 1st.

16.           What is the intent/purpose of standardized procedures?  1470. For the Board of Registered Nursing and the Medical Board of California to jointly publicize guidelines for the purpose of: protecting consumers by providing evidence that the nurse meets all requirements to practice safely and to provide uniformity in development of standardized procedures. 1471. It means policies and protocols formulated by organized health care systems (clinics, home health agencies, MD offices, and public or community health services) for the performance of standardized procedure functions. 1472. Standardized procedures permit RN’s to perfrom standardized procedure functions only under conditions specified in a health care system’s standardized procedures; and must do so with satisfactory evidence that the RN meets its experience, training, and/or education requirements to perform such functions.

17.           What is the process for developing standardized procedures?  1474.  A joint venture of the Medical Board and the BRN in California, in writing, to develop, approve, and revise standardized procedures. Each shall: be in writing, dated and signed by the organized health care system personnel authorized to approve it; specify which the RN can perform and under what circumstances; state requirements of RN to perform the standardized procedure functions (spf); specify experience, training, and/or education required; establish method for initial and continuing eval of competence; provide method for written record of those persons authorized to perform spf’s; specify scope of supervision required (i.e. immediate supervision of a physician); state when an RN performing spf must immediately inform MD of patient’s condition; state limitations on setting, if any, in which spf’s may be performed; specify patient record keeping requirements; and provide for a method of periodic review of the spf’s.

18.           When/how is the RN license renewed?  2811.5. Submit proof to the Board that during the preceding 2 years, RN has been informed of developments in their field of practice by a course or courses of continuing education in their field or relevant to the practice of the licensee, and approved by the board. The board establishes standards for CE: academic studies, in-service education, institutes, seminars, lectures, conferences, workshops, extension studies, and home study programs. The board requires 30 hours or its equivalent in units.

19.           When am I exempt from CE requirements? 2811.5. In the 1st 2 years immediately following initial licensure in California and any other governmental jurisdiction, or for health reasons, military service, or other good cause.

20.           How long do I keep my certifications for CE’s? 2811.5 section c (from lecture/workshop) 4 years from date of certification?? Maybe I wrote that down incorrectly. Section c talks about spousal or partner abuse info… you may want to look that one up. J

21.           What reason would cause denial of application or loss of license? 475.  Knowingly making false statements or omitting a fact, in the application for license; conviction of a crime; dishonesty, fraud or deceit to benefit self, or injure another. It shall not be revoked, denied, or suspended for lack of moral character, reputation, personality, or habits.  480. Repeat of 475 conditions and adds: no person shall be denied a license solely on the basis that he has been convicted of a felony if he has obtained a certificate of rehab or that he has been convicted of a misdemeanor if he has met all applicable requirements of the criteria of rehab developed by the board to eval the rehab of a person when considering the denial of a license, unless the applicant knowingly made a false statement of fact required to be revealed in the application for license.