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The Nurse Practice Act - A Closer Look

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



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