15.14 duty of a nurse in any setting

· Module 3Peer Review

Download Module 3 Assignment document, save to your computer. Type directly onto the assignment document. Save again to your computer with an easily identifiable file name.

Submission directions are on the assignment document.

Complete your Module 3 Reflection Assignment, "Peer Review."

· More Peer-Review Laws and Rules

What types of restrictions can be placed on a nurse's license who has been disciplined by the nursing board?

What rights does a nurse have in the disciplinary process?

Module Description

This Module continues to explore the interaction of nursing and the law.

Module Objectives

· Apply the Minor Incident Rule to specific incidents.

· Describe the due process protections for a nurse who is peer-reviewed.

· Describe the whistle-blower protections that are available to nurses in Texas.

· Discuss a typical peer review/license investigation process from employer to Board to State Office of Administrative Hearings to Court of Law.

· Describe the common categories of discipline and license restrictions that the Board imposes on the disciplined nurse.

· | Module 3: Readings

What is the investigatory/disciplinary process in Texas or other states?

How can an incident be classified as Minor and therefore, not Board-reportable?

Role Development in Professional Nursing Practice

Citation: Masters, K. (2014). Role development (4th ed.). Burlington, MA: Jones & Bartlett.

Nursing Licensure, Professional Accountability (Including Delegation), pp. 387-392

Frequently Asked Questions About Enforcement ― Texas Board of Nursing

Citation: Texas Board of Nursing. (n.d.). Disciplinary action.

Investigatory & Disciplinary Process (including the Process Flow Chart) ― Texas Board of Nursing

Citation: Texas Board of Nursing. (n.d.). Disciplinary action.

Disciplinary Guidelines for Criminal Conduct ― Texas Board of Nursing

Citation: Texas Board of Nursing. (n.d.). Disciplinary action.

Rule 217.16 Minor Incidents

Citation: Minor Incidents, Title 22, Part 11, Texas Administrative Code, Rule §217.16

Rule 217.19 Incident-Based Nursing Peer Review and Whistleblower Protections

Citation: Incident-Based Nursing Peer Review and Whistleblower Protections, Title 22, Part 11, Texas Administrative Code

Disciplinary Matrix― Texas Board of Nursing

Citation: Texas Board of Nursing. (n.d.). Disciplinary Matrix.

MODULE 4 some of the topics/KEYS POINTS

· Professional Challenges: Nurse-Patient Boundaries, Staffing, Unsafe Assignments, Fatigue and the Impaired Nurse

Have you been faced with boundary dilemmas, under/inappropriate staffing, unsafe assignments, having to work fatigue or working with an impaired nurse?

What laws are available to nurses to deal with these issues?

Module Description

This module explores some of the current problems with which nurses are faced.

Module Objectives

· Explain and apply four appropriate options regarding acceptance or rejection of assignments, including the use of Safe Harbor.

· Compare and contrast Incident-Based Peer Review and Safe Harbor Peer Review.

· Explain the types of boundary problems and the legal consequences of violating each.

· Discuss the history, purpose, mandates, and issues related to hospital staffing rules.

· Discuss the history, research, and regulatory and legislative perspectives regarding nurse fatigue as it relates to patient safety.

· Describe the purpose, mission, philosophy, and requirements for TPAPN.

Health Policy and Legal Aspects of Professional Nursing

· Unsafe Assignments: How Do Nurses Respond?

How are Texas nurses protected when refusing or accepting an potential unsafe assignments?

If you do not live in Texas, what does your state offer?

Texas Board of Nursing - Selected Laws and Rules - Safe Harbor

Citation: Welcome to the Texas Board of Nursing Website. (n.d.). Retrieved from http://www.bon.state.tx.us/.

Go to the Board’s Home Page. From there you can click on “Law and Rules”. From there you can select Law (Nursing Practice Act) or Rules & Regulations. Then just follow the Table of Contents to find the selected section or rule. Safe Harbor: Rules 217.20

Safe Harbor Forms and explanation of Safe Harbor

Citation: Texas Board of Nursing - Safe Harbor Forms - Nursing Peer Review. (n.d.). Retrieved from https://www.bon.texas.gov/forms_safe_harbor.asp.

Health Policy and Legal Aspects of Professional Nursing

· https://elearn.uta.edu/images/ci/sets/set08/document_on.gif

https://elearn.uta.edu/images/ci/icons/generic_updown.gifModule 4: Readings 2 of 5

| Module 4: Readings

Boundaries and Social Media

Why is it critical for nurses to maintain professional boundaries?

Have you inadvertently crossed boundaries on social media?

Boundaries and Social Media

Citation: A Nurse's Guide to Professional Boundaries. (n.d.). Retrieved from https://www.ncsbn.org/ProfessionalBoundaries_Complete.pdf

National Council of State Boards of Nursing's Brochure on Nurse:Patient Boundaries

Nursing and Technology: Social Networking

Citation: White Paper: A Nurse's Guide to the Use of Social Media. (n.d.). Retrieved from https://www.ncsbn.org/Social_Media.pdf

National Council of State Boards of Nursing. “White Paper: A Nurse’s Guide to the Use of Social Media”.

Social Media Guidelines for Nurses

Citation: Social Media Guidelines for Nurses [Video file]. (n.d.). Retrieved from https://www.youtube.com/watch?v=i9FBEiZRnmo

YouTube Summary of the NCSBN White Paper.

Board's Position Statement on Nurses and Social Media

Citation: Texas Board of Nursing - Practice - Position Statements . (n.d.). Retrieved from http://www.bon.texas.gov/practice_bon_position_statements.asp#15.14

Go to the above website and scroll to Position Statement 15.29.

Health Policy and Legal Aspects of Professional Nursing

· https://elearn.uta.edu/images/ci/sets/set08/document_on.gif

https://elearn.uta.edu/images/ci/icons/generic_updown.gifModule 4: Readings 3 of 5

| Module 4: Readings

Nurses Working Fatigued: A Major Issue in the Profession

Should nurses work-hours and recovery time between shifts be limited by law, similar to pilots or truck drivers?

Why do nurses have a professional responsibility to not work when fatigued?

Nurse Working Hours Summary Document

Citation: Nurses Offer Feedback on Proposed Nursing Work Hours Position Statement. (n.d.). Retrieved from https://www.bon.texas.gov/pdfs/practice_dept_pdfs/nwh-summary.pdf

Go to the above website and scroll to "Employment Issues". Review the pdf "Nursing Work Hours Summary".

Nursing Fatigue: The Human Factor

Citation: Tabone, Stephanie. (2004). Nurse fatigue: The human factor. Texas Nursing, June-July 2004.

(NOTE: Though this article is about 10 years old, it still is a good, readable summary of the fatigue issue. There is a printable pdf version of this article in the "Resource" section)

·

Role Development in Professional Nursing Practice

Citation: Masters, K. (2014). Role development (4th ed.). Burlington, MA: Jones & Bartlett.

Alternative Programs for Nurses, p. 390.

Texas Peer Assistance Program for Nurses (TPAPN)

Citation: Welcome to TPAPN - Texas Nurses Association. (n.d.). Retrieved from http://www.texasnurses.org/?page=TPAPN

Access the website, and explore the following sections: TPAPN Home Page and click on "Read More" (How TPAPN Works, When to Refer), and the Participant Handbook.

Rule 217.13 Peer Assistance Program

Citation: Retrieved from http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=117062&p_tloc=&p_ploc=1&pg=3&p_tac=&ti=22&pt=11&ch=217&rl=13

Board's Statements on Chemical Dependency and Nurses

Citation: Texas Board of Nursing - Practice - Nursing Practice. (n.d.). Retrieved from http://www.bon.state.tx.us/practice_nursing_practice.asp

Go to the above website and scroll to "Drug Use/Substance Abuse By the Nurse" and access the readings

Health Policy and Legal Aspects of Professional Nursing

Module 5: Malpractice

· Module Objectives

· Discuss the legal aspects of malpractice.

· Apply the four elements of a malpractice claim to specific incidents.

· Discuss the ways nurses may be involved in a malpractice case.

· Analyze five protections that a nurse may employ for license protection.

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· Role Development in Professional Nursing Practice

Citation: Masters, K. (2014). Role development (4th ed.). Burlington, MA: Jones & Bartlett.

Malpractice and Negligence, pp. 384-387

Position Statement 15.14 Duty of a Nurse in a Practicing Setting ― Texas Board of Nursing

Citation: This BON Position Statement underscores the duty and responsibilities of the nurse to the client/patient by examining the landmark case of Lunsford v. Board of Nurse Examiners, 648 S.W. 2d 391 (Tex. App. -- Austin 1983).