FLORIDA NURSING LAWS AND RULES - …

1 1 FLORIDA NURSING laws AND RULES DANA BARTLETT, BSN, MSN, MA, CSPI Dana Bartlett is a professional nurse and author. His clinical experience includes 16 years of ICU and ER experience and over 20 years of as a poison control center information specialist. Dana has published numerous CE and journal articles, written NCLEX material, written textbook chapters, and done editing and reviewing for publishers such as Elsevier, Lippincott, and Thieme. He has written widely about toxicology and was recently named a contributing editor, toxicology section, for Critical Care Nurse journal. He is currently employed at the Connecticut Poison Control Center and is actively involved in lecturing and mentoring nurses, emergency medical residents and pharmacy students.

2 ABSTRACT The FLORIDA Nurse practice act sets standards for the scope of NURSING practice within a wide spectrum of care. The expected levels of professional standards and continuing competency, and the requirements of continuing education necessary to maintain a NURSING license in the state of FLORIDA are discussed. Additionally, licensing requirements and regulatory processes are outlined for nurses at various levels of training and skills. 2 Policy Statement This activity has been planned and implemented in accordance with the policies of and the continuing NURSING education requirements of the American Nurses Credentialing Center's Commission on Accreditation for registered nurses. It is the policy of to ensure objectivity, transparency, and best practice in clinical education for all continuing NURSING education (CNE) activities.

3 Continuing Education Credit Designation This educational activity is credited for 2 hours. Nurses may only claim credit commensurate with the credit awarded for completion of this course activity. Statement of Learning Need Nurses at all levels of training are required to know changes to the FLORIDA nurse practice act that regulates NURSING practice and everyday practice. Course Purpose To inform nurses to practice within the scope of NURSING as outlined in the FLORIDA Nurse practice act . 3 Target Audience Advanced Practice Registered Nurses and Registered Nurses (Interdisciplinary Health Team Members, including vocational Nurses and Medical Assistants may obtain a Certificate of Completion) Course Author & Planning Team Conflict of Interest Disclosures Dana Bartlett, BSN, MSN, MA, CSPI, William S.

4 Cook, PhD, Douglas Lawrence, MA, Susan DePasquale, MSN, FPMHNP-BC all have no disclosures. Acknowledgement of Commercial Support There is no commercial support for this course. Please take time to complete a self-assessment of knowledge, on page 4, sample questions before reading the article. Opportunity to complete a self-assessment of knowledge learned will be provided at the end of the course. 4 1. The FLORIDA Nurse practice act provide definitions about a. the practice of NURSING . b. the NURSING licensure process. c. how nurses should be educated. d. All of the above 2. NURSING behavior or actions are covered in the FLORIDA Nurse practice act in terms of a. what is considered unethical, unprofessional, and illegal.

5 B. how the discipline process is applied. c. legal advice for nurses. d. Answers a., and b., above 3. Administrative codes in the FLORIDA Nurse practice act are a. RULES and regulations formulated by government agencies. b. professional guidelines outlined by NURSING agencies. c. not applicable NURSING education standards. d. None of the above 4. True or False: Denial and/or suspension of a NURSING license because of impairment involves professional discipline but does not involve criminal penalties. a. True b. False 5. A licensed nurse is required to participate in _____ of continuing education during the two-year period prior to license renewal application. a. 15 hours b. 24 hours c. 30 hours d. 36 hours 5 Introduction Specific laws , RULES , and regulations govern the profession of NURSING in the state of FLORIDA .

6 Some of these are particular to the profession of NURSING while others are more general in nature and pertain to NURSING as well as to other professions and/or occupations. But in either case, whether a regulation is only concerned with the profession of NURSING or it is more general in scope, nurses practicing in the state of FLORIDA must comply with the requirements and restrictions that have been developed by the FLORIDA Board of NURSING . These administrative, ethical, and legal requirements and restrictions are not intended to be technical guidelines. They are not specific standards of care. They provide definitions about what NURSING is, what nurses may do and what they may not do, how they should be educated, the licensure process, and what behavior or actions are considered unethical, unprofessional, and illegal and the discipline process that is applied to nurses who violate ethical and professional standards.

7 The information in this course has been developed from two sources: 1) FLORIDA State Statutes, 2016 Title XXXII: Regulation of the Professions and Occupations. Chapter 464: NURSING . Part I Nurse practice act ; Part II Certified NURSING Assistants, and 2) the RULES of The Board of NURSING , Chapter 64B9 of the FLORIDA Administrative Code. There is considerable overlap between the two, but they are not identical. The FLORIDA Nurse practice act The FLORIDA Nurse practice act is Part I of Chapter 464: NURSING , of Title XXXII: Regulation of Occupations and Professions. The Nurse 6 practice act states: The sole legislative purpose of enacting this part is to ensure that every nurse practicing in this state meets minimum requirements for safe practice. The Nurse practice act provides basic information, relevant to the state of FLORIDA , on the state s definition of what NURSING is, the basic duties and responsibilities of each type of NURSING professional, how nurses should be educated and trained, how they should be licensed, how they should be certified, continuing education requirements, and the disciplinary process as it pertains to nurses.

8 The Nurse practice act also states: It is the legislative intent that nurses who fall below minimum competency or who otherwise present a danger to the public shall be prohibited from practicing in this state. The Nurse practice act is not a technical document that provides instructions and standards for performing specific NURSING actions. The Nurse practice act offers a general overview of the laws , RULES , and regulations that pertain to NURSING and NURSING practice in the state of FLORIDA in the following areas: The nature and scope of NURSING practice NURSING education Definitions, , approved program, NURSING diagnosis, NURSING treatment Licensing and certification information Legal and disciplinary issues: The Nurse practice act lists specific violations and laws that pertain to NURSING and nurses in the state of FLORIDA 7 Sexual misconduct Certified NURSING Assistants Administrative Policies There are specifics regarding the nature and scope of NURSING practices for each of the recognized areas of practice ( , , graduate nurse).

9 But the Nurse practice act only provides, for the most part, broad definitions of what NURSING professionals can and cannot do. The Nurse practice act also notes that an individual nurse can practice within the constraints of the Nurse practice act , but also within the constraints of that individual s education, experience, and the RULES and regulations of a specific health care facility. Two examples of how NURSING is defined in the Nurse practice act are provided here. These are from Chapter 464, Part 1, Section : Definitions. The first pertains to , the second to Practice of professional NURSING means the performance of those acts requiring substantial specialized knowledge, judgment, and NURSING skill based upon applied principles of psychological, biological, physical, and social sciences which shall include, but not be limited to: (a)The observation, assessment, NURSING diagnosis, planning, intervention, and evaluation of care; health teaching and counseling of the ill, injured, or infirm; and the promotion of wellness, maintenance of health, and prevention of illness of others.

10 (b)The administration of medications and treatments as prescribed or authorized by a duly licensed practitioner authorized by the laws of this state to prescribe such medications and treatments. 8 (c)The supervision and teaching of other personnel in the theory and performance of any of the acts described in this subsection. Practice of practical NURSING means the performance of selected acts, including the administration of treatments and medications, in the care of the ill, injured, or infirm; the promotion of wellness, maintenance of health, and prevention of illness of others under the direction of a registered nurse, a licensed physician, a licensed osteopathic physician, a licensed podiatric physician, or a licensed dentist; and the teaching of general principles of health and wellness to the public and to students other than NURSING students.