Jurisprudence Flashcards
Q: What are the 4 sources of law?
- Constitutions
- Statutory law
- Administrative law
- Common law
Enacted by a legislative body
Enacted: bill/proposal ; Legistlative: officials with power to create, change or repel laws (us congress, state, city councils)
Statutory law
Rules and regulations created by executive officers or agencies.
Administrative law
Serve as guides to legislative bodies
Constitutions
- Judge-made law
- When there’s no written rule for a problem, judges make decisions based on past cases, and those decisions become the “law” for similar situations in the FUTURE.
Common Law
Q: What is the Nurse Practice Act?
It DEFINES the legal scope of practice for professional registered nurses.
Standards of Nurse practice Act apply to
ALL nurses.
Q: What are the 3 types of credentialing in nursing?
- Accreditation
- Licensure
- Certification
Refers to the individual nurse’s legal permission to practice (e.g., RN license).
Licensure
Refers to educational programs that must be approved by the Board of Nursing (BON).
Accreditation
Additional credentials for specialized skills or areas (e.g., CCRN, PNCB).
Certification
Define:
The theory or philosophy of law; the study of a legal system.
Jurisprudence
Q: What is nursing jurisprudence?
The application of legal principles to nursing practice
* including nurses’ obligations to patients and their relationships with other health care professionals.
The CORE moral values, duties, and commitments of nurses in their practice, as outlined in the Code of Ethics for Nurses.
nursing ethics
What is the guiding philosophy of the Texas Board of Nursing (BON)?
To protect and promote the welfare of the people of Texas by ensuring that every licensed nurse in the state is competent to practice safely.
What is the CNE requirement for nurses (including APRNs) in Texas?
All nurses must complete at least 2 hours of CNE in nursing jurisprudence and ethics (NJE) by the END of every 3rd two-year licensing period/renewal cycle.
third two-year licensing period = every 6 years (since 3 x 2 years = 6 years).
Q: What is the Nursing Jurisprudence Exam based on?
based on the Nurse Practice Act (NPA) and Texas Board of Nursing (BON) rules and regulations.
When can you take the Jurisprudence exam?
10 days after completing your application with the BON
Q: How many questions are on the Jurisprudence exam, and what is the time limit?
50 questions with a 2-hour time limit.
Q: Is the Jurisprudence exam open book?
YES!!!
Q: Can you retake the exam if you don’t pass?
A: Yes, retest after 24 hours if you are not successful.
Q: When must you pass the Nursing Jurisprudence Exam?
A: You must pass it BEFORE taking the NCLEX.
Who is in charge of:
- Defines nursing and the boundaries of the scope of nursing practice
- Identifies the grounds for disciplinary action
Nurse Practice Act (NPA)
Who CAN NOT lobby the legislature?
Board of Nursing
Who CAN lobys the legislature?
Professional Associations
Who puts efforts to improve work conditions and benefits for nurses
Professional Associations
The BON is in charge of
(list 4)
- Licensing
- Enforcement Services
- Audit of CE
- Information Services
Q: How long is a Graduate Nurse (GN) temporary permit valid?
A: It expires in 75 days.
Q: When does a GN permit expire?
A: It expires when you pass or fail the NCLEX.
So as soon as you take the NCLEX- GN permit expires
Q: When will the BON remind you to renew your license?
send a postcard or email reminder 60 days prior to expiration.
Q: How many CE hours must a nurse complete in a 2-year licensing period?
20 hours of CE must be completed every 2 years
Q: Are there any exemptions for CE hours?
Yes, first-time renewals are exempt
How long is an initial nursing license valid?
6–29 months, after which renewal aligns with even/odd birth years:
- Even birth years renew in even years.
- Odd birth years renew in odd years.
Q: How long must nurses keep CE records?
3 consecutive renewal periods or 6 years (Board Rule 216.7).
Q: What are examples of violations of professional boundaries?
- Physical
- Sexual
- Emotional
- Financial exploitation of client or their significant other
Complete focused nursing assessment- what type of nurse does this apply to?
LVN
Practice must be supervised- belongs to what nurse?
LVN
Evaluate pt response to nursing care- belongs to which nurse?
RN
Educated to care for patients with stable and predictable conditions- belongs to what nurse?
LVN
Q: Who does delegation in nursing pertain to?
Pertains to unlicensed persons (such as unlicensed assistive personnel or UAPs)
* are authorized by a nurse to perform specific nursing tasks.
Q: What is NOT considered delegation?
Situations where an unlicensed person is directly assisting an RN by carrying out tasks in the RN’s presence.
Delegation vs Assignment:
Going from a licensed person to an unlicensed person
Delegation
Assignment from a licensed person to ANOTHER licensed person
Assignment
Who can a LVN deligate to?
UPA
Who can a LVN ASSIGN to?
another LVN
Can a LVN assign to an RN?
No!
Assignment means GIVING routine care, activities, or tasks to ___, ___, ___.
- An RN or LVN if it’s within their scope of practice.
- An unlicensed assistive personnel (UAP) if it’s part of their regular job duties
Q: What tasks are prohibited from being delegated to a UAP or assigned to an LVN?
- Nursing Assessments
- Professional Judgment & Intervention
- Responsibility for Initial Teaching
- Medication Administration to UAP- EXCEPT if in a independent living situation and IVs (unless successful course completion and facility allows it)
- IV Fluids to LVN- EXCEPT when LVN possesses certification
Purpose of Nursing Peer Reviews
- confidential
- not a disciplinary action
- structured process used to evaluate a nurse’s practice to ensure it aligns with professional standards of care, ethics, and patient safety
2 types of Peer Review
- Incident-Based Nursing Peer Review (IBNPR)
- Safe Harbor Nursing Peer Review (SHNPR)
Peer Review that:
- Focuses on specific incidents
- Whistle blower protection
Incident-Based Nursing Peer Review (IBNPR)
Peer Review that:
Protects nurses who refuse assignments that violate their scope of practice
Safe Harbor Nursing Peer Review (SHNPR)
Does a MINOR incident involving a nurse need to be reported to the Board of Nursing (BON)?
No unless conduct indicates a nurse’s practice is unsafe or violates professional nursing standards.
Q: What happens if a nurse is involved in 5 minor incidents within a 12-month period?
incidents must be reported to nursing PEER review for evaluation
What types of incidents are NEVER considered minor incidents and MUST be reported to the Board of Nursing (BON)?
List 4
- An error that contributed to a patient’s death or serious harm.
- Criminal conduct
- A serious violation of unprofessional conduct such as:
-Fraud
-Theft
-Patient abuse or exploitation - A practice-related violation involving impairment or suspected impairment due to chemical dependency.
How does Safe Harbor protect nurses?
Allows a nurse to accept an assignment and provide the best care they are capable of without fear of licensure action if they make a practice error.
Q: What does Safe Harbor protect, and what does it NOT protect?
- Protects: The nurse’s license from disciplinary action by the Board of Nursing (BON).
- Does NOT protect: The nurse from civil action (e.g., lawsuits).
When should the Nurse REQUEST “Safe Harbor”
- Request BEFORE refusing an assignment
-
Before engaging in the activity,
-must recognize that the patient comes first.
Q: Can a nurse withdraw a Safe Harbor request?
Yes, if the issue is resolved (e.g., the assignment is changed or proper support is provided)
Q: When can a nurse refuse an assignment?
2 main reasons
- they lack the basic knowledge and ability required to safely provide care.
- The assignment involves unethical or illegal actions (fraud, theft, abuse, etc)
Q: Does invoking Safe Harbor guarantee no further PEER review?
No, even after invoking Safe Harbor, a Nursing Peer Review may still evaluate whether the nurse’s refusal was justified.
Q: How does a nurse notify a supervisor when invoking Safe Harbor?
in writing or verbally
When invoking Safe Harbor, what document should be completed, and when?
- Comprehensive Written Request
- BEFORE leaving shift.
-This documents the concern and provides legal protection for the nurse.
Mandatory overtime
extra hours or shifts beyond what was originally SCHEDULED
-has nothing to do with over 40 hrs.
What Counts as Mandatory Overtime?
- Any additional shifts or hours beyond a nurse’s scheduled work time.
- This applies regardless of shift length or the number of shifts scheduled per week.
What is NOT Considered Mandatory Overtime?
List 5
- Time spent before or after a shift for reporting, documentation, or handoff
- Pre-scheduled and compensated on-call time does - because the nurse agreed to be available in advance
- An ongoing procedure requires a nurse’s presence
- During a disaster
- In certain emergencies
If a nurse refuses to work mandatory overtime, does that consider patient abandoment?
No.
What can a nurse do if assigned to an unfamiliar unit (float shitft)?
has the right to request appropriate orientation or training BEFORE taking on patient care responsibilities.
What might the Board of Nursing (BON) require if a nurse violates nursing standards or the Nursing Practice Act (NPA)?
The BON may require remediation (e.g., additional education or training) INSTEAD of immediately revoking the nurse’s license.
Q: What must a nurse do if they move to a new primary state of residency?
A: The nurse must get a new license in the new state within 60 days of moving.
