Nursing professionals have a wide range of valuable resources to help them in their jobs, such as organizational policies and procedures and databases of clinical practice guidelines. Many nursing professionals use these on a regular basis to help them deliver quality care. But they tend to overlook one essential practice resource — the nurse practice act (NPA). As the name implies, a state’s or jurisdiction’s NPA provides guidance for practice; adhering to the provisions of the act makes the nurse less vulnerable to legal action. Here’s what you need to know about NPAs.
NPA basics
Each state and territory of the United States has an NPA, which is a law passed by a legislative body. An NPA outlines what is required to practice as a nurse and the types of activities various nursing professionals can engage in. NPAs generally have several common components :
Following the NPA
You are responsible for following the NPA in the states and jurisdictions where you are licensed. Failure to do so leaves you open to legal action. For example, if you delegate incorrectly and the patient suffers harm, you could be named in a lawsuit. You would have little defense if you did not follow the NPA’s guidelines for delegation.
Consider the NPA as a helpful resource. For instance, if your organization asks you to take on a task that is outside the scope of practice defined in the NPA, you have a valid reason for declining to perform the task. If you are unsure whether a task is covered, consult the BON for the relevant state or jurisdiction. You can easily access BON contact information via the National Council of State Boards of Nursing (NCSBN): https://www.ncsbn.org/sites/ ncsbn/membership/us-members/contact-bon.page .
Of course, to follow the NPA, you must know what is in it. You can easily find the NPA(s) for where you practice through the “Find Your Nurse Practice Act” page on the NCSBN’s website ( https://www.ncsbn.org/policy-gov/npa-toolkit/ npa.page ). Simply use the drop-down menu to select your location.
It can be challenging to read a legislative act, so many states have created self-study education programs on their NPAs. You can find a list at the International Center for Regulatory Scholarship (ICRS) Connections Catalog: https://catalog. icrsncsbn.org/browse/public/continuing-ed/npa/ .
A valuable resource
Following the NPA helps reduce your risk of legal action. Be sure to read newsletters and other correspondence from the BONs where you practice for any clarifications related to the NPA. It’s also a good idea to revisit the NPA on an annual basis to ensure you are practicing according to the law.
By: Cynthia Saver, MS, RN, is president of CLS Development, Inc., in Columbia, Md.
Russell KA. Nurse practice acts guide and govern: Update 2017. J Nurs Reg. 2017;8(3):18-23. https://www.ncsbn.org/public-files/2017_NPA_Guide_ and_govern.pdf
Disclaimer: The information offered within this article reflects general principles only and does not constitute legal advice by Nurses Service Organization (NSO) or establish appropriate or acceptable standards of professional conduct. Readers should consult with an attorney if they have specific concerns. Neither Affinity Insurance Services, Inc. nor NSO assumes any liability for how this information is applied in practice or for the accuracy of this information. Please note that Internet hyperlinks cited herein are active as of the date of publication but may be subject to change or discontinuation.
