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Legal Issues: The Basics
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Legal Issues: The Basics

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  • 1. Session Three Legal Issues: The Basics
  • 2. Accreditation
    • A process by which an agency or organization evaluates and recognizes an institution or program of study as meeting certain predetermined criteria or standards.
    • It is a voluntary process based upon the concept of self-regulation
  • 3. Licensure
    • The process by which an agency of the government grants permission to persons to engage in a given profession or occupation by certifying that those licensed have attained a minimum degree of competency necessary to ensure that the public health, safety and welfare will be reasonably well protected.
  • 4. Nurse Practice Acts
    • Govern entry-level nursing
    • Since January 1997 all states regulate APN
    • Title protection in all states except Tn.
    • NCSBN opposed ANA’s proposal for second licensure for APNs.
    • Multistate Licensure
    • Registration
  • 5. Certification
    • Process by which a non-governmental agency or voluntary association grants recognition to an individual who has met certain predetermined qualifications specified by that agency or association.
  • 6. Major Certifying Organizations
    • American Nurses Credentialing Center
    • American Academy of Nurse Practitioners
    • National Certification Corporation for the Obstetric, Gynecological and Neonatal Nursing Specialties
    • National Certification Board of Pediatric Nurse Practitioners/Nurses
  • 7. ANCC Facts: Requirements Certification valid for five years Sylvan Learning Center test site 500 hours of supervised practice Preparation as NP in MSN or post-MSN program Copy of official transcript Completed application and fee 1-800-234-2378 www. nursing world.org.ancc Active registered nurse license Master’s Degree in Nursing
  • 8. Prescriptive Authority
    • The legal right to prescribe medications as governed by different rules and regulations or laws in each state.
    • Can use formularies, protocols developed jointly by MD and APN, or APN prescriptive authority
    • Since 1999 APNs have had independent/dependent statutory or regulatory prescriptive authority
  • 9. Prescriptive Authority
    • DEA registration numbers allow you to dispense controlled substances (Schedule II-V) as allowed by state law
    • DEA phone: 615-736-2559
    • Certificate of Fitness: RN license, MSN,NP program of studies, 3 quarter hours of pharmacology, national certification in specialty area
  • 10. Temporary Certificate of Fitness
    • Issued only once and valid until the results of the certification exam are known
    • If applicant fails permit must be returned to TBON
    • Must work under RN with COF or MD
  • 11. Steps for NPs entering practice:
    • Obtain all forms from Board of Nursing, Board of Medical Examiners, and Board of Pharmacy
    • Apply for national certification
    • Adopt protocols
    • File for additional approvals
  • 12. Contact Information
    • www.state.tn.us/health
    • www.dhp.state.va.us
    • www.ncbon.com
    • Tn: 1-888-310-4650
    • Va: 1-804-662-9909
    • Nc: 1-919-782-3211
  • 13. Negotiating a Contract The Essentials
  • 14. Do your homework
    • Know “going rates”
    • Assess your needs
    • Never assume compensation has been decided
    • Consider all aspects of compensation
    • Put it in writing
    • Keep compensation confidential
  • 15.