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An Overview of
Legislation and Regulation
Chapter 65 & 66
Influencing the Introduction of a Bill
Nurses can influence as constituents and as members of
professional organizations that lobby congress.

Organized groups such as the ANA, AACN, CNA

What can nurses do?
Committee Action
Centers for policy making at federal and
state levels

Conflicting points of view discussed and
legislation refined or amended

Organization, consensus building, and
time

15% of bills that go through committees
are reported out to the House or Senate
Conference Committee
           A type of joint committee
           (House and Senate)

           Work together to address
           differences
Ways a committee can handle a bill
Approve a bill with or without
amendments

Rewrite or revise a bill, and report it out
to the full House or Senate

Report it unfavorable (i.e., allow the bill to
be considered by the full House or
Senate, but with a recommendation that
it be rejected)

Take no action, which kills the bill
Authorization and Appropriation Process
Important for nurses to be familiar with this process

Nurse Education Act

Scholarships for the Disadvantaged Students

National Institutes of Nursing Research
Authorization and Appropriation Process
Two Step Process

   1. Authorization Bill

      * Establishes the purpose of and sets guidelines
        for the program
      * Legal authority

    2. Appropriation Bill

      * Allows an agency or program to
       spend money
Committee Procedures
Three Standard Steps

1. Hearings

2. Mark-ups

3. Reports
Presidential Appointments
Approved by the Senate
 Described in the U.S. Constitution   Supreme Court Nominees

                                      High-level positions

                                      Ambassadors

                                      Federal Judges

                                      U.S. Attorneys

                                      U.S. Marshalls
Regulatory Process
Major role is to interpret the laws

Important for nurses to influence the
regulatory process

    Regulations have a direct impact on
    nurses’ work and professional life
Sources of Regulation Affecting Nursing Practice
Nursing Boards
      Authority through state laws

What is determined at the state level?
        Initial qualifications for licensure
      	 Continuing educational requirements
	 	     Disciplinary procedures
	 	     Complaint resolution processes
	 	     Professional misconduct
	 	     Mandatory reporting requirements
	 	     Specific scopes of practice
Sources of Regulation Affecting Nursing Practice
             Health and Human Services

                HHS Regulations
                    Civil Rights, Privacy, Food and Drug Safety,
                    MCR/MCD programs, health care fraud,
                    medical research, technology standards,
                    and tribal matters


                Umbrella organization for...
                   CMS, FDA, CDC, and OCR
Sources of Regulation Affecting Nursing Practice

Centers for Medicare and Medicaid

   Government health insurance

   Medicare versus Medicaid

   Office of Inspector General
       List of Excluded Individuals/Entities
Sources of Regulation Affecting Nursing Practice

                   The Joint Commission

                      Compliance with MCR/MCD

                      Standards

                      Goal
Sources of Regulation Affecting Nursing Practice
             Federal, State, and Local Law

                Public Health Codes
                  Emergency preparedness
                  Communicable diseases
                  Environmental controls
                  Utilization of health care facilities
                  Staff credentials and competency
                  Policies and procedures
                  Sanitation, Housing, Childhood nutrition
                  Mental health issues, Food safety
                  Other elements related to nursing care
Sources of Regulation Affecting Nursing Practice
Organizational Policy

   Nurse responsibility

   Practice Standards

   Standardization and Consistency

   Failure to follow
Scope of Practice
Scope of practice has evolved and expanded

Issues with scope of practice

   Medical societies challenging BON

   Actions by the AMA and degrading terms

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Health policy

  • 1. An Overview of Legislation and Regulation Chapter 65 & 66
  • 2. Influencing the Introduction of a Bill Nurses can influence as constituents and as members of professional organizations that lobby congress. Organized groups such as the ANA, AACN, CNA What can nurses do?
  • 3. Committee Action Centers for policy making at federal and state levels Conflicting points of view discussed and legislation refined or amended Organization, consensus building, and time 15% of bills that go through committees are reported out to the House or Senate
  • 4. Conference Committee A type of joint committee (House and Senate) Work together to address differences
  • 5. Ways a committee can handle a bill Approve a bill with or without amendments Rewrite or revise a bill, and report it out to the full House or Senate Report it unfavorable (i.e., allow the bill to be considered by the full House or Senate, but with a recommendation that it be rejected) Take no action, which kills the bill
  • 6. Authorization and Appropriation Process Important for nurses to be familiar with this process Nurse Education Act Scholarships for the Disadvantaged Students National Institutes of Nursing Research
  • 7. Authorization and Appropriation Process Two Step Process 1. Authorization Bill * Establishes the purpose of and sets guidelines for the program * Legal authority 2. Appropriation Bill * Allows an agency or program to spend money
  • 8. Committee Procedures Three Standard Steps 1. Hearings 2. Mark-ups 3. Reports
  • 9. Presidential Appointments Approved by the Senate Described in the U.S. Constitution Supreme Court Nominees High-level positions Ambassadors Federal Judges U.S. Attorneys U.S. Marshalls
  • 10. Regulatory Process Major role is to interpret the laws Important for nurses to influence the regulatory process Regulations have a direct impact on nurses’ work and professional life
  • 11. Sources of Regulation Affecting Nursing Practice Nursing Boards Authority through state laws What is determined at the state level? Initial qualifications for licensure Continuing educational requirements Disciplinary procedures Complaint resolution processes Professional misconduct Mandatory reporting requirements Specific scopes of practice
  • 12. Sources of Regulation Affecting Nursing Practice Health and Human Services HHS Regulations Civil Rights, Privacy, Food and Drug Safety, MCR/MCD programs, health care fraud, medical research, technology standards, and tribal matters Umbrella organization for... CMS, FDA, CDC, and OCR
  • 13. Sources of Regulation Affecting Nursing Practice Centers for Medicare and Medicaid Government health insurance Medicare versus Medicaid Office of Inspector General List of Excluded Individuals/Entities
  • 14. Sources of Regulation Affecting Nursing Practice The Joint Commission Compliance with MCR/MCD Standards Goal
  • 15. Sources of Regulation Affecting Nursing Practice Federal, State, and Local Law Public Health Codes Emergency preparedness Communicable diseases Environmental controls Utilization of health care facilities Staff credentials and competency Policies and procedures Sanitation, Housing, Childhood nutrition Mental health issues, Food safety Other elements related to nursing care
  • 16. Sources of Regulation Affecting Nursing Practice Organizational Policy Nurse responsibility Practice Standards Standardization and Consistency Failure to follow
  • 17. Scope of Practice Scope of practice has evolved and expanded Issues with scope of practice Medical societies challenging BON Actions by the AMA and degrading terms

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