NURS 6050 Discussion Paper

Professional Nursing and State-Level Regulations

A comparison of two APRN board of nursing regulations in Maryland State with those California State and how they may differ

Nursing regulation is offered by government oversight via legislative and administrative bodies in each state. As a health profession, it is essential to regulate nursing since it might the threat of harm if practiced by persons who have inadequate preparation and competency.  The public may lack adequate experience and information to identify healthcare providers who are not well-prepared and is thus susceptible to incompetent and unsafe practitioners. Thus, to safeguard the interest and health of the public, each state establishes its board of nursing, which has the responsibility of regulating the nursing practice. Boards of nursing have the authority of enforcing the Nurse Practice Act (NPA) and developing administrative regulations and rules (Nickitas et al., 2018).  Licensure and certification are two types of regulations BONs.NURS 6050 Discussion Paper

Licensure is the process through which a government agent legally permits a person to practice nursing. Licensure is done via a governmental entity, the state BON.  Nurses are required to meet the minimum clinical and educational requirements to become licensed.  Licensure is aimed at protecting the public from hazardous practitioners. According to (Gettelfinger-Stoelting,  2017),  licensure is aimed at ensuring public safety and ensuring minimal competency in nursing skills that must be possessed by a licensed nurse so as to competently offer steady quality nursing care for a specified nursing practice level.

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Licensure requirements define what is essential for persons to be capable of practicing the nursing profession safely and ensuring that all individuals meet the minimum requirements. For example, both Maryland BON and California BON require individuals to complete an in-state program acknowledged by the Board and pass a licensing examination. As highlighted by Potter et al. (2016), in the USA, all BONs require registered nurses to pass a licensing exam, the National Council Licensure Examination for Registered Nurses (NCLEX-RN) to be able to practice as a registered nurse.  Despite educational preparation, the NCLEX-RN is the same in all states. This offers a uniform knowledge base for nurses. NURS 6050 Discussion Paper

Certification is the process through which a nongovernmental association or agency gives recognition to a person who has met specific preset practice standards. For APRNs, certification is obtained by successfully passing a certification exam.  Some state BONs use certification as a condition for practice while others do not. For example, Maryland BON utilizes APRN certification as a requirement for practice and thus mandates certification as a condition to get licensure. California BON does not use APRN certification as a prerequisite for practice and thus does not mandate certification before getting licensed to practice as APRN (Winland-Brown & Dunphy 2017).

How licensure and certification may apply to Advanced Practice Registered Nurses

Licensure and certification might apply to APRNs who are legally authorized to practice within the full scope of their experience and education by necessitating them to demonstrate competent and safe nursing practice. BONs grant licensure to a person to engage in the practice of nursing after establishing that the applicant has achieved the competency essential to carry out a specific scope of practice.  Certification is granted after a nurse displays a level of competency beyond the licensure level for a certain nursing practice area (Gettelfinger-Stoelting, 2017).NURS 6050 Discussion Paper

Failure of APRNs to demonstrate competent and safe nursing practice can lead to disciplinary action by the state BON, including revocation or suspension of license making them unable to practice. According to Russell (2017), the nurse is caring and competent individuals deliver satisfactory care. Nevertheless, when nurses digress from the standard of care, a complaint might be filed with the state BON. The BON, via its statutory authority outlined in the NPA, is tasked with assessing and acting on complaints. A BON takes formal action only if it finds an adequate basis that the APRN breached regulations or the NPA.

Board action influences the licensure status of a nurse and the capacity to practice nursing within the state. BON actions might include civil penalty or fine, or loss of license through voluntary surrender or revocation.   In order to maintain their licenses in good standing and go on practice, APRNs must know that their rights go along with responsibilities. It is the responsibility of APRNs to know their states’ rules and NPAs before entering into nursing practice (Russell, 2017).

An example of how APRNs may adhere to the two regulations

APRNS can adhere to licensure and certification regulations by staying informed about the NPA). BON actions and licensure and certification status are public information, and BONs utilize several methods to communicate this information, entailing websites, databases, and newsletters. As indicated by Russell (2017), state BON provides information on NPA and regulations.  The majority of state BON websites have links to NPAs. BONs try to offer new information to APRNs and others through their newsletter or website. Ignorance of the NPA can never be an excuse for APRNs to fail to adhere to licensure and certification regulations. The state regulations and NPA are not resources that can be studied in nursing education programs then put aside during practice. The regulations and the act evolve and are amended or updated as changes in rules or laws are made.NURS 6050 Discussion Paper

References

Gettelfinger-Stoelting, W. (2017).  Nursing Licensures and Certification. In G.  Roux.  & J.  Halstead.  (Eds.), Issues and Trends in Nursing (pp.63-83). Jones & Bartlett Learning.

Nickitas, D. M., Middaugh, D. J., & Veronica, F. D. (2018). Policy and Politics for Nurses and Other Health Professionals: Advocacy and Action. Jones & Bartlett Learning.

Potter, P. A., Perry, A. G., Stockert, P., & Hall, A. (2016). Fundamentals of Nursing E-Book. .Elsevier Health Sciences.

Russell, K.A. (2017).  Nurse Practice Acts Guide and Govern: Update 2017. Journal of Nursing Regulation, 8(3), 18-25. doi: 10.1016/S2155-8256(17)30156-4

Winland-Brown, J., & Dunphy, L.M. (2017).  Family Practice and Adult-Gerontology Primary Care Nurse Practitioner Certification Examination: Review Questions and Strategies.  F.A. Davis.

NURS 6050 Discussion Paper