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Definition
brought by the state against a defendant accused of breaking a law.
Example: negligent homicide, manslaughter, theft of narcotics, insurance fraud, and falsifying medical records |
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Term
| Administrative Law Actions |
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Definition
created by state statutes that define the agencies' purpose, functions, and powers.
Example: state board of nursing |
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Term
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Definition
| When a nurse violates the Nursing Practice Act, the state board of nursing may conduct an investigation. Each board of nursing is charged with the responsibility to maintain the standards of the nursing profession within the state and to protect the public. Disciplinary can be applied to a nurse's license. License restrictions are available to the public on the board of nursing's website. |
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| 5 Most common grounds for disciplinary charges |
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Definition
1) Fraud or deception in obtaining a nursing license, falsifying patient hospital records
2) When a nurse has a physical or mental impairment (the board can request that the nurse have a physical or psychological examination to determine if they have the ability to practice nursing safely)
3) Drug/alcohol abuse. Participation in a rehabilitation program may be required.
4) Abusive behavior (physical or verbal)
5) conviction of a criminal offense |
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Term
| Investigation and Disciplinary Process |
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Definition
1) Anyone can file a complain with the board of nursing.
2)Board notifies nurse in writing that complaint has been filed and investigation has started. They may request written response from the nurse.
3) Before the nurse submits a response, they should consult with an attorney (which is usually covered by their individual malpractice insurance).
4) If the board imposes a punishment, it can take one or more of the following disciplinary actions:
-revoking nurse's license
-suspending nurse's license
-letter of reprimand
-letter of admonishment
-probation
-imposition of a fine |
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Term
| Administrative Due Process/Appeal |
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Definition
| the constitutional right that ensures a nurse will receive a hearing where they have the right to be heard and defend any charges brought against them in front of the board of nursing. |
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Term
| What is the NCSBN Nursys? |
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Definition
| A database/website that contains disciplinary action information from all participating member states and territories. When one state takes action agains a nurse, the information is entered into this database so that other jurisdictions and the public can access the information. So if a nurse applies for a license or employment in another jurisdiction, this database is consulted (affection the nurse's ability to be licensed in another state) |
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Term
| Medicaid and Medicare Exclusions Lists |
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Definition
| The state board reports license discipline to other agencies (example: Office of Medicaid Inspector General). If this office places nurse on a disqualified/excluded provider list, the nurse can't work for any employer who gets Medicaid reimbursement (may also be done at a federal level to exclude nurse from employment funded by Medicare program). This basically makes the nurse unemployable. |
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Term
| National Practitioner Data Banks (NPDB and HIPDB) |
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Definition
National Practitioner Data Bank (NPDB): flagging system that protects public by preventing unethical or incompetent practitioners from moving state to state without disclosure of their past history. Includes physicians, nurses, and other practitioners. General public can't access it.
Healthcare Integrity and Protection Data Bank (HIPDB): created as part of the HIPAA. Managed by Health Resources and Services Administration (HRSA). Federal and state agencies are required to report within 30 days that final adverse action has been taken against a healthcare practitioner (includes nurses). Can be accessed by government agencies, licensing boards, and health plans, but not the general public. Authorized organizations don't have to access the HIPDB but they can do so to make decisions about employment. Database info can't be edited by practitioners. |
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Term
| American Association or Nurse Attorneys (TAANA) |
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Definition
| offers list of attorneys familiar with licensure defense and have expertise related to implications of other legal actions on nurse licensure. Nurses are encouraged consult an attorney who is familiar with these outcomes that can have a serious effect on employment and professional reputation. Attorneys can advocate on nurse's behalf to avoid being reported or to minimize the effects of being reported. |
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Term
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Definition
| This action has been suggested for some nurses who perform incompetently and make mistakes as an alternative to or in addition to licensure actions by the state board of nursing |
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Term
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Definition
| ¬ This action is identified as a factor in disciplinary actions and can result in a nursing error and detriment to patient safety. Examples include fabricating a verbal order to obtain treatment for a patient, and allowing visitors contrary to the facility’s policy |
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Term
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Definition
¬ This is designed to monetarily compensate individuals for harm caused to them and deals with disputes. Examples include malpractice actions,
personal injury lawsuits and worker’s compensation |
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Term
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Definition
¬ The negligent conduct of a professional
Defined by duty (established by a professional relationship), breach of duty (an act of commission or omission in violation of the nursing standard of care), physical injury and causation (the nurse’s breach of duty caused the plaintiff’s injury, sometimes called proximate cause.) |
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