Allison Dittmar, BSN, C-EFM, RNC-OB

In the Know with the

Nursing Practice Act

TEXAS OCCUPATION CODE AND RULES REGULATING THE PRACTICE OF NURSING

There are 4 chapters that contain important information for practicing nurses.

Chapter 301: Contains the Nursing Practice Act (NPA) which creates the Board of Nursing (BON) and defines its responsibilities

Chapter 303: Relates to Nursing Peer Review

Chapter 304: Relates to Nurse License Compact

Chapter 305: New chapter that introduces Advanced Practice RN compact

These chapters of the Texas Administrative Code define nursing practice and give the BON the authority to make rules which implement and interpret the NPA. Licensees are required to comply with both

P.ii

“Nurses practicing in this state are expected to know and practice in compliance with chapters 301, 303, 304

and 305 of the Texas Occupations Code and with the Board of Nurses Rules.” p.iv

• Only the legislature can change the Nurse Practice Act, so statutory changes only occur every two years (odd years). The Board makes rule changes as needed to assist in the application of the NPA to evolving practice conditions and settings. It is necessary, therefore, that you keep up with the changes. p.iii

Getting Up-to-Date Information from the BON

• Replace your copy of the NPA every 2 years

• Read the newsletter for the newest rule changes

• BON Quarterly Newsletter, in the mail or online

http://www.bon.texas.gov/about/newsletters.html

• Rule Changes• Notice of Disciplinary

actions-citations violated

• Provides additional information concerning nurses who had action taken against their license by the Texas BON

Who’s on the Board of Nursing

• 13 Total members appointed by the Governor with the advice and consent of the senate

– 6 Nurse Members

• 1 Advanced Practice, 2 RN’s (non-faculty), 3 Vocational (non-faculty)

– 3 Nurse Faculty Members

• 1 Baccalaureate degree program, 1 Associate Degree program and 1 Vocational degree program

– 4 Members who represent the general public

Mission of the Texas Board of Nursing

“ The mission of the Texas Board of Nursing (BON or Board) is to protect and promote

the welfare of the people of Texas by ensuring that each person holding a license as a nurse in the State of Texas is competent

to practice safely.”

Major Roles of the Texas Board of Nursing

• Regulation of the practice of nursing

• Approval of educational programs

Regulating the practice of nursing and establishing the standards for professional conduct are the most important roles the BON has.

Purpose of the Texas Board of Nursing

“ The purpose of the Texas BON is to protect and promote the welfare of the people of Texas. This purpose supersedes the interest of any individual, the nursing profession or any special interest group.”

FUNCTIONS OF THE BOARD:AS DESCRIBED IN THE TEXAS ADMINISTRATIVE CODE

Functions of the Board

Establish standards of nursing practice and regulate the practice of professional and vocational nursing

Interpret the NPA and the Rules and Regulations Related to…

Receive complaints and investigate possible violations of the NPA and rules and regulations

Functions of the Board cont.

Discipline violators through appropriate legal action to enforce the NPA and rules and regulations.

Recommend to legislature appropriate changes in the NPA to ensure the NPA is current

Establish standards for nursing education and accredit or deny accreditation to schools of nursing…

The Texas Board of Nursing does not promote nursing as a profession. This is the role of a

professional association. Nor does the TBON advocate for nurses on employment issues.

Comparison of BON and Professional Organizations

Texas BON

• Responsible to the public

• No authority in employment issues

• Prohibited by law from lobbying legislature

Organizations and Associations

• Responsible to members

• Serve the individual interests of nurses

• May lobby legislature and Governor

NPA Section 301.002

• Definition of Professional Nursing

– The performance of an act that requires substantial specialized judgment and skill, the proper performance of which is based on knowledge and application of the principles of biological, physical, and social science as acquired by a completed course in an approved school of professional nursing. p.1

QUESTION

How many people make up the BON?

A) 12 members with 6 nurse members, 3 nursing faculty members and 3 general public members?

B) 13 members with 6 nurse members, 3 nursing faculty members and 4 general public members

C) 13 members with 5 nurse members, 3 nursing faculty members and 4 general public members?

D) 12 members with 6 nurse members, 4 nursing faculty members and 2 general public members?

ANSWER

B) 13 members with 6 nurse members, 3 nursing faculty members and 4 general public members

INITIAL LICENSURE• Sworn Application

• Good Professional Character

• Successful completion of an approved program of professional or vocational nursing education

• Passing score on the Nursing Jurisprudence Exam

• Report on the Criminal Background Check

• Pay $139.00 fee

NPA Section 301.2511: Criminal History Record Information for License

Applicants• “An applicant must submit a complete and legible set

of fingerprints…for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.” p. 30

• “The board may require that an applicant for the renewal of an unexpired license to submit a complete and legible set of fingerprints.” p.39