Nursing

Test Your Knowledge of Law and Practice

Answers

1. According to Education Law, Article 130, section 6502, to practice in this State, all Registered Professional Nurses, Nurse Practitioners, and Licensed Practical Nurses must register with the New York State:
   a. Education Department
   b. Health Department
   c. Office of Professional Discipline
   d. Worker's Compensation Board
   
   (a) The New York State Education Department is authorized by law to regulate nursing and 38 other licensed professions.
   
   
2. What is the function of the Office of Professional Discipline in relation to the practice of nursing?
   a. to convict professionals who commit State or Federal crimes
   b. to investigate and prosecute allegations of professional misconduct
   c. to monitor consumer complaints
   d. to set guidelines for practice
   
   (b) The Office of Professional Discipline investigates and prosecutes all allegations of professional misconduct related to nursing practice in New York.
   
   
3. According to Education Law, Article 130, section 6502, a license shall be valid during the life of the holder unless the:
   a. Board of Regents revokes, annuls, or suspends the license
   b. Education Department files charges against the licensee
   c. licensee moves without proper notification
   d. licensee practices less than one day per month
   
   (a) A license is valid during the life of the holder unless revoked, annulled, or suspended by the Board of Regents.
   
   
4. According to Education Law, Article 130, section 6508, a board for each profession shall be appointed by the Board of Regents. The purpose of the State Board for Nursing is to:
   a. assist the Board of Regents and the Department on matters of professional licensing, practice and conduct
   b. conduct investigations into misconduct
   c. register or approve educational programs
   d. review qualifications of all candidates for licensure
   
   (a) The purpose of the State Board for Nursing is to assist the Board of Regents and the Department on matters of professional licensing, practice and conduct.
   
   
5. According to Education Law, Article 130, section 6509, which one of the following does not constitute professional misconduct?
   a. being convicted of a crime under New York State or federal law
   b. making available to a patient copies of their patient records
   c. permitting an unlicensed person to perform activities requiring a license
   d. willfully failing to notify the Department of any change in name or mailing address
   
   (b) Regents Rule 29.1(b)(7) requires licensees to make records available to a patient or client upon request according to standards set forth in section 18 of the Public Health Law.
   
   
6. Talking to a nursing colleague in the public cafeteria of a hospital about a specific patient may result in charges of all except which one of the following:
   a. professional misconduct
   b. unprofessional conduct
   c. gross incompetence
   d. violation of confidentiality
   
   (c) Article 130, section 6509 of Education Law and Part 29 of the Rules of the Board of Regents provide information on acts that relate to professional misconduct and unprofessional conduct.
   
   
7. According to Regents Rule 29.2, a licensed professional is practicing proper infection control if:
   a. direct patient contact is discontinued when the licensee has open, uncovered weeping skin lesions
   b. only gowns and gloves are donned if splattering blood is possible
   c. sharp items are placed in the trash
   d. the same protective equipment is used for different patients
   
   (a) Regents Rule 29.2(13)(xii) requires licensees to refrain from all direct patient care when the licensee has exudative lesions or weeping dermatitis that has not been medically evaluated to be safe or capable of being safely protected against.
   
   
8. According to the Rules of the New York State Board of Regents, Parts 29.1 what is lawful?
   a. refusing to make available to a patient copies of patient records
   b. failing to wear an identification badge
   c. offering bonuses for a professional service
   d. charging a fee for providing health records to a patient
   
   (d) Rules of the Board of Regents and section 18 of the Public Health Law clarify that it is lawful to charge a fee for providing health records to a patient.
   
   
9. According to section 18 of the Public Health Law all of the following statements are true regarding access to records by patients except:
   a. a health care provider must furnish a copy of patient information upon the written request of a qualified person/patient within 10 days of the request
   b. patient information includes personal notes and observations of the health care provider
   c. no more than 75 cents per page may be charged for paper copies of such records
   d. failure to pay a reasonable fee for the record relieves the health care provider from providing the information
   
   (d) Section 18 of Public Health Law states that a qualified person shall not be denied access to patient information solely because of inability to pay.
   
   
10. According to Parts 29.1 and 29.2 of the Rules of the Board of Regents, which act might be deemed unprofessional conduct in nursing?
    a. advertising that uses testimonials
    b. dating a former patient
    c. delegating professional responsibilities, such as starting IVs, to an LPN
    d. practicing beyond the scope permitted by law
    
    (d) Regents Rule 29.1(b)(9) states that it is unprofessional conduct to practice beyond the scope permitted by law or to accept and perform professional responsibilities when the licensee knows that she or he is not competent to perform them.
    
    
11. According to Parts 29.1 and 29.2 of the Rules of the Board of Regents, which act might be deemed unprofessional conduct in nursing?
    a. advertising that is flamboyant
    b. advertising, in a newspaper, ones fees for services
    c. forgetting to re-register to practice with the Education Department
    d. wearing a name badge indicating the practitioner's name
    
    (d) Regents Rule 29.2(a)(9) states that it is unprofessional conduct to fail to wear an identifying badge indicating the practitioner's name and professional title.
    
    
12. According to Part 59.13 of the Regulations of the Commissioner of Education how often must a nurse complete a course of training in infection control and barrier precautions:
    a. every two years
    b. every three years
    c. every four years
    d. whenever notified by the State Education Department
    
    (c) Part 59.13 of the Regulations of the Commission describes coursework or training in infection control and barrier precautions for nurses and others that must be completed every four years.
    
    
13. In accordance with Part 64 of the Commissioner's Regulations, what statement is correct regarding limited permits issued by the Department?
    a. limited permits allow the RN-graduate holder to practice nursing only under the supervision of an RN
    b. limited permits allow the LPN-graduate holder to practice nursing only under the supervision of an LPN
    c. limited permits are issued for a two year time frame
    d. limited permits expire immediately upon notification that the holder has passed the licensing exam
    
    (a) Limited permit holders may only practice nursing under the supervision of an RN. Limited permits expire 10 days after notification that the holder has failed the licensing exam.
    
    
14. According to Article 139, section 6907 of Education Law, who can practice nursing in New York health facilities without a New York State nursing license, certificate or permit?
    a. an applicant who has completed all forms and paid a fee to the Department for licensure and registration
    b. a commissioned nurse officer in the armed forces of the United States licensed only in France
    c. for 90 days after graduation, a graduate of an approved school of nursing who has applied for a limited permit
    d. a student enrolled in an out-of-state school of nursing
    
    (c) Graduates of nursing programs registered by the Department may be employed to practice nursing under supervision of a registered professional nurse for ninety days immediately following graduation after having submitted an application for a limited permit.
    
    
15. 15. Article 139, section 6902(1) of Education Law, provides the legal definition of the practice of registered professional nursing. Which one of the following statements is not accurate regarding this definition?
    a. registered nurses may diagnose and treat human responses to actual or potential health problems
    b. registered nurses may diagnose illness
    c. registered nurses may provide services such as casefinding, health teaching, health counseling and provision of care supportive to or restorative of life and well-being
    d. registered nurses must execute nursing regimen that are consistent with existing medical regimen
    
    (b) Registered nurses are precluded from medical diagnosis. This is clarified in section 6901(1) of Article 139 of Education Law.
    
    
16. 16. Which one of the following statements is not accurate regarding the definition of the practice of a licensed practical nurse as defined in Education Law, Article 139, section 6902(2)?
    a. licensed practical nurses may diagnose and treat human responses to actual or potential health problems
    b. licensed practical nurses may perform tasks and responsibilities within the framework of casefinding, health teaching, health counseling and provision of supportive and restorative care
    c. licensed practical nurses must work under the direction of a registered professional nurse or other authorized and licensed health care provider
    d. licensed practical nurses may administer medications prescribed by an authorized prescriber
    
    (a) Section 6902 of Article 139 of Education Law limits diagnosing and treating human responses to actual or potential health problems to registered professional nurses.
    
    
17. Which one of the following statements is not accurate regarding the definition of a nurse practitioner as defined in Article 139, section 6902(3)?
    a. nurse practitioners may diagnose illness and physical conditions and perform therapeutic and corrective measures within a specialty area of practice
    b. nurse practitioners must collaborate with a licensed and qualified physician
    c. nurse practitioners do not need to maintain their license as a registered professional nurses once they are certified as a nurse practitioner
    d. nurse practitioners must provide services performed in accordance with a written practice agreement and written practice protocol
    
    (c) Nurse practitioners must maintain licensure as a registered professional nurse as stated in section 6902(3)(a).
    
    
18. According to section 6902 of Article 139 of the Education Law registered professional nurses and licensed practical nurses may execute medical regimens from all of the following legally authorized health care providers except:
    a. physicians
    b. physician assistants
    c. nurse practitioners
    d. chiropractors
    
    (d) Section 64.6 of the Regulations of the Commissioner of Education clarifies that health care providers authorized to prescribe medical regimens include licensees in the professions of medicine, including physician's assistant and specialist assistant; dentistry; podiatry; and nurse practitioner.
    
    
19. According to section 64.7 of the Regulations of the Commissioner of Education, what agents can be provided under non-patient specific orders to adults?
    a. insulin
    b. travel immunizations
    c. all immunizations
    d. just certain immunizations
    
    (d) Section 64.7 of the Regulations of the Commissioner of Education lists the immunizations that can be provided for adults and children under a non-patient specific order and protocol.
    
    
20. A licensed practical nurse may participate in providing immunizations under non-patient specific orders in all ways except:
    a. assist in injecting approved immunizations
    b. assist in record keeping
    c. administering anaphylactic agents
    d. assessing the recipient
    
    (d) The registered professional nurse is responsible for assessing the recipient and for the on-site direction of the LPN who is administering the immunization.