New York State Blue Ribbon Task Force on the Future of Nursing

Clarify Existing Legal and Regulatory Framework

Recommended Solution: Issue practice guidelines to clarify the legal scope of practice of nursing, including those tasks which do not require licensure. These guidelines will reaffirm the individual practitioner's responsibility for patient care, even within demanding workplace settings.

AND

Clarify existing Regents regulations which describe patient abandonment - making it clear that refusal to work a double shift or other mandatory overtime in ordinary circumstances does not necessarily constitute professional misconduct.

This information will be provided to nurses, hospitals, nursing homes and home care agency administrators.

I.    Approaches Underway by Task Force Member Organizations

New York State Education Department with the assistance of the State Board for Nursing
  • Issuing practice guidelines in accordance with New York State Education Law to clarify the existing nursing scope of practice for the field.
  • Clarifying patient abandonment and Part 29 of the Rules of the Board of Regents so that nurses are not inappropriately threatened with charges of professional misconduct.

    Task Force members have agreed to work with the Education Department to provide input and assistance with the communication of this information to the field.
New York Organization of Nurse Executives (NYONE) and New York State Nurses Association (NYSNA)
  • Collaboratively developed a document on the utilization of RNs, LPNs and UAPs.

II.    Possible Approaches Identified in the Literature Discussed by the Task Force

  • Advise nurses regarding tasks that can be assigned to non-licensed assistive personnel
  • Clarify tasks that can be delegated to licensed practical nurses by registered nurses
  • Assist nurses with time management
  • Require hospitals to pursue options, other than mandatory overtime, when coverage gaps are anticipated and stipulate a maximum number of consecutive hours a nurse may work in a given time period
  • Clarify patient abandonment in relation to professional misconduct and issue professional practice guidelines to clarify the patient care responsibilities of the licensee and licensed supervisor





http://www.op.nysed.gov/tfclarify.htm
Updated: October 1, 2001