Top Banner
ROLE OF REGULATORY BODIES INTRODUCTION Health Professionals such as nurses doctors, Pharmacist and many others are regulated and licensed by regulatory bodies as required by provincial legislation. All nurses are required to be licensed to practice with their designated provincial nursing regulatory body. Legal responsibility in nursing practice is becoming of greater importance as each year passes. In order to provide safe and competent nursing care an understanding of legal boundaries is very essential. It is important to know the law in one state and the authorities enforcing these laws. VITAL ROLE OF REGULATORY BODIES To ensure the public’s light to quality health care service. 1
34
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: NURSING EDUCATION

ROLE OF REGULATORY BODIES

INTRODUCTION

Health Professionals such as nurses doctors, Pharmacist and many

others are regulated and licensed by regulatory bodies as required by

provincial legislation. All nurses are required to be licensed to practice with

their designated provincial nursing regulatory body. Legal responsibility in

nursing practice is becoming of greater importance as each year passes. In

order to provide safe and competent nursing care an understanding of legal

boundaries is very essential. It is important to know the law in one state and

the authorities enforcing these laws.

VITAL ROLE OF REGULATORY BODIES

To ensure the public’s light to quality health care service.

To support and assist professional members.

Set and enforce standards of nursing practice.

Monitor and enforce standards for nursing education.

Monitor and enforce standards of nursing practice.

Set the requirements for registration of nursing professionals.

Nursing regulatory bodies also known as colleges or associations, are

responsible for the licensing of nurses with in their respective provinces

territory. The Nursing Regulatory bodies receives their authority from

legislation.

1

Page 2: NURSING EDUCATION

MAJOR TYPES OF REGULATORY

BODIES

The central government.

The state government

Institutional Rules

Trained Nurses Association of India

International council for Nurses

American Nurses Association

Canadian Nurses Association

National League for Nursing

ROLE OF CENTRAL GOVERNMENT

The central government is a source of regulatory body in three ways,

through.

1) Government service conduct rules

2) The Indian Nursing council Act

3) The English law

THE GOVERNMENT SERVICE CONDUCT RULES

These are detailed rules of conduct for are government employees.

Examples of these are the requirement to maintain absolute integrity,

devotion to duty and high standards of moral behaviour. Only a few are

applicable to the nursing practice, but all would be applicable to the practice

of a nurse employed by the government.

2

Page 3: NURSING EDUCATION

INDIAN NURSING COUNCIL ACT

The Indian Nursing Council, which was authorised by the Indian

Nursing Council Act of 1947, was established In 1949 for the purpose

providing uniform standards in nursing education and reciprocity in nursing

registration throughout the country.

The only national legislation directly related to nursing practice, also

provides a basis from which rules for nursing practice can be developed.

Among other responsibilities, this Act gives authority to the Indian Nursing

Council for prescribing curricula for nursing education and recognising

qualifications of institutions with teaching programmes for nursing. This

means that the INC has authority to control nursing education and what

the nurse is prepared to do. It is important because legal responsibility does

finally depend upon what you should be able to do and how you should do it

as well as what you are not prepared to do. The INC uses this authority in

nursing education but it delegates authority for control of nursing practice to

the State Nurses’ Registration Councils.

INDIAN NURSING COUNCIL

The Indian Nursing Council was authorized by the Indian Nursing Act

of 1947. It was established in 1949 to providing uniform standards in nursing

education and reciprocity in nursing registration through out the country.

Nurses registered in one stat were not necessarily recognized for registration

in another state before this time. The Condition of mutual recognition by the

3

Page 4: NURSING EDUCATION

state Nurses Registration Councils, which is called reciprocity, was possible

only if uniform standards of nursing education were maintained.

FUNCTIONS OF INC

1) It provide uniform standards of in nursing education and reciprocity in

nursing registration.

2) It has authority to prescribe curriculum for nursing education in all

states.

3) It has authority to recognize programme for nursing education or to

refuse recognition of a programme if it did not meet the standards

required by the council.

4) To provide the Registration of foreign nurses and for the maintance of

the Indian Nurses Register.

5) The INC authorizes State Nurses Registration Council and Examining

Board to issue qualifying certificates.

The INC has been given heavy responsibilities for nursing practice and

nursing education but it has not been able to exert enough power to

support high standards in nursing.

ENGLISH LAW

The law based upon the English Pattern is the third way in which the

Central Government is a source of legal authority. These laws are very

specific and make you “liable for negligence” or answerable to the laws

4

Page 5: NURSING EDUCATION

for acts of carelessness. The laws summarised below are given for medical

practitioners including nurses.

1) The right to refuse to the treat a patient expect in an emergency

situation.

2) The right to sue for fees. (Applicable only to private duty nurse or

private practitioners: other nurses are salaried.)

3) The right to add a titile descriptions to one’s name. Any title,

description, abbreviation or letter which implies nolding a degree,

diploma, license or certificate showing particular qualifications may

be added. (Improper use of these is often prohibited by State Nurses

Registration Acts.) The right to wear the Red Cross Emblem is

given only to members of the Army medical service.

4) Unregistered practitioners are not allowed to hold positions or

appointments in public and local hospitals

5) Fundamental duties.

a) To exercise a reasonable degree of skill and knowledge in

treating patients. The standard held is that exercised by other

reputable members of the same profession in similar

circumstances.

b) Once a relationship to a patient has been established, there is

an obligation to attend the patient as long as necessary unless

5

Page 6: NURSING EDUCATION

the patient requests withdrawal or notice is given of intention

to withdraw.

c) A practitioner must give personal attention to his cases and

answer calls with reasonable promptness.

d) Children must be protected from harming themselves.

e) Special precautions must be taken in the case of adults who

are incapable of taking care of themselves.

6) The Indian Penal Code demands that poisonous drugs be kept in

separate containers properly labeled and marked. Care must be

taken not to mix with nonpoisonous drugs.

7) There is a duty of secrecy to the patients. Records must be treated

as confidential unless the practitioner is called upon to give

evidence in court.

8) Dangerous diseases must be reported. (Theses will vary in

different parts of the country.)

9) Nurses as considered solely responsible for their own

professional acts irrespective of the employing authority.

A fine is the usual penalty imposed for disobeying the law stated

above, although imprisonment is also possible.

The central responsibility consists mainly of Policy making, palnning,

guiding, assisting evaluating and Co. ordinating the work.

6

Page 7: NURSING EDUCATION

THE OFFICIAL ORGAN OF HEALTH SYSTEM AT THE

NATIONAL LEVEL

Ministry of health and family welfare

The directorate general of health service

The central council of health and family welfare.

FUNCTIONS OF MINISTRY OF HEALTH AND FAMILY WELFARE

International health relations and administration of port quarantine

Administration of the central institute such as All India Institute of

hygiene and public health, Kolkata, National institute for the control of

communicable disease, Delhi

Promotion and development of medical, pharmaceutical, dental and

nursing professions

Establishment and maintenance of drug standards

Census, and collections and publication of other statistical data

Immigration and emigration

Regulation of labour in the working of mines and oil fields

Co. ordination with states and with other ministry for the promotion of

health

CONCURRENT LIST

The functions listed under this are the responsibility of both ccentral

and state government.

7

Page 8: NURSING EDUCATION

1) Prevention of extension of communicable disease from one unit to

another

2) Prevention of adulteration of food stuffs

3) Control of rugs and poisons

4) Vital statistics

5) Labour welfare

6) Ports other their major

7) Economic and social planning

8) Population control and Family planning

DIRECTORATE GENERAL OF HEALTH SERVICE

Functions:

1) International health relations and quarantine of all major ports in the

country and international airport

2) Control of drug standards

3) Medical stone depots are maintained

4) Administration of post graduate training programes

5) Administration of certain medical colleges in India

6) Conducting Medical Research through Indian council of medical

Research

7) Central Government health schemes

8) Implementation of national health programs

9) Maintaing the central health education Bureau

8

Page 9: NURSING EDUCATION

10) Health intelligence to centralize collection compilation, analysis,

evaluation and dissemination of all information on health statistics for

the nation as a whole

11) Maintaining and Administering the National Medical Library.

CENTRAL COUNCIL OF HEALTH

Functions:

1) To consider and recommend broad outline of policy regard to matters

concerning health like environmental hygiene, nutrition and health

Education, provision of remedical and preventive care.

2) To make proposals for legislation relating to medical and public health

matters

3) To make recommendation to the central government regarding

distribution of available grants-in-aid for health purposes

ROLE OF STATE GOVERNMENT

The state government controls nursing practice through the state

Nurses Registration Acts. The state Nurses Registration Councils have

authority to prescribe rules of conduct, to take disciplinary action and to

maintain registers of nurses. Except for the uniform standards given by the

INC, the state nurse practice act is the important law affecting one nursing

practice act that protect the public by broadly defining the legal scope of

nursing practice.

9

Page 10: NURSING EDUCATION

Functions:

1) It registers Nurse / Midwives

2) It serves as legal protections to the nurse

3) It protect the public from incompetent nursing practice or poor nursing

care

4) It accredits and inspects schools of nursing and college of nursing

5) It prescribes the rules of conduct, table disciplinary action

6) It takes united efforts to elevate the standards of nursing

7) It works for the welfare of the members

UNETHICAL PRACTICES COMMONLY PROHIBITED BY STATE

The dishonest use of certificate

Procuring registration by false means

Falsification of the register

Representation of registration by an unrecognised person

Representation of a registrant as a medical practitioner

Many states prohibit an unregistered person from holding a nursing

position in an institution wholly or partially supported by government funds.

Some states prohibit practice of any unregistered nurse.

A fine is the usual penalty imposed for disobeying the laws stated

above although imprisonment is also possible. In actual practice, the state

Council often delegates responsibility for the supervision of nurses to local

10

Page 11: NURSING EDUCATION

authorities such as the District Civil Surgeon or a board appointed for this

purpose.

The Trained Nurses’ Association of India bases its standards for

conduct of professional nurses upon the International Code for Nurses.

INSTITUTION RULES

Institution acts as a regulatory body for all employees by formulating

some rules and regulation Professional rules of conduct may be stated by the

institution regarding conditions of agreement for employment such as periods

of time needed when giving notification of registration.

TRAINED NURSES ASSOCIATION OF INDIA

TNAI means Trained Nurses Association of India, is a national

professional association of nurses. The level of organization moves to the

district, state and national levels. Members of TNAI are usually most active

on the level of the local unit. Activities and conference however are planned

regularly by the state branches and provide opportunities for valuable

professional participation and development of the individual member.

Functions:

Up grading development and standardization of nursing education

Improvement of living and working condition for nurses in India

Registration for qualified nurses

It has promoted the development of courses in higher education for

nurses

11

Page 12: NURSING EDUCATION

It gives scholarships for nurses who wish to go on for advanced study

Helped to organize the state nurse and midwives Registration Council

Helps to develop leadership ability

Helps to share and solve professional problems

Helped to remove discrimination against male nurses

Helped to improve economic conditions for nurses

The official organ of TNAI is the Nursing journal of India which is

published monthly

THE INTERNATIONAL COUNCIL OF NURSE

The International council of nurses, founded in 1899 by Mrs.Bedford

Fenwick, is a federation of non-political and self- governing national nurses

association. The head quarters are in Geneva, Switzerland.

The main purpose of the ICN is to provide a mean through which the

national associations can share their interest in the promotion of health and

care of the sick.

Functions:

1) To promote the development of strong national nurses associations

2) To assist national nurses association to improve the standards of

nursing and the competencies of nurses

3) To assist national nurses associations to improve the status of nurses

within their countries.

12

Page 13: NURSING EDUCATION

4) To serve as the authoritative voice for nurse and nursing

internationally.

The international council of nurses is the global voice of nursing. The

governing body of the ICN is the council of national representative which is

made up of the ICN Honorary officers and the presidents of the national

members associations.

The ICN code of ethics for nurses has four principles elements.

Elements of the code:

NURSES AND PEOPLE

The nurses primary responsibility is to people requiring nursing care.

In providing care, the nurse promotes an environment in which the human

rights, values customs and spiritual belief of the individual, family and

community are respected.

The nurse ensures that the individual receives sufficient information on

which to base consent for care and related treatment.

The nurse hold in confidence personal information and uses judgement

in sharing this information.

The nurse shares with society the responsibility for initiating and

supporting action to meet the health and social needs of the public in

particular those of vulnerable populations.

The nurses also hares responsibility to sustain and protect the natural

environment from depletion, pollution, degradation and destruction.

13

Page 14: NURSING EDUCATION

NURSE AND PRACTICE

The nurse carries personal responsibility and accountability for nursing

practice, and for maintaining competence by continual learning.

The nurse maintains a standard of personal health. Such that the ability

to provide care is not compromised.

The nurse uses judgments regarding individual competence when

accepting and delegating responsibility.

The nurses at all times maintains standards of personal conduct which

respect well on the profession and enhance public confidence.

The nurse, in providing care ensures that uses of technology and

scientific advances are compatible with safety, dignity and rights of people.

NURSES AND THE PROFESSION

The nurses assumes the major role in determining and implanting

acceptable standards of clinical nursing practice, managent research and

education.

The nurse is active is developing a core of research-based professional

knowledge.

The nurse, acting through the professional organization, participate in

creating and maintaining safe, equitable social and economic working

conditions in nursing.

NURSES AND CO-WORKERS

The nurse sustains a co operative relationship with co-workers in

nursing and other field.

14

Page 15: NURSING EDUCATION

The nurse takes appropriate action to safeguard individuals, families

and communities when their health is endangered by a co-workers or any

other person.

AMERICAN NURSES ASSOCIATION

The ANA is the professional organization for registered nurses in the

united states to advance and protect the profession of nursing the purpose of

ANA are;

- To work for the improvement of health standards and the

availability of health care services for all people.

- To foster high standards of nursing and to stimulate and

promote the professional development of nurses and advances

their economic and general welfare.

Functions:

Accredits containing education programs

Provide certification for individual registered nurse

Supplies data for research analysis.

Provide public policy analysis and political education and maintains

government relations and political action activities.

Implements an economic and general welfare program.

Publishes a variety of publications including the American Nurses

Holds conferences and a biennial convention.

They are responsible for creating code of ethics for nurses.

1. The nurse, in all professional relationships, practice with compassion

and respect for the inherent dignity, worth and uniqueness of every

individuals, unrestricted by considerations of social or economic

status, personal attributes or the nature of health problems.

2. The nurse’s primary commitment is to patient whether an individual,

family, group or community.

15

Page 16: NURSING EDUCATION

3. The nurse promotes advocates for and strives to protect the health,

safety and rights of the patient.

4. The nurse is responsible and accountable for individual nursing

practice and determines the appropriate delegation of tasks consistent

with the nurses obligation to provide optimum patient care.

5. The nurse owes the same duties to self as to other including the

responsibility to preserve integrity, to maintain competence, and to

continue personal and professional growth.

6. The nurse participates in establishing maintaining and improving

health care environment and improving health care environment and

conditions of employments conducive to the provision of quality

health care and consistent with the values of the profession through

individual and collective action.

7. The nurse participates in the advancement of the profession through

contributions to practice, education, administration and acknowledge

development.

8. The nurse collaborates with other health professionals and with the

public in promoting community, national and international efforts to

meet health needs.

9. The profession of nursing as represented by associations and their

members is responsible for the articulating of nursing values, for

maintaining the integrity of the profession and its practice, and for

shaping social policy.

CANADIAN NURSES ASSOCIATION

It is the national nursing association of Canada. The Canadian Nurses

Association has developed national standards and a code of ethics and it

offers support to all professional associations. Though this foundation

research grants, fellowships and scholarships and offered to Canadian Nurses.

16

Page 17: NURSING EDUCATION

The nursing profession in Canada is regulated in the public interest

meaning that a person is not allowed to work in a nursing job or even use the

little “nurse” unless he/she is registered with a provincial regulatory

authority.

Functions

Regulating nursing education standards for nursing programs.

Setting criteria for admission to the professional

Setting standards for practice

Acting on complaints from the public

Disciplining members who fail to meet the necessary standards of life

practice.

Providing support for nursing practice to registered members.

NATIONAL LEAGUE FOR NURSING

The mission of the national league for nursing is to advance the

promotion of health and the provision of quality health care within a

changing health care environment by promoting and monitoring effective

nursing education and practice through collaborative efforts of nursing

leaders, representatives of relevant agencies, and the general public.

Functions

Strengthen nursing’s role in the promotion of quality health care that is

both accessible and affordable.

Promote quality in nursing practice.

Assure quality in nursing education.

Enhance the consumer involvement in attaining the goals of the

organization.

Develop creative and collaborative approaches to the resolution of

health care problems.

Restructure the organization to provide flexibility for fixture growth

and development.

17

Page 18: NURSING EDUCATION

Ensure the financial solvency of the organization.

The NLN is recognized in the united states as the national accrediting

body for all basic nursing education, programs, as well as for masters degree

nursing programs.

Provide peers-review accreditation programs for home health agencies

and community nursing service.

Provide consultation services, continuing education, programs,

analysis of statistical data related to nursing education and a variety of

information package to affect recruitment image and legislative affairs.

18

Page 19: NURSING EDUCATION

19

Page 20: NURSING EDUCATION

CONCLUSION

The provincial regulatory bodies have responsibility for monitoring

and approving nursing education. All nursing education programs must

prove that their nursing curriculum. Prepares graduates to practice

professionally and meet the required standards and competencies. The

government sets out the legislation for the protection of the public it is the

nurses themselves who carry out this legislation under the specific mandate

and structure required by the law.

A.V. AIDS USED

Power point, OHP, Chart.

BIBLIOGRAPHY

BOOK REFERENCES

Ann. J. Zwemer (1995), Text Book of Professional Adjustments

and Ethics for Nurses In India, Sixth edition, B.I. Publications,

Madras, p.no: 139 – 147.

Grace L. Deloughery ( ), Issue and Trends in Nursing, third

edition Mos by company publications, p.no.91-92.

Joanne Come Mecloskey, Helan Kennedy, ( ), Current Issues in

Nursing, third edition, C.V. Mosby company publications, p.no. 45,

116, 472-476.

K. Park, (2002), Text Book of Preventive and Social Medicine,

Seventh edition Banarsidas Bhanot Publication, p.no. 640.

Mary Lucita, ( ), Nursing Practice and Public Health

Administration Current Concepts and Trends, Second edition,

Elsevier publications, New Delhi, p.no.169.

Susan Leddy J. Mae, ( ), Conceptual Basis of Professional

Nursing, Second edition, J.B. Company publication, p.no.31-34.

Taylor Carol (2008), Text Book of Fundamentals of Nursing /

The Art and Science of Nursing Care, Vol. 1, Sixth edition,

20

Page 21: NURSING EDUCATION

Lippin Cott Williams and Wilkins Publications, Philadelphia, p.no.

123.

JOURNALS

Regulatory Model on Transitioning Nurses From Education to

practice, Nancy Spector, Sulling Li, Joan’s Health Care Law, ethics

and Regulation / volume 9 No.1 January – March, 2007, p.no.19 – 22.

Issues of Accreditation, A Deans Perspective, Collins, online journal

of issues in nursing volume 2, No.3.

The Tri Council for Nursing: Barbara, K. Redman, Geradline, 15

Years of Fruitful Co-operation Nursing Outlook, Vol. 39, No.3, p.128-

138.

21