Professional Regulation and Criminal Liability in Nursing - Research Paper Example

Professional Regulation and Criminal Liability in Nursing Professional Regulation and Criminal Liability Paper Introduction In contemporary health care practice, regulation of involved professionals is imperative in realization of improved health outcomes. Regulations through agencies assist in ensuring patients’ safety. Moreover, health care practice regulation remains essential in minimizing professional misconducts including negligence and other associated damages. Effective regulation of nursing health care practice is vital in significant reduction of criminal liabilities cases. The paper explores regulation of nurses working in California based on health care statues within the region. It is imperative to note that effective health care practice regulation remains indispensable in ensuring improved health care and practice in California. Civil complaint Process for consumers and patients in cases of suspected Nurse professional incompetence or misconduct The Board of Registered Nursing (BRN) have the task of protecting public members from unhealthy care practices by regulating professional conduct advanced and registered burses. According to California’s Nursing Practice Act, Nurses has the professional obligation and responsibility of solving public members daily health related concerns. In situations where nurses commits potential professional misconduct in failing to effectively and competently execute their duties or uses their position to undermine consumers or patients, the offender may file a complaint. Such professional misconducts or abuses filed by public members to California Board of nursing include incompetence, gross negligence, misrepresentation, license fraud, and substance abuse (BRN, 2015). The process civil complaint for consumers and patients remains simpler as board of nursing accepts complains from any person who believes that nurses have committed a professional illegal activity. After receipt of complains, board of nursing decides its validity and possibility of appropriate legal discourse. While filling a complaint, public members should either fill online forms or write signed descriptions of the concerned nurse professional misconduct and address it to the Board of nursing for follow up. It is imperative that all complaints remain descriptive to enable immediate conviction of the particular nurse accused of professional misconduct. Explaining the involved nurse professional misconduct and other relevant details would aid in effective development of a case against the health care practitioner. However, it is indispensable for the public members to have an understanding of the contemporary trends in health care practice. Role of Regulatory agencies in investigating allegations, applying and determining disciplinary action The most fundamental nursing regulatory agency in California is the Board of registered nursing (BRN). BRN has a significant responsibility of enforcement and effective implementation of Nursing practice Act. As aforementioned, Nursing Practice Act is imperious in protecting public members from registered nurses professional misconduct. The BRN has the responsibility of receiving complaints about nursing professional misconducts from public members and lawfully act on the concerned health practitioner. After receiving complains, the BRN launches comprehensive investigations based on health care practice principles to determine the extent of unprofessionalism (BRN, 2015). The nine-member nursing board consisting of five registered nurses and four public members appointed through legislation regulates nursing practice through various roles. The foremost role relates to establishment of nursing educational standards and programs that would form the basis of determining allegations in cases. In addition, BRN as a governmental regulatory agency ensures that all California nurses remains registered and have license for professional practice. The license is vital in regulating nurse professional conduct and operations within health care systems. Licensed nurses has obligation act within the Nursing Practice Act, a factor that is essential in their professional regulation and disciplinary. Te regulatory agency determines nurses professional misconducts based on the license obligations and related violations. It is indispensable to note that in association with other health regulatory agencies including department of health services, BRN helps in investigating nurses’ misconduct. Other imperative investigation agencies include Division of investigations and the department of consumer affairs. Moreover, District Attorney’s office is vital in reviewing nurse cases. Though the Attorney’s office has the legal authority to determine disciplinary action, BRN has the ultimate decision (BRN, 2015). Criminal liabilities for Nurses engaged in Professional misconduct and abuses perpetrated in their practice. Registered nurses remains liable to negligence laws with reference established standard principles of nursing practice. The liability laws indicate that nurses may directly have responsibility for injuries afflicted on patients. In addition to other malpractice theories, negligence laws are imperative in determining criminal liabilities of professional misconduct in nursing. In essence, negligence is against the interest of patients or consumers and Nursing Practice Act that regulates nurses’ professional practice. Therefore, committing health negligence would directly harm patients and consequently make the specific nurse legally liable. Such negligence also warrants professional abuse punishable by criminal liability. However, nurses remain liable to such negligence leading to patient injury only under three main circumstances. First, the nurses must legally owe care duty to the particular patient. Nurses have specific roles in relation to their field of professional practice. It is imperative that before deciding on criminal liability of nurses, the jury and BRN should comprehensively analyze their legal responsibilities. A complain by patients about nurses relating to health care outside their professional practice would not warrant to criminal liability. Consequently, liability laws remains fundamental in convicting criminal liability against nurses only if their owed specified duty to a complaint mainly within defined professional conduct. Secondly, a nurse would remain convicted of negligence if there were evidence of a breach their care duty or other legal responsibilities. Lastly, nurses would have criminal liability if the aforementioned breach of professional conduct afflicted significant damage to customer or patient health. In cases of criminal liability with fundamental evidence of nursing practice Act violation, BRN would charge the concerned nurse. Such charges decided by BRN include suspension or revoking a nurse license. Other possible charges after criminal liability may include probation or fine. Risk management strategies for reducing negligence and liability in nursing practice Risk management in health care entails identification of potential vulnerabilities against patient safety and making imperative changes to reduce professional liabilities. Nurses have the obligation of improving health care quality and patient safety. However, risks eventualities directly minimize their work by making them professionally liable. Consequently, there exists urgent need to address potential risks associated with provision of health care. The foremost strategy in managing nursing practice associated risks involves effective leadership. Effective nursing leadership is integral in realization of better and improved health care services. Good leadership skills encourage accountability and professional communication in nursing practice. Moreover, proper leadership in nursing profession would help in constant education and coaching of nurses to help caution them o professional misconducts. It is imperative to note that such transformative leadership in nursing practice that encourages good health care is vital in risk management. The leaders help in communicating indispensable safety practices aimed at risk management. Besides effective nursing leadership, clinical competency defines the most amicably risk management strategy. Staffing a competent nursing team is vital in realization of decreased risks cases in health practice. It is essential to note that effective staffing not only addresses quality responsibilities but also establishes competent personnel able to meet patients’ needs. Effective staffing of competent nursing personnel is vital in managing potential risks associated with nursing practice including negligence (Raso & Gulinello, 2010). Moreover, effective patient identification systems are imperious in risk management within health centers. In most instances, nurses commit negligence or professional misconducts due to mistaken patient identification issues. In ensuring elimination of mistaken patient identification, health care management should establish an effective system that double checks necessary client information. Quality assurance programs for reducing negligence and liability in nursing practice Quality assurance programs entail oversight and monitoring strategies for preventing possible occurrence of professional negligence or liability in nursing practice. The foremost strategy is the aforementioned risk management program that outlines standard daily nursing practice. Such risks management programs defines standards rules relating to documentation of patient information, identification of patients, and treatment and care procedures among many others. Such programs assist in improving quality of health practice and reducing negligence cases. Besides risk management strategy, education, licensing, and staffing are imperative quality programs in reducing negligence and liability. Licensing programs should ensure provision of qualified and competent professionals to the health sector. In addition, nursing education programs should remain competitive and efficient to ensure significant reduction of negligence and liability. Process to follow in cases of criminal charges against nurses in relation to professional misconduct After a filing complaint to the BRN, both the complainant and the accused nurse has legal right to follow the subsequent steps of investigation legal review, and determination of conviction. The BRN committee receives complains from patients and reviews them to decide on legal course. Such review would entail decision of whether the registered nurse has eligibility for BRN diversion program and warrant jurisdiction of another government agency. After successful review of complain, an investigation follows with subsequent submission of results to Attorney General’s office it the case meets disciplinary action standards. Consequently, the accused nurse receives similar legal document and an opportunity to dispute charges during administrative hearing. Thereafter, administrative agencies propose legal decision that the BRN deliberates on. Therefore, BRN has the ultimate legal decision against professional misconduct. Patients and the public members can access legal charges against nurse misconduct through BRN. References Board of Registered Nursing (BRN). 2015. What is the Board of Registered Nursing?. Web. February 22, 2015. Retrieved from http://www.rn.ca.gov/about_us/whatisbrn.shtml Board of Registered Nursing (BRN). 2015. What is the enforcement program. Web. February 22, 2015. Retrieved from http://www.rn.ca.gov/enforcement/whatisenf.shtml Raso, R., & Gulinello, C. (2010). Creating cultures of safety: Risk management challenges and strategies. Nursing Management, 41(12), 26-34. doi:10.1097/01.NUMA.0000390459.88752.0c Read More