Nursing Peer Review Process Flashcards
6 cards from real TX NJE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Nursing Peer Review Process flashcards as text
A nurse is notified that their practice is being evaluated by an incident-based nursing peer review committee. According to the Texas Administrative Code, which of the following represents a fundamental due process right afforded to the nurse during this process?
Answer: The right to be present when testimony is being presented and to question witnesses.
Texas Administrative Code Rule 217.19(d) outlines the minimum due process rights for a nurse in an incident-based peer review. These rights include being given written notice, a description of the event, and the opportunity to be present, call witnesses, and question witnesses during the proceeding.
A hospital that regularly employs 30 nurses, including 20 RNs and 10 LVNs, establishes a nursing peer review committee. According to the Texas Occupations Code, what is the primary purpose of this committee?
Answer: To evaluate nursing services and determine if a nurse's conduct requires reporting to the Board of Nursing.
The Texas Occupations Code §303.001(5) defines peer review as the evaluation of nursing services, the qualifications of a nurse, the quality of patient care, and the merits of a complaint, ultimately to determine or recommend whether a report to the Board of Nursing is warranted. The committee does not make employment decisions, though the employer may use its findings to inform their own decisions.
A nurse believes an assignment from a supervisor would violate their duty to a patient and could potentially violate the Nursing Practice Act. To be protected from employer retaliation, the nurse invokes Safe Harbor. When must the nurse invoke this protection?
Answer: Prior to engaging in the conduct or assignment for which peer review is requested.
According to BON Rule 217.20, Safe Harbor must be invoked *prior* to engaging in the conduct or assignment. It can be invoked when the assignment is made or at any time during the work period if the initial assignment changes in a way that the nurse believes could cause patient harm.
An incident-based peer review committee is convened to review the practice of a Registered Nurse (RN). Which of the following is a specific requirement for the composition of this committee according to the Nursing Practice Act?
Answer: At least two-thirds of the members must be Registered Nurses, and only RNs may vote.
Texas Occupations Code §303.003(c) specifies that a peer review committee reviewing the practice of professional nursing must have registered nurses as two-thirds of its members, and only registered nurses are permitted to be voting members.
Which of the following situations would obligate a home health agency that regularly employs 12 nurses (7 RNs, 5 LVNs) to conduct an incident-based nursing peer review?
Answer: A nurse commits five minor incidents within a 12-month period.
Texas Administrative Code Rule 217.16(e) specifies that in practice settings with nursing peer review, a nurse must be reported to the peer review committee if they commit five minor incidents within a 12-month period, as this may indicate a pattern of practice that poses a risk of harm.
A nurse serves on a nursing peer review committee and participates in the evaluation of a colleague's practice. The committee proceedings are conducted in good faith. What protection is this nurse afforded under the Texas Occupations Code?
Answer: Immunity from civil liability for any act or recommendation made without malice during the peer review process.
Texas Occupations Code §303.006 grants immunity from civil liability to members of a nursing peer review committee for any act, statement, determination, or recommendation made in the course of peer review, provided it is done in good faith and without malice.