TX NJE - Texas Nursing Jurisprudence Nursing Practice Act Provisions Questions and Answers — Questions and Answers
Question 1: A registered nurse (RN) in a busy ICU is assigned a patient who requires a complex dressing change that the RN has not been trained on. The charge nurse insists the RN perform the procedure due to staffing shortages. According to the Texas Nursing Practice Act, what is the most appropriate initial action for the RN to take?
- Attempt the procedure using the hospital's online policy and procedure manual as a guide.
- Refuse the assignment and document the refusal in the patient's chart.
- Invoke Safe Harbor to initiate a peer review of the assignment's safety before accepting or rejecting it. (Correct answer)
- Delegate the dressing change to a licensed vocational nurse (LVN) who claims to have experience.
Correct answer: Invoke Safe Harbor to initiate a peer review of the assignment's safety before accepting or rejecting it.
The Texas Nursing Practice Act provides for 'Safe Harbor,' a process that protects a nurse from employer retaliation when they make a good faith request for peer review of an assignment they believe could violate their duty to a patient. Invoking Safe Harbor must be done before accepting the assignment and allows a committee of peers to determine the assignment's safety without jeopardizing the nurse's license. Attempting the procedure without competency, simply refusing without invoking protections, or improperly delegating are not the appropriate first steps.
Question 2: Under Texas Board of Nursing Rule 217.11, Standards of Nursing Practice, a nurse has a mandatory duty to report another nurse to the Board of Nursing (BON) or a peer review committee under which of the following circumstances?
- The nurse is frequently rude to coworkers but provides clinically excellent patient care.
- The nurse has a personal, non-violent misdemeanor conviction unrelated to nursing practice.
- The nurse's conduct leads to a reasonable suspicion that their practice is impaired by substance abuse. (Correct answer)
- The nurse consistently clocks in five minutes late for their shift, creating a brief report delay.
Correct answer: The nurse's conduct leads to a reasonable suspicion that their practice is impaired by substance abuse.
The Texas Nursing Practice Act and Board Rules mandate reporting when a nurse has reasonable cause to suspect that another nurse's practice is impaired by chemical dependency or substance abuse. While rudeness and tardiness are unprofessional, they do not typically meet the threshold for mandatory reporting unless they directly impact patient safety in a reportable way. Similarly, a misdemeanor unrelated to nursing may not require reporting, whereas impairment from substance abuse poses a direct threat to patient safety and is explicitly defined as conduct subject to reporting.
Question 3: A Registered Nurse (RN) working in an acute care hospital needs to delegate a task to an unlicensed assistive person (UAP). According to Chapter 224 of the Board of Nursing rules regarding delegation, which task is appropriate for the RN to delegate?
- Performing a sterile catheter insertion for a patient with urinary retention.
- Administering a scheduled oral antibiotic to a stable patient.
- Conducting the initial admission assessment for a newly arrived patient.
- Assisting a stable, post-operative patient with ambulation to the restroom. (Correct answer)
Correct answer: Assisting a stable, post-operative patient with ambulation to the restroom.
According to the Texas Board of Nursing rules on delegation in acute care settings (Rule 224), the RN can delegate tasks that do not require professional nursing judgment, assessment, or intervention. Assisting a stable patient with ambulation falls within the scope of a UAP's duties. Sterile procedures, medication administration, and initial assessments require the specialized knowledge and judgment of a licensed nurse and are prohibited from delegation to UAPs in this setting.
Question 4: Which of the following is considered 'Unprofessional Conduct' by the Texas Board of Nursing under Rule 217.12 and can be grounds for disciplinary action?
- Failing to maintain a professional boundary by accepting a large cash gift from a patient's family. (Correct answer)
- Disagreeing with a physician's order in a respectful and professional manner.
- Refusing to work a double shift due to personal fatigue.
- Participating in a legal and peaceful public protest on a day off.
Correct answer: Failing to maintain a professional boundary by accepting a large cash gift from a patient's family.
Board Rule 217.12 defines unprofessional conduct to include violating professional boundaries, such as the financial exploitation of a client. Accepting a large cash gift blurs the nurse-client relationship and is considered a boundary violation. Disagreeing with an order, refusing overtime when fatigued (which can be a patient safety measure), and personal activities outside of work are generally not considered unprofessional conduct by the BON unless they violate another law or rule.
Question 5: To maintain licensure, all nurses in Texas are required to complete 20 hours of continuing education every two years. Which of the following is also a mandatory continuing education requirement for every third license renewal cycle?
- A course on the latest advancements in pharmacology.
- Two contact hours related to forensic evidence collection.
- A minimum of four hours on Texas-specific communicable diseases.
- Two contact hours related to nursing jurisprudence and nursing ethics. (Correct answer)
Correct answer: Two contact hours related to nursing jurisprudence and nursing ethics.
The Texas Board of Nursing requires all nurses to complete 2 contact hours of continuing education on nursing jurisprudence and ethics before the end of every third two-year licensing period. While other specific requirements exist (like forensic evidence for ER nurses or geriatrics for those working with older adults), the jurisprudence and ethics course is a recurring requirement for all nurses every six years (every third renewal).
Question 6: A nurse who invokes Safe Harbor in good faith when requested to accept an assignment is protected from what action by the employer?
- A performance review of the nurse's clinical skills.
- A requirement to complete the detailed Comprehensive Written Request form.
- Disciplinary action or retaliation for making the request. (Correct answer)
- A future assignment to the same patient or unit.
Correct answer: Disciplinary action or retaliation for making the request.
The primary purpose of the Safe Harbor provision in the Nursing Practice Act is to protect a nurse from employer retaliation, suspension, termination, discipline, or discrimination for making a good faith request for a peer review of an assignment or conduct. While the nurse is still required to complete the necessary paperwork and may be subject to normal performance reviews or future assignments, they cannot be punished simply for invoking the Safe Harbor process.
A registered nurse (RN) in a busy ICU is assigned a patient who requires a complex dressing change that the RN has not been trained on.
The charge nurse insists the RN perform the procedure due to staffing shortages.
According to the Texas Nursing Practice Act, what is the most appropriate initial action for the RN to take?