The primary purpose of law and legislation governing nursing practice is to protect the:

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    The College develops and implements policies and changes to its nursing legislation with the goal of protecting the public interest through the regulation of nursing practice.

    Policy development involves identifying trends or issues that may have an impact on nursing regulation. New government legislation, direction from Council, and other external factors can play a role in helping the College identify and shape its policies. These policies in turn shape the College’s by-laws.

    • By-Laws

      The College’s by-laws are the rules that govern how the College operates. Government legislation authorizes Council to make by-laws related to the College's governance, administration and regulatory functions.

    • Legislation Governing Nursing

      The Nursing Act, 1991 and the Regulated Health Professions Act, 1991 determine how the nursing profession is regulated in Ontario.

    Page last reviewed July 24, 2019

    Nursing Practice Act and Code of State Regulations

    Nurses, like other licensed professionals, are regulated by various state laws. One important state law that directly affects the practice of nursing is the nursing practice act. Nursing practice acts originated to protect the public from unsafe and unlicensed practice, by regulating nursing practice and nursing education. Nursing practice acts define nursing, set standards for the nursing profession and give guidance regarding scope of practice issues. As such, the state nursing practice act is the single most important piece of legislation affecting nursing practice.

    Nursing practice acts are not checklists. They contain general statements of appropriate professional nursing actions. The nurse must incorporate the nursing practice act with his or her educational background, previous work experience, institutional policies, and technological advancements. The main purpose of nursing practice acts is to protect the public from unsafe practitioners, and the ultimate goal is competent, quality nursing care provided by qualified practitioners.

    Nurses have an ethical and legal responsibility to maintain the currency of their practice in today’s changing health care system and to be familiar with the nursing practice act.

    The Missouri Nursing Practice Act is found in the State of Missouri Statutes RSMo 335. You can access the statute at: https://pr.mo.gov/nursing-rules-statutes.asp.

    Reference
    Brent, Nancy. (1997). Nurses and The Law, A Guide to Principles and Applications. W.B.Saunders Company.

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    • About us
    • Governance
    • Our legal framework
    • Our legislation

    Overview of our legislation, how it fits together and what this means for us and the nurses, midwives and nursing associates we regulate

    Overview

    Like other professional healthcare regulators, we have a set of governing legislation.Our main legislation is the Nursing and Midwifery Order 2001 (‘the Order’); a series of orders made by the Privy Council and Rules made by our Council sit underneath the Order.

    All our legislation was created under powers in the Health Act 1999, and all of our legislation is secondary legislation. These pieces of legislation work together to form a detailed legal framework that determines how we operate. To change how we operate generally requires legislative change.

    Our legislation

    The Order established our organisation and sets out our primary purpose of protecting the public, the structure of the organisation and our functions and activities. The Order also sets out some binding principles and oversight arrangements for us. We are accountable to the Privy Council, the Department of Health and the Professional Standards Authority.

    The Order also sets out matters that require either the Privy Council to make orders or our Council to make Rules. Both the Privy Council orders and Rules that sit underneath the Order serve a number of different functions. Primarily, they set out the detailed approach to our higher-level functions and activities which are set out in the Order. So, the Order must permit certain activities and the Privy Council orders and Rules made by our Council set out an approach to those.

    Both draw their legal standing (or ‘vires’) from the Order. They cover functions including registration, fitness to practise processes, and setting standards of education and training.

    How can our legislation be changed?

    Any changes to our functions and activities will likely require a change to our legislation, given the detailed nature of this legislation. We must consult with relevant stakeholders on all proposed changes to our legislation. Any changes are subject to parliamentary processes following consultation, ending in approval by the Privy Council.

    What is the role of the nurse manager in assuring ethical nursing practice on the unit?

    A nurse manager must be aware of what is happening on the unit to prevent injury to the patient and exposing the staff to a potential malpractice situation.

    What is the most common charge against healthcare workers?

    Verbal abuse (57.6%) was the most common form of non-physical violence, followed by threats (33.2%) and sexual harassment (12.4%). The prevalence of violence against HCWs was particularly high in Asian and North American countries, in Psychiatric and Emergency departments, and among nurses and physicians (2).

    What is a voluntary agreement between two or more people called?

    A contract is a voluntary arrangement between two or more parties that is enforceable at law. It is a legally- binding agreement that obligates two or more parties to complete certain tasks. It creates rights and obligations to parties of the contract.