Texas nursing board sued over rules for advanced practice

2
Texas nursing board sued over rules for advanced practice rn Things are hot in Texas. The Board of Nurse Examiners is under fire from medicine and the Texas Hospital Association (THA) for adopting rules and regulations for advanced nurse practitioners. The Texas Medical Asso- ciation claimed, “There is no authority, ex- press or implied, under the statutes, relating to the practice of professional nursing, for the Board of Nurse Examiners to create or regu- late specialty practice such as advanced nurse practitioners.” They have sued the board, as has THA. “I don’t believe nurses will settle for anyone but nursing to regulate nursing practice,” said Janet Moll, RN, president of Texas Nurses Association District 4 in their June-July news- letter. “It seems absurd in this day and time that medicine thinks the nursing profession has no independent functions-that nursing consists only of following doctors orders.” In its suit, TMA challenges the authority of nurses to “formulate and initiate a health care plan,” saying this could not be done “without performing one or more acts of medical diag- nosis and/or prescription of corrective mea- sures-in violation of the Medical Practice Act of Texas.” The case is going to court. In the meantime, the nursing board is girding for sunset review this fall. TNA is concerned that institutional licensure may resurface, as it did in 1973. Physicians’ assistants (PAS)could be hired directly by health facilities under an Ohio bill. In Legislation sm currect practice, they are employed by indi- vidual physicians. PAS are under jurisdiction of the medical licensing board. Although the bill calls for physician supervi- sion, “there is no guarantee that the physician responsible would be present at all times,” said Nancy Magel, assistant executive director of the Ohio Nurses Association (ONA), which opposes the bill. “Also, there are no guidelines on what the PA may do and who in the institu- tion would decide. “We don’t oppose the concept of PAS, but we are concerned about adequate supervi- sion,” Magel continued. “PAS are providing certain levels of medical care.” PAS in Ohio have one to four years of education and must pass a national certification exam. In the last session, the legislature defeated a bill that would have permitted PAS to act as anesthesia assistants, again without clear supervisory guidelines, Magel said. “RN DEGREE-By examinations. If you have the knowledge regardless of how you acquire it. It is possible to receive a fully accredited licensable degree in nursing a couple of months from now. . . .” The ad ran in the Saginaw (Mich) News. When curious nurses called the Detroit number, a woman who was “not at liberty” to give her name told them it would cost $1 0 to get more information. No checks. The two months would be spent at a “well-known” hospital, which she would not identify, with three days of testing, paid for. Gertrude Kohloff, RN, AORN national Legis- lative Committee member, sent us the ad. The Michigan Board of Nursing said similar ads had appeared in Detroit papers and had heard of one in Indiana. The state’s Department of Licensing and Regulation is investigating. 322 AORN Journal, August 1980, Vol32, No 2

Transcript of Texas nursing board sued over rules for advanced practice

Page 1: Texas nursing board sued over rules for advanced practice

Texas nursing board sued over rules for advanced practice rn Things are hot in Texas. The Board of Nurse Examiners is under fire from medicine and the Texas Hospital Association (THA) for adopting rules and regulations for advanced nurse practitioners. The Texas Medical Asso- ciation claimed, “There is no authority, ex- press or implied, under the statutes, relating to the practice of professional nursing, for the Board of Nurse Examiners to create or regu- late specialty practice such as advanced nurse practitioners.” They have sued the board, as has THA.

“I don’t believe nurses will settle for anyone but nursing to regulate nursing practice,” said Janet Moll, RN, president of Texas Nurses Association District 4 in their June-July news- letter. “It seems absurd in this day and time that medicine thinks the nursing profession has no independent functions-that nursing consists only of following doctors orders.”

In its suit, TMA challenges the authority of nurses to “formulate and initiate a health care plan,” saying this could not be done “without performing one or more acts of medical diag- nosis and/or prescription of corrective mea- sures-in violation of the Medical Practice Act of Texas.”

The case is going to court. In the meantime, the nursing board is girding for sunset review this fall. TNA is concerned that institutional licensure may resurface, as it did in 1973.

Physicians’ assistants (PAS) could be hired directly by health facilities under an Ohio bill. In

Legislation sm

currect practice, they are employed by indi- vidual physicians. PAS are under jurisdiction of the medical licensing board.

Although the bill calls for physician supervi- sion, “there is no guarantee that the physician responsible would be present at all times,” said Nancy Magel, assistant executive director of the Ohio Nurses Association (ONA), which opposes the bill. “Also, there are no guidelines on what the PA may do and who in the institu- tion would decide.

“We don’t oppose the concept of PAS, but we are concerned about adequate supervi- sion,” Magel continued. “PAS are providing certain levels of medical care.” PAS in Ohio have one to four years of education and must pass a national certification exam.

In the last session, the legislature defeated a bill that would have permitted PAS to act as anesthesia assistants, again without clear supervisory guidelines, Magel said.

“RN DEGREE-By examinations. If you have the knowledge regardless of how you acquire it. It is possible to receive a fully accredited licensable degree in nursing a couple of months from now. . . .” The ad ran in the Saginaw (Mich) News. When curious nurses called the Detroit number, a woman who was “not at liberty” to give her name told them it would cost $1 0 to get more information. No checks. The two months would be spent at a “well-known” hospital, which she would not identify, with three days of testing, paid for.

Gertrude Kohloff, RN, AORN national Legis- lative Committee member, sent us the ad. The Michigan Board of Nursing said similar ads had appeared in Detroit papers and had heard of one in Indiana. The state’s Department of Licensing and Regulation is investigating.

322 AORN Journal, August 1980, Vol32, No 2

Page 2: Texas nursing board sued over rules for advanced practice

W Are you ready for political action? Then you should know about N-CAP-Nurses Coalition for Action in Politics. They’re raising money now and looking over candidates to endorse this fall. In 1978, N-CAP raised $98,000 and supported 231 congressional candidates, of whom 199 were winners.

N-CAP is the political action arm of the American Nurses’ Association (ANA). Under the law, ANA is not permitted to endorse can- didates, although they can and do lobby on federal legislation. N-CAP was separately or- ganized to support candidates helpful to nurs- ing and health care. N-CAP also works with 34 state political action committees.

Activities include publications, exhibits, and guidance on becoming a delegate to a party convention, getting involved in election cam- paigns, and running for office.

Nursing still has a way to go before it will match medicine in funding clout. In 1978, the American Medical Association’s political arm contributed more than $1.5 million to candidates-more than 15 times as much as nursing .

To learn more about N-CAP, write them at 1030 15th St NW, Suite 408, Washington, DC 20005.

W The national press is full of reports on the nursing shortage. Journals of the American Hospital Association (AHA) and the Federa- tion of American Hospitals (FAH) published special issues this spring. A Washington Post columnist, married to an RN, offered his analysis in March.

How do they see the issue? Citing a survey by the National Association of Nurse Recruit- ers, the FAH Review (April/May 1980) said the three top factors are working conditions (sal- ary, hours, workload, and stress), more career opportunities for women, and a drop in en- rollments and graduations from nursing schools. The average hospital in their survey will spend more than $62,500 to recruit nurses and another $19,900 replacing those who leave within the first year.

“There’s a long road ahead,” said the May 1 editorial in Hospitals, published by AHA. En- couraging hospitals to examine their man- agement, the journal said, “Hospitals’ failure to respond effectively to the needs of nurses has been a major factor contributing to the attrition

of practicing nurses.” AHA has set up a Na- tional Commission on Hospital Nursing to look into the problem, and they have lobbied against federal cuts in nursing education funds.

Washington Post writer Colman McCarthy observes, “Nurses work within a natural ten- sion; they are called on as a group to uphold altruistic values while individually each nurse is subjected to authoritarian and economic structures that can have little concern, much less reward, for intangibles like kindness and caring.”

At last, someone outside nursing is noticing. Nursing journals have reported on these problems for years. Now that the power struc- ture is waking up, perhaps there will be some action.

W Are you registered to vote? General elec- tions are Nov 4. Residency requirements vary from state to state, but there is still plenty of time before the election. Your county clerk or local election commission can tell you the deadline and where to register. It only takes a few minutes. Remember, nurses vote more than 1 million!

Patricia Patterson Associate editor

RR seminar to be held in Florida The Florida Society of Anesthesiologists will conduct its 11 th annual Seminar for Recovery Room Personnel at the Dutch Inn at Lake Buena Vista, Fla, from Oct 30 to Nov 2, 1980. The seminar will include special presentations by noted medical authorities, scientific sessions, exhibits of new equipment and services, and social events for all registrants. The society has applied for 15 hours of CEU credit, not including the workshops, which will count one unit per hour. Registration fee is $65 per person and includes breakfasts, lunches, and the seminar banquet. Special room rates of $39 single or $44 double will be available for registrants. For registration forms and further information, write to the Florida Society of Anesthesiologists, 31 10 First Ave N, St Petersburg, Fla 33713, (813) 823-1250.

324 AORN Journal, August 1980, Vol32, No 2