Author: Sandy Swearingen

Ohio Nursing Law & Rules – Current Issues in Practice

DESCRIPTION: 

This independent study has been designed to enhance the nurse’s ability to find information to stay up-to-date on the Ohio nursing law and rules.

1 contact hour of Category A (Ohio Nursing Law and Rules) will be awarded for successful completion of this independent study.

OUTCOME: : The learner will have an increased knowledge related to current issues in nursing practice in Ohio and the laws surrounding them.

This independent study was developed by: Jessica Dzubak, BSN, RN. The authors and planning committee members have declared no conflict of interest.

The Ohio Nurses Association is accredited as a provider of continuing nursing education by the American Nurses Credentialing Center’s Commission on Accreditation (OBN-001-91).

Expires 9/30/2020.

@Copyright, Ohio Nurses Association (2018)

DIRECTIONS & CRITERIA FOR SUCCESSFUL COMPLETION

1.   Please read carefully the below article “Ohio Nursing Law & Rules – Current Issues in Practice.”

2.   Complete and submit the post-test, evaluation form and the registration form.

The post-test will be reviewed. If a score of 70 percent or better is achieved, a certificate will be emailed to you and contact hours will be awarded. If a score of 70 percent is not achieved, a letter of notification of the final score and instructions on how to take second post-test will be sent to you. We recommend that this independent study be reviewed prior to taking the second post-test. If a score of 70 percent is achieved on the second post-test, a certificate will be issued.

If you have any questions, please contact the Ohio Nurses Association’s CE department at sswearingen@ohnurses.org or 614-323-1164.

STUDY

The laws and rules surrounding nursing don’t have to be overwhelming. They exist to not only protect the patients nurses care for, but to protect the nurses themselves as well.

This independent study activity will cover the role of the Ohio Board of Nursing in supporting these rules, as well as some important and relevant information on current nursing practice issues including staffing, documentation, and patient rights. This study will also discuss how these current issues relate to Ohio nursing law and rules.

1.0 Contact Hour that will satisfy the Ohio Category A requirement will be awarded with successful completion of this activity.

 Who Makes the Rules?

All nurses in Ohio are familiar with the Ohio Board of Nursing, or “the board”. In addition to auditing things like continuing education hours, the board investigates complaints against nurses and administers discipline as appropriate (Ohio Board of Nursing [BON], 2017). The board works diligently to ensure the public is being cared for by safe, competent and qualified nurses.

Not Just for Nurses

While it is titled the Board of Nursing, the board oversees additional healthcare professions. Dialysis technicians, community health workers and certified medication aides all fall under the Board of Nursing (OAC, 2017).  Topics such as education requirements, intravenous therapy rules, and delegation practices are all set forth by the board.

The board consists of thirteen members, eight of which are registered nurses. Two of these nurses must be APRNs and four must be LPNs. Additionally, there is a “consumer” member, who represents the interest of the public (ORC, 2017).

The board contains 3 advisory groups: continuing education, dialysis, and nursing education. Additionally, there is a committee on prescriptive governance and an advisory committee on advanced practice registered nursing (OAC, 2017).

The basics

Nurses practicing in Ohio must be aware of both the Ohio Administrative Code, OAC, and the Ohio Revised Code, ORC. The ORC consists of the laws passed by the Ohio legislature, while the OAC has the specific ways those rules are to be carried out at the recommendation of entities such as the Board of Nursing (BON).

To make a continuing education activity qualify for Category A credit, it must include specific information related to ORC and OAC 4723. The law states,
“…portion of continuing education that meets the one hour requirement directly related to Chapter 4723. of the Revised Code and the rules of the board as described in rule 4723-14-03 of the Administrative Code” (OAC, 2018).

Additionally, the activity must be approved by the board or an approved provider of continuing education in Ohio, such as Ohio Nurses Association.

 So, what else can the OBN do? (4723)

In addition to audits and investigations, the board also manages the issuance and revocation of nursing licensure. They decide who gets a license and who doesn’t.

If a complaint is filed, the board does have a due process that it needs to follow. With a few serious exceptions, a full investigation must be done before disciplinary action is taken against the nurse, such as license suspension or revocation. This investigational process involves a hearing, where the nurse can share his/her side of the story.

It is also important to note that the board must follow the law. The board can make clarifying rules (OAC), but they must align with the laws passed by the Ohio legislature (ORC).

Disciplinary action taken by the board is not one size fits all. There are varying levels of discipline. One that not all nurses and students are aware of is the board’s ability to deny taking the NCLEX (4723-7-02 OAC).

Per ORC 4823.28 (2017), the board can: “…deny, revoke, suspend, or place restrictions on any nursing license or dialysis technician certificate issued by the board; reprimand or otherwise discipline a holder of a nursing license or dialysis technician certificate; or impose a fine of not more than five hundred dollars per violation”.

4723.33 in the ORC explains that there is protection for the nurse filing a complaint against retaliatory action. Anyone who has a concern is encouraged to report it to the board and should feel comfortable doing so. The concern for patient safety is always a priority, as well as the protection of their rights.

What is Nursing?

The ORC defines the practice of nursing as, “…providing to individuals and groups nursing care requiring specialized knowledge, judgment, and skill derived from the principles of biological, physical, behavioral, social, and nursing sciences” (ORC, 2017).

In other words, nurses take care of people, in more ways than one. Nurses have specialized knowledge of many fields that are combined to provide holistic and effective care to all patients. With that knowledge comes a great responsibility, one that all nurses must take seriously.

Suggested Resources:

http://codes.ohio.gov/orc/4723

http://codes.ohio.gov/oac/4723

 

OAC 4723-4-06 (2017) states that nurses must “provide privacy during examination or treatment and in the care of personal of bodily needs”. It goes on to say that nurses must “treat each client with courtesy, respect and full recognition of dignity…”.

What is important to take away from this is that nurses must be mindful of what this means for each patient. Not everyone’s idea of modesty or even privacy is the same. There are cultural considerations that nurses and healthcare professionals may not even be aware of. While it is not always possible to accommodate every cultural practice or preference, for example in the event of an emergency, nurses should strive to understand what the patient’s comfort level is and how they can meet it.

In addition to providing competent and respectful care to all patients, nurses have a responsibility to ensure they are practicing safely to the best of their abilities.

Practice Issues

 Nurse Fatigue: Why It Matters

While the board’s goal is to protect the public, it has no authority over healthcare facilities or staffing issues. If a nurse is fatigued and makes an error, the board’s responsibility is to investigate it.

When nurses are exhausted and overworked, patient care and public health suffers. There is overwhelming evidence that nurse fatigue puts patients, nurses and the public at risk (Emergency Nurses Association [ENA], 2013). Fatigue, whether physical, mental or both, can cause delayed response time, impaired decision making, and negative health outcomes (Drake, Luna, Georges, & Steege, 2012). Claire Caruso, PhD, RN describes in her article for American Nurse Today (2012) that studies show that a person who has been awake for 17 hours or more has similar levels of performance to a person with alcohol intoxication

When you think of the job nurses are assigned to do, those three things do not fit in the equation. Patients need nurses with fast response times to emergent situations, top-notch decision making and critical thinking skills, and, obviously, positive health outcomes.

The ANA, American Nurses Association, issued several recommendations and a position statement on the issue. ANA recommends that the Registered Nurse have the right to decline or accept a work assignment or shift based on evaluation of their own fatigue (American Nurses Association [ANA], 2014). This should not be considered patient abandonment. Additionally, ANA advocates for a 40-hour work week, with no more than 12 hour shifts, and a ban on mandatory overtime (ANA, 2014).

Patient Safety and Patient Rights

Keeping patients safe and satisfied is not always an easy task.

Nurses must honor patient’s requests, even when they don’t agree. A common area of concern for nurses is when a patient refuses treatment or wishes to leave Against Medical Advice or “AMA”.  “Most of all, nurses can help by not perpetuating the concepts that AMA means you leave with nothing” (Barkley, 2014, para. 1).  The nurse’s role in AMA discharges is similar to their role in any other patient’s care.

The nurse is in a unique position to educate and advocate for their patient. It is the nurse’s role to support them even if we do not agree. All information should be provided unbiased, and all available options discussed. When a patient states they wish to sign out AMA, the nurse can use this opportunity to have an honest conversation. The nurse can ask why or what factors are driving the patient to this potentially dangerous decision. Sometimes, there are modifiable reasons or solutions that can be created in order to get the patient the safest care. Patients questioning or deciding to leave AMA still deserve the same education as any other patient.

As with all patient teaching, it should be documented in detail. Additionally, it is important to note how you as the nurse determined that the patient truly understands the information.

Interventions such as: any communication between the nurse and the physician, patient teaching, interventions made by the nurse, and resources contacted should all be documented. Documentation should be done real-time to avoid missing something. The use of quotes is especially useful in the case of refusal of care and/or AMA discharges.

Documenting something that happened earlier in the shift, or “back-charting”, is acceptable because it makes the documentation more thorough.

DOCUMENTATION DOs & DON’Ts

Do Example Don’t Example
Chart objective information Side rails up x2, fall risk sticker on the door, yellow non-skid footwear on. Patient education on preventing falls given. Patient verbalized understanding. Insert bias The patient is clearly making a bad choice by leaving AMA and does not seem to care about their health.
Utilize quotations when necessary “I will use the yellow socks you gave me before I get up to go to the bathroom”

“I want to leave the hospital. I understand the risks but I do not want a big bill.”

“… chart only what you – not what you infer or assume.” see, hear, feel, measure, and count”

Source: (American Society of Registered Nurses, 2008, para. 3)

 

Be judgmental The patient didn’t seem to understand what I said about preventing falls. I think she just doesn’t care about her safety.

 

 

Social Media

With social media rising in popularity, more people are using it now than ever before. Nurses must remain mindful of everything they post, share, and tweet.

According to the American Nurses Association’s position statements on social media: think before you post. Best practice is to treat everything you post as if your boss, employer, school, and/or patients will see it (American Nurses Association [ANA], 2011).

Even if the post or picture does not contain patient identifiable information, it may still be inappropriate for the professional nurse to post. While there is no current legislation in Ohio regarding the use of social media, the code of ethics for nurses still applies and the OAC standard for competent practice speaks to the need for nurses to uses social media wisely.

Ohio Administrative Code [OAC] 4723-4-03 Standards relating to competent practice as a registered nurse (2014).

“A registered nurse shall maintain the confidentiality of patient information. The registered nurse shall communicate patient information with other members of the health care team for health care purposes only, shall access patient information only for purposes of patient care, or for otherwise fulfilling the nurse’s assigned job responsibilities, and shall not disseminate patient information for purposes other than patient care, or for otherwise fulfilling the nurse’s assigned job responsibilities, through social media, texting, emailing or any other form of communication.

To the maximum extent feasible, identifiable patient health care information shall not be disclosed by a registered nurse unless the patient has consented to the disclosure of identifiable patient health care information. A registered nurse shall report individually identifiable patient information without written consent in limited circumstances only and in accordance with an authorized law, rule, or other recognized legal authority” (OAC, 2014).

“…a nurse shall not use social media, texting, emailing, or other forms of communication with, or about a patient, for non-health care purposes or for purposes other than fulfilling the nurse’s assigned job responsibilities” (OAC, 2014).

References

American Nurses Association. (2011). ANA’s principles for social networking and the nurse. Retrieved from https://www.nursingworld.org/~4af4f2/globalassets/docs/ana/ethics/social-networking.pdf

American Nurses Association. (2014). Addressing nurse fatigue to promote safety and health: Joint responsibilities of registered nurses and employers to reduce risks. Retrieved from https://www.nursingworld.org/~49de63/globalassets/practiceandpolicy/health-and-safety/nurse-fatigue-position-statement-final.pdf

American Society of Registered Nurses. (2008). Charting and documentation. Retrieved from https://www.asrn.org/journal-chronicle-nursing/341-charting-and-documentation.html

Barkley, M. (2014). Against medical advice. Journal of Trauma Nursing, 21(6), 314-318. https://doi.org/10.1097/JTN.0000000000000091.

Caruso, C. (2012). Better sleep: Antidote to on-the-job fatigue. American Nurse Today, 7(5). Retrieved from https://www.americannursetoday.com/better-sleep-antidote-to-on-the-job-fatigue/

Drake, D., Luna, M., Georges, J., & Steege, L. (2012). Hospital nurse force theory: A perspective of nurse fatigue and patient harm. Advances in Nursing Science, 35(4), 305-314. https://doi.org/10.1097/ANS.0b013e318271d104.

Dyrbye, L., Shanafelt, T., Sinsky, C., Cipriano, P., Bhatt, J., Ommaya, A., … Meyers, D. (2017). Burnout among health care professionals:A call to explore and address thisunderrecognized threat to safe, high-qualitycare. Retrieved from https://nam.edu/wp-content/uploads/2017/07/Burnout-Among-Health-Care-Professionals-A-Call-to-Explore-and-Address-This-Underrecognized-Threat.pdf

Emergency Nurses Association. (2013). Nurse fatigue. Retrieved from https://www.ena.org/docs/default-source/resource-library/practice-resources/white-papers/nurse-fatigue.pdf?sfvrsn=f28a91eb_8

Ohio Administrative Code. (OAC). 4723 Ohio board of nursing. Retrieved August 24, 2018 from http://codes.ohio.gov/oac/4723

Ohio Board of Nursing. (2017). The Ohio board of nursing. Retrieved August 24, 2018, from http://www.nursing.ohio.gov/Law_and_Rule.htm

Ohio Revised Code. (ORC). Chapter 4723 Nurses. Retrieved August 24, 2018 from http://codes.ohio.gov/orc/4723

 

Ohio Nursing Law & Rules – Current Issues in Practice

Contact Hours Awarded: 1.0 Contact Hours of Category A Ohio Nursing Law and Rules
ONA-18-10-122
  • Evaluation Were you able to achieve the following outcomes? Yes or No
  • This field is for validation purposes and should be left unchanged.

Combating Lateral Violence

DESCRIPTION

This independent study has been developed for nurses to learn more about the problem of lateral violence and identify strategies to decrease it in the workplace.

OUTCOME
The learner will identify at least one strategy you will implement to help decrease the incidence of lateral violence in nursing.

1.3 contact hours will be awarded for successful completion of this independent study.

This independent study was developed by: Barbara Brunt, MA, MN, RN-BC, NE-BC, FABC. The author and members of the planning committee have no conflict of interest.

DISCLAIMER

Information in this study is intended for educational purposes only. It is not intended to provide legal and/or medical advice.

The Ohio Nurses Association is accredited as a provider of continuing nursing education by the American Nurses Credentialing Center’s Commission on Accreditation (OBN-001-91).

Expires 11/2020

Buy Now – $18

Combating Lateral Violence – Post-Test and Evaluation

OUTCOME
The learner will identify at least one strategy you will implement to help decrease the incidence of lateral violence in nursing.

1.3 contact hours will be awarded for successful completion of this independent study.

This independent study was developed by: Barbara Brunt, MA, MN, RN-BC, NE-BC, FABC. The author and members of the planning committee have no conflict of interest.

DISCLAIMER

Information in this study is intended for educational purposes only. It is not intended to provide legal and/or medical advice.

The Ohio Nurses Association is accredited as a provider of continuing nursing education by the American Nurses Credentialing Center’s Commission on Accreditation (OBN-001-91).

Expires 11/2020
DIRECTIONS

1.   Please read carefully the below article “Combating Lateral Violence.”

2.   Complete and submit the post-test, evaluation form and the registration form.

The post-test will be reviewed. If a score of 70 percent or better is achieved, a certificate will be emailed to you. If a score of 70 percent is not achieved, a letter of notification of the final score and instructions on how to take second post-test will be sent to you. We recommend that this independent study be reviewed prior to taking the second post-test. If a score of 70 percent is achieved on the second post-test, a certificate will be issued.

If you have any questions, please contact the Ohio Nurses Association’s CE department at info@ce4nurses.org.

Combating Lateral Violence
By Barbara A. Brunt, MA, MN, RN-BC, NE-BC, FABC

Introduction

Lateral violence(LV) and bullying have been extensively reported and documented in the literature, yet this continues to be a problem in healthcare. This article will address current issues with the topic. The review of literature will focus on integrated reviews that highlight the extent of the problem and the impact on patient care. This is a problem that affects all types of nurses, and information on how this affects nursing students, newly graduated nurses, clinical nurses, change nurses, nurse educators, and nurse mangers will be shared. Current research studies on various aspects associated with LV will be reviewed, as well as instruments to measure LV. Finally, various strategies to combat LV will be shared.

There are many definitions relating to incivility, bullying, horizontal violence, and lateral violence. The definitions that will be used in this article are listed below:

Incivility is defined as “disrespectful, rude, or inconsiderate conduct” (Association for Perioperative Registered Nurses [AORN], 2015, p. 3).

Bullying is defined as “repeated, unwanted harmful actions intended to humiliate, offend, and cause distress in the recipient” (American Nurses Association [ANA], 2015, p. 3).

Horizontal Violence (HV) in nursing is defined as “hostile, aggressive, and harmful behavior by a nurse or a group of nurses toward a co-worker or group of nurses via attitudes, actions, words, and/or other behaviors” (Taylor, 2016, p. 1). This definition was chosen as it emphasizes it can initiated by or directed towards either a nurse or a group of nurses.

Lateral Violence (LV) describes behaviors intended to demean, undermine and/or belittle a targeted individual working at the same professional level (Sanner-Steihr & Ward-Smith, 2017). This article will use the term lateral violence to encompass the behaviors of incivility, bullying, and horizontal violence. However, the specific terms used by authors will be included with information about their findings.

Review of Literature
Lateral violence is a huge problem in nursing, and many authors have completed literature reviews that highlighted both the extent of the problem and common characteristics (Bambi et al., 2018; Pfeifer & Vessey, 2017; Roberts, 2015; Sidhu & Park, 2018; Wilson, 2016).

Bambi et al. (2018) reviewed 79 original papers to determine the prevalence and factors related to workplace incivility, lateral violence, and bullying among nurses. Some of the rates they found were very high – the overall percentage of workplace incivility ranged between 67.5 % and 90.4%, with workplace incivility among peers being higher than 75%. Workplace incivility had a high correlation with burnout, emotional exhaustion, absenteeism, cynicism, and poor job satisfaction. There was a much wider range in the reported prevalence of both lateral violence (from 1% to 87.45%) and the prevalence of bullying (from 2.4% to 82%). The authors concluded that workplace incivility, lateral violence, and bullying are widespread in the nursing profession, and that the consequences can be serious for the victims and the organization. Prevention must become a priority.

In a study specific to bullying and LV in Magnet™ organizations, Pfeifer and Vessey (2017) completed a review of 11 articles and found this problem continues to exist and remain a large issue even in Magnet™ settings. It has been postulated that because Magnet™ organizations promote a culture of collegiality and teamwork, they also reduce the occurrence of disruptive behaviors. Their review found prevalence rates of 27.3% to 84.8% for staff nurses. One study found that Magnet™ nurses reported significantly less nursing hostility than non-Magnet nurses, but 48.7 % of Magnet nurses still indicated that they experienced it either daily or weekly. They coded four overarching management themes from the articles, which focused on:
a. Policy development and implementation
b. Education and training
c. Surveillance and reporting
d. Accountability

Given the detrimental nature of LV, it is essential that nurses collaborate to create an organizational culture based upon shared respect and collegiality. By working together, leaders can help to establish a just culture – where nurses feel supported, psychologically safe, and are able to provide high-quality patient care.

Roberts (2015) reviewed 30 years of research on LV in nursing. The most commonly cited theoretical explanation for LV was based on the oppressed group behavior theory described by Freire in 1971. Although there have been many recommendations to change the cycle of LV, Roberts only found two intervention studies in the literature. One focused on a team-building intervention and the other discussed an orientation program encouraging new nurses to use cognitive rehearsal (pre-scripted responses) to shield from LV. The literature verified that LV, bullying, and incivility exist within the nursing workforce. These problems are directly related to patient safety concerns, lack of job satisfaction, and decreased retention. Better clarification of these concepts and their etiology is needed for interventions to be planned, executed, and evaluated. Leadership and empowerment of nurses were necessary to decrease disruptive behaviors.

Nursing students’ curriculum was the focus on an integrated review by Sidhu & Park (2018). They reviewed 61 articles to examine the concept informing educational interventions, skills, and strategies that addressed the bullying of nursing students. Concepts identified included empowerment, socialization support, self-awareness, awareness about bullying, collaboration, communication, and self-efficacy, which all linked to empowerment. Active teaching methods that gave students opportunities to practice skills were the most effective. The authors identified seven specific strategies educators could use to empower nursing students and address bullying on an individual and organizational level.

Wilson (2016) completed a review of 28 articles in the literature on bullying. He concluded that an average of 20-25% of nurses in a range of countries report that they have experienced bullying behavior in their work setting. Common behaviors identified were being humiliated, having information withheld needed to perform their work, and being given unreasonable targets and deadlines to meet. The main impact was psychological distress, depression, and a negative impact on patient care. The authors concluded there needs to be a zero-tolerance attitude and prompt action for colleagues and managers to combat and eradicate bullying behaviors.

Several nursing organizations have developed position statements or toolkits to address this issue. ANA published a position statement on incivility, bullying, and workplace violence, outlining specific responsibilities for both registered nurses and employers (ANA, 2015). AORN published a position statement on a healthy perioperative practice environment, noting that disruptive behaviors such as incivility, bullying, and LV interfere with interprofessional and intraprofessional cooperation and partnerships (AORN, 2015). The American Organization of Nurse Executives and Emergency Nurses Association developed guiding principles and a toolkit to mitigate violence in the workplace (Chappell, 2015). The Joint Commission (TJC) issued a quick safety advisory titled “Bullying has no place in health care” (TJC, 2016) and a sentinel event alert on physical and verbal violence against health care workers (TJC, 2018).

Lachman (2014) noted that disruptive behaviors are a violation of the Code of Ethics for Nurses. The first three provisions explain the fundamental values and commitments of the nurse. Provision one requires that the nurse practices with compassion and respect for the inherent dignity, worth, and unique attributes of every person. Provision 1.5 deals with the relationships with colleagues and others. The principle of respect for persons extends to all individuals with whom the nurse interacts. The nurse maintains compassionate and caring relationships with colleagues and others with a commitment to fair treatment of individuals. Clearly this prohibits nurses from engaging in LV. Collaboration requires mutual trust, recognition and response among the health care team, shared decision making about patient care and open dialogue among all parties. The ANA Code of Ethics provides a guide for quality care and ethical obligations in professional nursing practice in today’s healthcare environment (Brunt, 2016).

Specific groups affected by LV
All groups are affected by LV and much has been written about specific groups. This next section will summarize findings relating to the various groups. General information on observers and enactors will be shared, followed by information related to nursing students, newly graduated nurses, clinical nurses, charge nurses, nurse educators, and managers.

MacCurtain and colleagues (2017) examined bystander responses to bullying and actions that influenced decisions to intervene. Their findings came from an analysis of 2,979 responses from nurses in Ireland. The most pervasive reaction to witnessing incidents of bullying was to discuss it with colleagues. They suggested psychological safety (feeling secure and safe to task risks within the team or organization) influenced bystanders’ perception of safety and influenced their response. Bystanders play a critical role in finding a solution to workplace bullying. Bystander action alerts the perpetrator to their action and others’ reaction to it, creating a potential social pressure (or formal sanctions) to change behaviors. They concluded peer, supervisory, and organizational safety and support are important factors in determining whether the bystander would stand back or step in.

Researchers have suggested that HV may be so integrated in the nursing culture that individual nurses do not recognize it when they witness or experience it. Taylor (2016) studied nurses’ perceptions of HV and identified five themes. These were:
1. Behaviors are minimized and not recognized
2. Fear inhibits all reporting
3. Avoidance and isolation are coping strategies
4. Lack of respect and support
5. Organizational chaos

The findings suggested that interventions must address a range of factors that perpetrate HV within the nursing work environment and consider the complexity of this phenomenon.

After the initial research study, Taylor and Taylor (2017) postulated that nurses do not recognize HV when they witness or experience it and identified an alternative approach to address this issue as part of a qualitative research study on enactors of horizontal violence. Observation, document review, and semi-structured interviews in two inpatient hospital units were conducted in 2012, which identified three distinct types of enactors of HV. These were the pathological bully, the self-justified bully, and the unprofessional co-worker. They found that the unprofessional co-worker was the most frequent type and found those behaviors in every period of observation lasting more than a couple hours. Behaviors included eye-rolling, gossiping, face-making and shouting or using a condescending tone of voice. Nurses socialized to accept these behaviors as part of the job may not recognize them as aggressive. They indicated resources should be redirected towards addressing some of these lower-level behaviors and developing instruments to measure these enactor types.

Experiences with LV do not begin once an individual becomes a nurse but start in nursing education programs. Bowllan (2015) and Courtney-Pratt and colleagues (2017) described nursing students’ experiences with bullying. Bullying impacts students’ self-esteem, ability to learn, and capacity to positively socialize to the profession of nursing. Prevalence varied from 44% to over 95%. Perpetrators included clinicians, facilitators, academic educators and fellow students. This undermined students’ confidence and perception of competence and led them to question their career choice. Strategies identified by nursing students to cope with or manage the bullying included avoidance, trying to “just survive,” as well as seeking support from trusted academic staff, family and friends. Courtney-Pratt and colleagues (2017) concluded that reporting structures and support strategies need to be reexamined and resilience training is imperative. Additional interventions identified by Bowllan (2015) included assisting students with insight into the prevalence and nature of bullying behaviors, teaching coping skills to deal with these, providing opportunities for students to discuss the impact of bullying, and performing self-reflective exercises to enhance awareness about their personal and professional value systems. Furst (2018) explored nursing students’ experience with LV and its impact on career choice satisfaction and found a significant negative correlation between experiences of LV and career choice satisfaction.

Two authors described specific educational interventions to help nursing students deal with this problem. Gillespie et al. (2017) described the development of a multicomponent, multiyear educational program for nursing students. It included the following components:
1. A 25-slide web-based voiceover presentation intended to be viewed annually by all junior and senior nursing students as part of their annual mandatory training.
2. A 10-slide, classroom-based guided assessment for junior students during the fall semester.
3. A practicum-based debriefing guide to be used by faculty members teaching junior or senior level nursing clinical practice.
4. A classroom-based role play simulation developed for fall semester senior level nursing students.

Responses from students and faculty involved in the pilot program indicated the need to incorporate the program into additional nursing courses beginning during the sophomore year of the curriculum.

Palumbo (2018) studied incivility in nursing education and proposed using an e-learning module that was developed to help educate nursing students on how to recognize incivil behaviors within themselves, as well as others, and ways to combat it. Using a pretest/posttest model, results showed the nursing students obtained increased self-efficacy in their ability to define, direct, and combat actions. Incivility and ways to intervene were presented using voice-over slides, video scenarios, and embedded quizzes. Students were provided example of incivility in numerous formats including written, verbal and non-verbal forms and were provided with a code of conduct. This module could serve as a model and template for schools of nursing to help provide effective education and help in the eradication of academic incivility for future generations of nurses.

Numerous studies on LV with newly licensed nurses across the globe have been published. Studies from Iran, South Korea, Canada, and the United States addressed this problem. Ebrahimi et al. (2017) explored the Iranian nurses’ use of LV against newly graduated nurses through a qualitative study. They identified four categories of violence during their analysis: psychological violence, verbal violence, physical violence, and source of violence. In their study they interviewed experienced nurses who themselves committed workplace violence or witnessed it against newly graduated nurses. Recommendations included preparation of nurses for supporting newly graduated nurses, training newly graduated nurses how to deal with LV, holding sessions with nurses and newly graduate nurses, ensuring access to support and evaluation of behaviors of staff toward them by leaders, and identifying and resolving causes of violence such as staff shortages, and improper management.

Other authors (Rush, Adamack, Gordon, & Janke, 2014) focused on transition programs to support new graduates. They examined the relationships between access to support, workplace bullying and new graduate nurse transition within the context of new graduate transition programs. As part of a mixed-methods study, 245 new Canadian graduates completed an online survey approximately one year after starting employment as a registered nurse (RN). In this study 39% of the respondents indicated they experienced bullying or harassment and indicated the greatest need for support was at 1-3 months. The authors found that participation in a formal transition program improved access to support and transition for bullied graduate nurses and suggested these programs include bullying prevention strategies as well as education/training for preceptors, unit staff, and mentors to ensure they understood how to be a helpful resource for new graduate nurses.

New nurse retention was the focus of two articles. Chang and Cho (2016) examined the relationship between workplace violence and job outcomes and Weaver (2013) studied the effects of HV and bullying on new nurse retention. Chang and Cho defined workplace violence to include physical, verbal, sexual and emotional abuse. They reported on the first phase on a longitudinal study tracking RNs for 3 years. Almost 60% of the 312 respondents indicated experiences with verbal abuse and over 25% of the respondents had experienced bullying behaviors. Job satisfaction, burnout, commitment to the workplace, and intent to leave were the job outcomes measured. Verbal abuse and bullying were found to have a strong negative association with job outcomes. Their study suggested that improving workplace safety by managing workplace violence could significantly affect the job outcomes of newly licensed nurses.

Weaver (2013) examined the effects of HV and bullying on newly graduated nurses and described potential strategies to break the chain of violence. The consequences of interpersonal violence included financial loss for hospitals and negative psychosocial effect and poor retention of new graduate nurses. To combat this problem individual nurses and healthcare organizations need to develop appropriate interventions. Education and mentoring may help but ultimately it is the responsibility of the individual to police his or her actions and refrain from participating in interpersonal conflict. For issues of HV to be eliminated, individuals must be willing to report incidences, so they can be addressed. Zero-tolerance policies can prevent bullying and HV but must be enforced to be effective.

As noted in the literature, LV is pervasive among all nurses, and numerous authors have studied this among clinical nurses. Zhang et al. (2017) studied 3,865 nurses from 28 hospitals in China and found that verbal abuse was the most prevalent form of violence at 61.25%. They found that nurse who have less experience, work a rotating roster, work in emergency or pediatric departments, have low empathy levels, and who work in poor nursing environments have greater odds of experiencing violence. They suggested that nurse leaders provide or enhance support for clinical nurses.

Myers et al. (2016) explored 126 clinical nurses’ experiences with HV in three diverse non-affiliated organizations within the United States. Respondents identified HV at all organizational levels, including individual, group/unit, supervisory/administrative, and institutional. The authors identified solutions to HV, including education/training, having/showing respect, being accountable, communicating appropriate behaviors, and intervening as necessary. Nurse managers need to continue to address HV by using a variety of known tactics, as well as adopting new evidence-based interventions as they are identified. In addition, they concluded that professional nursing organizations should continue to disseminate antibullying messages.

Predictors of nurses’ experience of verbal abuse was studied by Keller, Krainovich-Miller, Budin, and Djukic (2018). They examined individual, workplace, dispositional, contextual, and interpersonal predictors of RNs’ reported experiences of verbal abuse from RN colleagues in a secondary analysis of a larger research study. Their sample of 1,208 nurses in this study found significant predictors of RNs’ experience of verbal abuse by RN colleagues in all categories. One individual (marital status), three workplace characteristics (setting, schedule, and role), as well as one dispositional (negative affectivity), one contextual (organizational constraint) and two interpersonal factors (distributive justice and workgroup cohesion) were significant predictors of RN’s experience of verbal abuse by RN colleagues. They concluded that leaders, in collaboration with clinical nurses, might consider practice approaches to remove organizational constraints and increase group cohesiveness.

One multi-intervention strategy to minimize HV in the acute care setting for clinical nurses was described by Parker et al. (2016). Evidence-based interventions to create a nurse-led culture to address HV included policies, behavioral performance reviews, and staff/manager educational programs. They implemented organizational, leadership, and individual interventions, beginning with an educational program involving unit and departmental council leaders to share knowledge and raise awareness of the dynamics and prevalence of HV among staff and to develop a plan to minimize HV at the unit level. The Force of Excellence Day Away retreat was attended by unit-based Magnet™ champions, leaders of unit councils (staff nurses, unit managers and nursing directors), nursing professional development practitioners, and the Chief Nursing Officer. Individuals who attended the retreat were expected to take the information back to their home unit. To sustain the initiative, the nursing shared governance structure allowed for ongoing discussion and incorporation of tips, adjustments and best practices. At the organization level, there was top-down, bottom-up commitment to zero tolerance of HV and clear performance expectations to ensure sustainability. Individuals were encouraged to use the phrase “Remember the Promise” as universal messaging to hold peers accountable and curtail negative behavior.

Another group affected by HV is charge nurses. Longo, Cassidy, and Sherman (2016) collected data from a convenience sample of 366 charge nurses and found they also regularly experienced HV. As nurse manager administrative responsibilities have expanded, they depend on charge nurses to assume responsibility for quality outcomes and to help meet the increasing number of organizational performance measures. As a result, the charge nurse has a strong influence on the health of the work environment and the quality of care provided in patient care areas. The most frequent type of HV experienced by charge nurses was inappropriate emotional and verbal behaviors from other nurses. To properly address HV, charge nurses need to be empowered. Education and administrative support are essential elements needed by the charge nurse. Longo et al. (2016) concluded a shared organizational vision for a healthier work environment would contribute to the quality and safety of patient care.

Nurse educators can help combat LV in both the educational and clinical setting. Sanner-Steir and Ward-Smith (2017) conducted a review of the literature to determine the potential for nursing faculty to change the cycle of lateral violence. From their review, they recommended three main strategies for nursing faculty to use to reduce incidence of LV and help students manage this phenomenon. First, curricular content should address integrating LV content into simulation experiences and facilitating that knowledge into clinical experiences. Second, codes of conduct should guide behavior for both students and faculty. Finally, as role models, faculty should be aware of their own behaviors, role modeling respectful communication, facilitating a courteous academic environment, and developing nurses capable of identifying and appropriately responding to LV. These same strategies can be used by nursing professional development (NPD) practitioners in the clinical setting.

In another study, Sanner-Steihr (2018) explored the impact of a cognitive rehearsal intervention of nursing students’ self-efficacy to respond effectively to disruptive behaviors. A total of 129 nursing students enrolled in their final academic year participated in this study. Data were collected immediately prior to and following the education, and again at three months. Measures of self-efficacy and knowledge remained significantly increased three months after the intervention compared to pre-test. She concluded cognitive rehearsal interventions can increase self-efficacy to respond to disruptive behaviors with sustained effects up to three months later. Her findings confirm the need for educators to provide response strategy education in curricula.

Managers play an important role in holding staff accountable for LV behaviors and several authors examined various factors related to leadership style, as well as specific interventions. Kaiser (2017) examined the impact of leadership styles on the reported rates of nurse-to-nurse incivility.
There were 237 participants defined as “staff nurses” who participated in this study. Transformational leadership style had the strongest correlation with low levels of incivility. Staff input and leaders/staff teamwork also influenced staff incivility. Although their data found an association between leader behaviors and the levels of incivility among nurses, there is no clear indication that leadership style directly relates to the levels of incivility among nurses. Rather, data indicate that leadership behaviors such as staff empowerment and relational factors can be a vehicle to positively impact nurse-to-nurse relationships.

Olender (2017) looked at the relationship between, and factors influencing, staff nurse perceptions of nurse manager caring (NMC). She assessed 156 staff nurses self-report of NMC and their exposure to negative acts. As staff nurses’ perceptions of NMC increased, their perception of exposure to bullying significantly decreased. Her study highlighted the importance of caring leadership to reduce exposure to bullying behaviors. The data lend support to the idea of educating nurse managers relating the application of caring behaviors to support staff at the point of care.

Instead of looking at manager characteristics, Skarbek and colleagues (2015) examined which manager interventions were deemed to be effective and what environmental characteristics cultivated a healthy, caring work environment. This qualitative study identified four themes: (a) awareness, (b) scope of the problem, (c) quality of performance, and (d) healthy, caring environment. Findings indicated mandated antibullying programs were not as effective as individual manager interventions. Systems must be in place to hold individuals accountable for their behavior. Communication, collective support, and teamwork are essential to create environments that lead to the delivery of safe optimum patient care.

Research Studies on Factors Associated with LV
This next section will outline some research studies on various results associated with HV, such as intent to help, intent to leave, psychological distress, teamwork, job satisfaction, med errors, and impact on nurses’ health.

Baez-Leon and colleagues (2016) explored factors influencing intention to help and helping behavior in witnesses of bullying in nursing settings. Three hundred and thirty-seven witnesses completed self-report measures of variables predicting intention to help and helping behavior. There was a large amount of evidence from research on bullying that suggested that witnesses can greatly influence both the onset and development of bullying. Five measures were developed to examine several variables that might function as predictors of intention to help and helping behavior. These were guilt, tension, identification with the work group, support to peers’ initiative to intervene, and absence of fear retaliation. Participants reported intention to help was propelled by feelings of tension, group identify, support to peer’s initiative and absence of fear or retaliation. Helping behavior, however, was only driven by the absence of fear of retaliation. Fear of retaliation seems to be a factor preventing witnesses from acting to help victims, and this should be taken into consideration when designing and implementing policies against bullying.

Intent to leave due to perceptions of HV in staff nurses was studied by Armmer and Ball (2015). A random sample of 104 registered nurses from a Midwestern hospital completed a demographic information form, the Briles’ Sabotage Savvy Questionnaire (BSSQ) and the Michigan Organizational Assessment Questionnaire (MAOQ). Correlations indicated a significant positive relationship between perceptions of HV and intent to leave. Results also indicated the longer nurses were employed the more likely they were to perceive themselves as victims of HV. Younger nurses indicated more willingness to leave a position due to perceived HV than older nurses. Strategies to address to impact of HV are needed. Workplace strategies could include mentoring, ongoing assessment of organizational climate, and zero tolerance for HV.

Berry et al. (2016) reported phase one study results examining the relationship of psychological distress and workplace bullying (WPB). The study was designed to determine the differences in perceived stress, anxiety state, and posttraumatic stress symptoms using workplace bullying exposure levels and select nurse characteristics. Participants completed the Negative Acts Questionnaire (NAQ), a Perceived Stress Scale, a state anxiety scale, a Posttraumatic Stress Disorder Checklist (PCL-C), and a demographic questionnaire. Almost one-third of the respondents in this study reported WPB behaviors at least twice weekly, with almost 60% feeling targeted and unable to defend themselves. WPB was linked to stress, anxiety, and posttraumatic stress symptoms unrelated to the demographic characteristics. Nurse leaders need to coach nurses on professional expectations to address WPB behaviors.

The impact of teamwork on WPB was studied by Logan and Malone (2017). In this study 128 nurses in two hospitals completed three surveys: attitude about team work survey, team characteristics survey, and negative intention questionnaire. Nearly all respondents agreed or strongly agreed that a team approach is an effective method for providing patient care, that the team approach results in better care, that communication is essential, and that each member needs to spend time and energy to make the team work. Thirty-one percent of the respondents reported experiencing WPB in the 6 months preceding the survey. They found the presence of team characteristics such as leadership, communication, cooperation, balanced participation, and conflict resolution related to low levels of bullying. Nurse managers can promote effective teams and reduce bullying by designing and implementing relevant policy and training.

The mediating role of peer relationships between HV and job satisfaction was described by Purpora and Blegen (2015), in addition to the association between nurse and work characteristics and job satisfaction. An anonymous four-part survey of a random sample of 175 RNs in California provided the data. A statistically significant negative relationship was found between HV and peer relationships and job satisfaction and a statistically significant positive relationship was found between peer relationships and job satisfaction. Data suggest that peer relationship can attenuate the negative relationship between HV and job satisfaction. The authors concluded that leaders should consider peer relationships as an important factor when considering effective interventions that foster hospital nurses’ job satisfaction in the presence of HV.

The impact of LV and bullying on patient care has been a topic of numerous studies. Wright and Khatri (2015) looked at the relationship with psychological/behavioral responses of nurses and medical errors in relation to bullying behaviors. They compared three types of bullying (person-related, work-related, and physically intimidating) with the outcomes of psychological/behavioral responses and medical errors. Health care organizations need to reduce negative components that impact nurses’ job performance and their mental and physical health. The sample included 241 participants who completed the Negative Act Questionnaire-Revised, and outcomes were measured with a modified version of Rosentein and O’Daniel’s job performance scale. Person-related bullying showed a significant positive relationship with both psychological/behavioral responses and medical errors, while work-related bullying showed a significant positive relationship with only psychological/behavioral responses. Physically intimidating bullying did not show a significant relationship to either outcome. Health care organizations should identify bullying behaviors and implement bullying prevention strategies to reduce these behaviors and the adverse effects they have on outcomes.

Sauer and McCoy (2017) examined the impact of bullying on nurses’ health. Their sample of 345 nurses licensed in one state completed questionnaires on demographics, bullying, physical and mental health, stress, and resilience. In this sample 40 % of nurses were bullied, and a higher incidence of bullying was associated with lower physical health scores and lower mental health scores. Nurses who were bullied had significantly higher stress scores and significantly lower resilience scores. This can decrease the nurses’ quality of life and impede their ability to deliver safe, effective patient care.

The effect on patient care and patient safety was furthered described in an integrative review by Houck and Colbert (2017). They examined 11 studies that made an association between perceived WPB and patient safety. Seven themes were identified that harmed patients or posed a risk to patients, which were: 1) patient falls, 2) errors in treatment or medication, 3) delayed care, 4), adverse event or patient mortality, 5) altered thinking or concentration, 6) silence or inhibits communication, and 7) patient satisfaction or patient complaints. The results of these studies indicated that WPB in the work environment jeopardized patient safety. Participants perceived WPB as a threat to safety in 9 of the 11 studies. It is crucial to understand the association between WPB and patient safety so that effective policies and interventions can be developed that support a change in the culture of healthcare to one that is respectful of all individuals.

Purpora and Blegen (2012) developed a conceptual model to illustrate how the quality and safety of patient care could be affected by HV. In their model peer communication is hypothesized as one of many important contributions to protecting patients from harm and is positively related to the quality and safety of patient care. Safety needs and psychological noise provide the link between HV and peer communication. Using safety needs and psychological noise to link them, the proposition is that HV is negatively related to peer communication; that is, as HV increases, peer communication decreases. This model was supported in a study conducted by Purpora, Blegen, and Stotts (2015). HV was inversely related to peer relations and quality of care, and positively related to errors and adverse events. Including peer relations in the analyses altered the relationship between HV and quality of care but not between HV, errors, and adverse effects. Supportive peer relationships were important to mitigate the impact of HV on quality of care.

Instruments
The most common instruments used to measure LV in nursing are the Negative Acts Questionnaire-Revised developed by Einarsen, Hoel, and Notelaers (2009), the Horizontal Violence Scale (Longo & Newman, 2014) and Lateral Violence in Nursing Survey (Nemeth et al., 2017).

The NAQ-R is an instrument designed to measure nurses’ perceptions about the prevalence of HV in their workplace. This 22-item scale asked nurses how frequently they had experienced negative behaviors such as “being exposed to an unmanageable workload” or “being humiliated or ridiculed in connection with your work” within the six months prior to survey completion. Response choices ranged from 1 (never) to 5 (daily). Overall scores were summed with a total possible score ranging from 22 to 110. The higher the score, the more often nurses experienced negative acts in their workplace.

The Horizontal Violence Scale (HVS) is a 23-item 4-point Likert scale used to determine the existence and extent of HV in practice settings. It can be used to augment the study of the work environment, especially in relation to healthy work environments. Longo and Newman (2014) described the development and psychometric testing of this scale, including content validity, construct validity, and results of the testing of the instrument.

Nemeth et al. (2017) described the development and validation of the Lateral Violence in Nursing Survey (LVNS). The LVNS is a 23-item survey focusing on the prevalence and seriousness of LV, causes and other aspects of LV within the workplace. This could provide leaders with an evidence-based tool to assist with retention and developing a positive unit tone. The LVNS can be used to validate the prevalence and seriousness of LV on a nursing unit or within an entire nursing service.

Strategies to Combat Lateral Violence
The next section will review specific strategies identified to deal with LV. There has been a plethora of literature addressing ways to deal with this issue.

Castronovo, Pullizzi and Evans (2016) proposed a unique solution to deal with nurse bullying behaviors in the workplace. They believe to resolve the problem of nurse bullying the solution must include an incentive for institutions to implement the necessary interventions and to ensure they are effective. Currently the Hospital Consumer Assessment of Healthcare Providers and Systems (HCAHPS) has a survey which measures patients’ perceptions of hospital care. The authors proposed a national standardized measurement tool be developed and implemented pertaining to the level of nurse bullying and that it be factored into the calculation of the value-based incentive payment in the Hospital Value-Based Purchasing program. A survey like the HCAHPS could be developed to measure nurses’ perspectives of workplace bullying. They further proposed that the outcome of the surveys be made available to the public as an added feature on the Hospital Compare website, which is currently used with respect to HCAHPS.

One of the strategies proposed by Egues and Leinung (2013) included education. Workshops, evaluated through pretests/posttests and written evaluation, revealed increased knowledge about concepts of LV and their application to the workplace, recognition of LV, and methods of dealing with LV in nursing. Other strategies included conscientiously and consistently role modeling exemplary behaviors, engaging in personal self-reflection, drafting policies for prevention and reporting, working as a team, and taking care of oneself. Changes to address and strategize against LV must be supported.

Cognitive rehearsal as an intervention against incivility and LV has been discussed by several authors. Dr Griffin first described it as an intervention in 2004 and updated the literature and reviewed the use of cognitive rehearsal as an evidence-based strategy ten years later (Griffin & Cark, 2014). She defined cognitive rehearsal as a behavioral technique consisting of three parts:
 Participating in didactic instruction about incivility and LV
 Identifying and rehearsing specific phrases to address incivility and LV
 Practicing the phrases to become adept at using them

The use of this strategy has been replicated in subsequent studies and found to be an effective way to prepare nurses to identify and address incidents of LV. Cognitive rehearsal can take on various forms. For example, the TaemSTEPPS approach (Agency for Healthcare Research and Quality, 2014) is a communication tool designed for healthcare professionals which provides an evidence-based framework to improve patient safety within healthcare organizations. CUS, an acronym for Concerned, Uncomfortable, and Safety is one communication structure provided by Team STEPPS. This can be adapted for cognitive rehearsal by the following response: “I am Concerned about the tone of this interaction. I am Uncomfortable and beginning to feel stressed. I’m worried that my discomfort and stress may impact the Safety of our patients. Please address me in a respectful way.” (Griffin & Clark, 2014, p. 7).

Koh (2016) also addressed the use of cognitive rehearsal as a strategy to manage WPB. He completed a literature review of 9 articles published from 2005 to 2015 and suggested that cognitive rehearsal scripted responses empowered nurses with knowledge and confidence to manage workplace violence. He found it to be an effective individual tool for enabling individuals to protect themselves against workplace violence.
Effective policies are required to deal with bullying behaviors. Johnson (2015) focused on policy development based on suggestions from research and practice to craft effective anti-bullying policies. She suggested including representatives from the various groups who will be affected by the policies, to allow them an opportunity to comment to provide buy-in. Successful policies are clear and concise, and contain the following elements: an introduction, an outline of the roles and responsibilities of organizational members in workplace bullying management, and the actions that employees and managers can take in response to workplace bullying. Policies are only effective if members of the organization are aware of them and utilize them. Support for policies needs to come from all levels of administration, and education needs to recur frequently.

Keller, Budin, & Allie (2016) described how a task force to address bullying was used to implement an antibullying program. Nursing leadership at a Magnet™-designated academic medical center identified bullying as a priority that needed to be addressed, since the current policy and anonymous hotline for reporting behaviors were not effective. Twenty staff nurses and nurse leaders across the organization volunteered to join the group. They surveyed nurses with the NAQ-R to assess the current state. Results were consistent with findings from other studies. Results were shared with staff and an educational module was developed to put on the hospital’s online learning platform. They developed a “BE NICE” Champion Program. This acronym stood for:
 Bullying
 Elimination
 Nursing
 In a
 Caring
 Environment

The purpose of the program was to provide participants with the tools needed to identify signs of bullying, support peers, and ultimately eliminate bullying in the workplace. This 3 to 4-hour, face-to-face program, led by task force members, included presentation, demonstrations, role-playing, and opportunity for practice. The bullying intervention strategy used was called the 4Ss: stand by, support, speak up, sequester. Two one-hour follow-up sessions were held six months after the initial program to allow champions to discuss their experiences and to assist the task force in prioritizing future directions. The author concluded that although adoption of positions statements and standards of practice has helped health care organizations better address bullying in the workplace, a bullying task force can further foster a healthy and caring work environment.

Using simulation to teach responses to LV was outlined by Sanner-Stiehr (2017). Simulation provided an effective platform for delivering education. Objectives reflected restoring respectful communication and ensuring delivery of safe patient care, which are ultimately compromised when LV occurs. Simulations designed to teach LV response strategies can be presented as stand-alone scenarios or integrated into existing patient care simulations. Debriefing, which allows time for the participants to reflect on their experience, remained the most important step in the process. This allowed participants to apply response strategies learned in the simulation to similar situations. This is a strategy that can be used in nursing education programs, as well as programs for clinical staff.

Taylor and Taylor (2018) indicated that efforts to address HV have not proven effective to date. Context is recognized as a contributing factor, and they suggested moving the focus away from the individual and investigating systems contributions to use existing quality improvement (QI) frameworks. Framing HV as a quality improvement concern meant treating all instances of HV and related behaviors as QI incidents. This requires that all staff have the following:
1. Awareness of HV and the ability to identify interpersonal interactions that have negative personal and/or organizational consequences as potential QI incidents.
2. The analytic tools and skills to conduct root cause analysis of these incidents, and
3. The ability to act based on the root cause analysis including development of interpersonal and intrapersonal skills to address perpetrator, victim/target, and audience/bystander roles, and the ability to identify systems failures contributing to unnecessary workarounds and stress.

They concluded framing HV and related behaviors as a QI concern would allow institutions to use existing QI framework and work within an existing QI culture.

Bartholomew (2014) outlined several best practices to eliminate HV. These included nurturing our young, awareness and prevention, managerial response, organizational opportunities, and individual responses. Education should start in nursing schools and continue with nurse residency programs. Awareness is the key to prevention for all staff members. Managers need to hold staff accountable, being persistence and consistent with their responses. Organizations need a coordinated approach to this issue. Enacting a twofold model (i.e. increasing a healthy environment while simultaneously decreasing hostility) is the most effective approach that managers can take to enact change at the organizational level. Individual nurses need to assess the role they play in ending or perpetuating HV and take an active role in addressing instances of HV.

All of us as nurses need to be aware of the problems related to LV and implement strategies as individuals and in our practice settings to combat this problem. The incidence is not decreasing, despite numerous studies and strategies to combat it. Lateral violence is detrimental to patient safety and should not be allows to continue. This is a serious problem and it is imperative that the profession addresses this problem. Nurses, individually and collectively, must enhance their knowledge and skills in managing conflicts and promote workplace policies to eliminate LV.

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Sanner-Stiehr, E., & Ward-Smith, P. (2017). Lateral violence in nursing: Implications and strategies for nurse educators. Journal of Professional Nursing, 33(2), 113-118. http://dx.doi.org/10.1016/profnurs2016.08.007.

Sauer, P. A., & McCoy, T. P. (2017). Nurse bullying: Impact on nurses’ health. Western Journal of Nursing Research, 39(12), 1533-1546. Doi: 10.1177/0193945916681278.

Sidhu, S. & Park, T. (2018). Nursing curriculum and bullying: An integrative literature review. Nurse Education Today, 65, 169-176. https://doi.org/10/1016/j.nedt.2018.03.005.

Skarbek, A. J., Johnson, S., & Dawson, C. M. (2015). A phenomenological study of nurse manager interventions related to workplace bullying. The Journal of Nursing Administration, 45(10), 492- 297. Doi: 10.1097/NNA.0000000000000240.

Taylor, R. (2016). Nurses’ perceptions of horizontal violence. Global Qualitative Nursing Research, 3, 1-9. Doi: 10.1177/2333393616641002.

Taylor, R. A. & Taylor S. S. (2017). Enactors of horizontal violence: The pathological bully, the self- justified bully and the unprofessional co-worker. Journal of Advanced Nursing, 73, 3111-3118. Doi: 10.1111/jan.13382.

Taylor, R. A. & Taylor, S. (2018). Reframing and addressing horizontal violence as a workplace quality improvement concern. Nursing Forum, 1-7. https://doi.org/10.1111/nuf.12273.

The Joint Commission. (April 17, 2018). Physical and verbal violence against health care workers. Sentinel Event Alert, 59.

The Joint Commission. (June, 2016). Bullying has no place in health care. Quick Safety, 24.

Weaver, K. B. (2013). The effects of horizontal violence and bullying on new nurse retention. Journal for
Nurses in Nursing Professional Development, 29(3), 138-143.
Doi: 10.1097/NND.0b013e318291c453.

Wilson, J. L. (2016). An exploration of bullying behaviours in nursing: A review of the literature. British Journal of Nursing, 25(6), 303-306.

Wright, W. & Khatri, N. (2015). Bullying among nursing staff: Relationship with psychological/behavioral responses of nurses and medical errors. Health Care Management Review, 40(2), 139-147.
Doi: 10.1097/HMR.000000000000015.
Zhang, L., Wang, A., Xie, X., Zhou, Y., Li, J., Yang, L., & Zhang, J. (2017). Workplace violence against nurses: A cross sectional study. International Journal of Nursing Studies, 72, 8-14.
http://dx.doi.org/10.1016/j.ijnurst.2017.04.002

Combatting Lateral Violence

Contact Hours Awarded: 1.3 Contact Hours
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Ohio Nursing Law and Rules: The Basics That Every Nurse Needs to Know

DESCRIPTION

This independent study has been developed for nurses who are new to Ohio and who must complete two contact hours of continuing education on Ohio Law and rules in order to be eligible for licensure by endorsement.

OUTCOME

The nurse will have an increased knowledge of Ohio Nursing Law and Rules as it pertains to their practice.

2.0 contact hours of Nursing Law and Rules (Category A) will be awarded for successful completion of this independent study. Criteria for successful completion includes reading the content, passing a post test with a score of 80% and submission of an evaluation form. 

This independent study was developed by: Jan Lanier, JD,RN. This study was reviewed and updated by Jessica Dzubak, MSN, RN.

There is no conflict of interest among anyone with the ability to control content of this activity.

DISCLAIMER

Information in this study is intended for educational purposes only. It is not intended to provide legal and/or medical advice.

The Ohio Nurses Association is accredited as a provider of continuing nursing education by the American Nurses Credentialing Center’s Commission on Accreditation (OBN-001-91).

Expires 5/1/2021

Buy Now – $20

Ohio Nursing Law and Rules: The Basics Every Nurse Needs to Know – Post-Test and Evaluation

DESCRIPTION

This independent study has been developed for nurses who are new to Ohio and who must complete two contact hours of continuing education on Ohio Law and rules in order to be eligible for licensure by endorsement.

OUTCOME

The nurse will have an increased knowledge of Ohio Nursing Law and Rules as it pertains to their practice.

2.0 contact hours of Nursing Law and Rules (Category A) will be awarded for successful completion of this independent study.

This independent study was developed by: Jan Lanier, JD,RN. This study was reviewed and updated by Jessica Dzubak, MSN, RN.

There is no conflict of interest among anyone with the ability to control content of this activity.

DISCLAIMER

Information in this study is intended for educational purposes only. It is not intended to provide legal and/or medical advice.

The Ohio Nurses Association is accredited as a provider of continuing nursing education by the American Nurses Credentialing Center’s Commission on Accreditation (OBN-001-91).

Expires 5/1/2021
DIRECTIONS

The post-test will be reviewed. If a score of 70 percent or better is achieved, a certificate will be sent to you. If a score of 70 percent is not achieved, a letter of notification of the final score and a second post-test will be sent to you. We recommend that this independent study be reviewed prior to taking the second post-test. If a score of 70 percent is achieved on the second post-test, a certificate will be issued.

If you have any questions, please contact the Ohio Nurses Association’s CE department at info@ce4nurses.org.

STUDY

This independent study is intended for the nurse who is new to Ohio who must complete two hours of continuing education on Ohio laws and rules in order to be eligible for licensure by endorsement.  (Rule 4723-7-05 (B)(4) Oh Adm. Code).  It will also provide any nurse who is practicing in Ohio a refresher course on key laws and rules regulating nursing practice.  It begins with information about the Board of Nursing, its make-up and responsibilities; and then focuses on laws and administrative rules that are likely to affect a nurse’s daily practice.

Nurses are responsible for knowing the law and rules of the state in which they are practicing.  While there may be similarities from state-to-state there are also key differences.  In addition, laws and rules change frequently and some of those changes may be significant.  So while every effort is made to ensure this study includes the most current information, if you have questions be sure to check the laws and rules via the Board of Nursing web site (www.nursing.ohio.gov).

Board of Nursing in Ohio

The Board of Nursing (Board) is a public body whose sole purpose is to protect the public, in part by ensuring its licensees and certificate holders are at least minimally competent to practice and by taking action when a licensee poses a threat to public safety.  Part of the executive branch of government, the Board’s 13 members are appointed by the governor to serve a four-year term, and they may be re-appointed for one additional term.  The eight registered nurses (RNs), two of whom must be advanced practice registered nurses (APRNs)[1]; four licensed practical nurses (LPNs); and one consumer member are charged with issuing licenses to qualified individuals, approving pre-licensure nursing education and other training programs, and taking disciplinary action when a licensee violates Section 4723.28 Ohio Revised Code (ORC). The Board meetings (held at the Board office in Columbus in January, March, May, July, September and November) are open to the public.  Meeting materials are posted on the Board’s web site immediately prior to each meeting along with specific meeting dates and times.  The 13-member Board appoints the executive director, and the executive director then names additional staff members who carry out the directives of the appointed Board members. (Section 4723.05 ORC).

The Board has authority over only the individuals it regulates.  As the largest regulatory board in the state, the Board has jurisdiction over 280,000 individuals.  That includes RNs, LPNs, APRNs, dialysis technicians, community health workers, and medication aides.  Not on that list are medical assistants, state-tested nurse aides, patient care technicians or associates, physician assistants, hospitals, nursing homes, clinics etc.

In addition to having specific responsibilities defined by the Nurse Practice Act (also known as Chapter 4723 of the Revised Code or the law regulating nursing practice) the Board also has rule making authority relative to its statutory responsibilities.  Rules of the Board can be found in Chapters 4723-1 through 4723-27 of the Ohio Administrative Code (OAC). The Board is charged with enforcing the laws enacted by the Ohio General Assembly that affect nurses and nursing practice.  Typically, the law (found in the Revised Code) sets out what is required, while the rules (found in the Administrative Code) are more detailed and describe how the requirements are met.  The rules must be consistent with the law, and once adopted the rules have the force and effect of law.  Therefore, nurses must be aware of both the law and the rules in order to make sure their practice is in keeping with all legal requirements.

TAKE AWAYS

√    The Board of Nursing was established to protect the public.

√    Laws regulating nursing practice differ from state to state.

√    The law enacted by the General Assembly is often less detailed than rules adopted by the Board of Nursing. The law tells nurses what they must do. The rules explain how the legal requirements are to be met.

√    The Ohio Board of Nursing regulates RNs, LPNs, APRNs, dialysis technicians, community health workers, and medication aides.

√      Information about the Board and Ohio nursing laws and rules can be found at the Board’s website: www.nursing.ohio.gov.

Licensing competent individuals

Requirements for licensure

In order to engage in the activities that comprise the practice of nursing in Ohio one must hold a current valid Ohio license.  (Section 4723.03 ORC).  (More about those activities later in this study).  The law in Ohio does not differentiate as to whether the individual is engaged in nursing practice for compensation or without compensation.  In other words, an individual who volunteers to provide care that would constitute the practice of nursing in Ohio may do so ONLY if holding a current valid Ohio license (unless the individual meets one of the exceptions set out in Section 4723.32 (ORC) described more fully below).

An initial license to practice nursing in Ohio may be obtained by examination or endorsement.  A license by examination is awarded to an individual who has never been licensed to practice as a nurse in any state and who has completed an approved pre-licensure nursing education program and received a passing score on the NCLEX-RN or NCLEX-PN ® examination.  The applicant must also complete a criminal records check.  (Rule 4723-7-02 OAC).  An individual who holds a current valid license to practice nursing in another state or jurisdiction may apply for licensure by endorsement.  That applicant must also complete a criminal records check.  (Rule 4723-7-05 OAC).  A nurse may be licensed simultaneously in multiple states but must meet each state’s renewal requirements to ensure that the license is considered current and valid in that location.  Only in certain circumstances (described more fully below) may a nurse who is licensed in another state engage in nursing practice in Ohio based on valid licensure held elsewhere.

An APRN license is awarded to an RN who has earned a graduate degree in a nursing specialty or related field that qualifies the individual to sit for the certification examination of a national certifying organization accepted by the Board, and who has successfully passed that certification examination.

A license is valid for a defined period of time—generally two years depending upon when the initial license is issued.  For LPNs the license must be renewed in the even-numbered years and for RNs (including APRNs) renewal is in the odd-numbered years.  Effective in 2016, licenses expire as of November 1st of the renewal year.  Renewal applications must be submitted to the Board by September 15th.  Failure to do so will subject the licensee to a late fee of $50 in addition to the renewal fee of $65 for an RN or LPN license.  APRNs must hold both an RN and APRN license. The fee for renewing the APRN license that includes prescriptive authority is $135.  The fee for initial licensure by examination or endorsement is $75 for RNs and LPNs and $150 for APRNs.   Licensure fees are set in statute (Section 4723.08 (ORC) and therefore can be changed only through legislative action.  Regulatory boards in Ohio must generate sufficient revenue to be financially self-sustaining.  That means fees collected by the Board are the sole source of revenue used to support its activities.  No taxpayer dollars are allocated.

The Board will send out a license renewal notice via the U.S. mail to remind nurses that renewal begins July 1st and to provide them the information needed to access the online renewal process.  These notices will be sent to the licensee’s last known address; and for security reasons, the notice will not be forwarded should the licensee no longer live at that address.  It is important, therefore, for nurses to keep the Board apprised of address changes.  In fact every licensee is required to give the Board written notice of a change of name or address within 30 days of the change. (Section 4723.24(B) ORC). Failure to do so could result in licensees not receiving critical information from the Board.

Licensure exceptions—Section 4723.32 ORC

Not surprisingly, with every law there are also exceptions or exemptions.  Ohio allows individuals to engage in nursing practice without an Ohio license in the following circumstances:

  • Students enrolled in and actively pursuing completion of a nursing education program, including graduate degree programs if:
    • The program is located in Ohio and approved by the Board or by another board in a jurisdiction that is a member of the National Council of State Boards of Nursing;
    • The student is acting under the auspices of the program; and
    • The student is under the supervision of an RN faculty member.
  • Individuals rendering medical assistance to licensed physicians, dentists, or podiatrists if the individual is under the direction, supervision, and control of the licensed physician, dentist, or podiatrist.
  • Individuals employed as nursing aides, attendants, orderlies, or other auxiliary workers in patient homes, hospitals, home health agencies, or similar institutions.
  • Individuals providing care to family members or in emergency situations.
  • Individuals caring for the sick when doing so in connection with the practice of religious tenets of any church by or for its members.

Section 4723.32 ORC.

These exemptions may seem broad, but all associated restrictions or limitations must be met before the exemption applies.  For example, a nursing student is allowed to engage in activities reserved to licensed nurses, such as medication administration, ONLY if the student is doing so as part of an educational program’s clinical experience.  Students who work in a health care setting outside of that nursing education program framework are considered unlicensed persons and may engage only in activities that any other unlicensed persons may perform.

Ohio also recognizes that individuals holding current valid licenses to practice nursing in a state other than Ohio may engage in certain activities in Ohio without an Ohio license.  Those activities include:

  • Discharging official duties while employed by or under contract with the United States government.
  • Transporting a patient into or out of Ohio as long as each trip does not exceed 72 hours.
  • Consulting with an individual in Ohio who is licensed to practice a health-related profession.
  • Teaching as a guest lecturer at a nursing education program, nursing continuing education, or in-services.
  • Evaluating nursing care on behalf of an accrediting organization.
  • Providing nursing care to someone who is in Ohio on a temporary basis not to exceed six months in a calendar year if the nurse is directly employed by or under contract with a person acting on the patient’s behalf.
  • Providing nursing care during an officially declared disaster.

Section 4723.32 ORC

The exemptions are intended to strike a balance so that licensure requirements do not hamper legitimate activities while still ensuring the public is protected from unsafe nursing practices.  It is important for nurses going to another state to engage in nursing practice to check that state’s licensure requirements to avoid unexpected challenges, pitfalls, and possible criminal prosecution.

Ohio law does not provide an exemption or exception from licensure for nurses practicing electronically across state lines.  Should a licensed nurse located in a state other than Ohio engage in activities that would be considered the practice of nursing in Ohio for a patient located in Ohio, the nurse would need to hold an Ohio license.  While some states have enacted the multi-state licensure compact that allows nurses in those states to practice in other compact states on a single license, Ohio is not part of the compact.

The Board has no jurisdiction or authority over unlicensed individuals who engage in nursing practice or who hold themselves out as nurses.   The only recourse the Board has is to submit its findings to a county prosecutor for possible criminal prosecution for engaging in the unauthorized practice of nursing, which is a felony.

TAKE AWAYS:

√    If practicing nursing in Ohio, an individual must be licensed by the Board to do so even if the nurse is activing in a volunteer capacity.

√    Licenses must be renewed every two years – LPNs in even-numbered years; RNs, including APRNs, in odd-numbered years.

√    Exemptions to the licensure requirement exist, but they have specific criteria, all of which must be met for the exemption to apply.

√    A state’s licensure exemptions will vary so a nurse should check a state’s practice act before engaging in practice there, even on a temporary basis. To find a link to boards of nursing in other jurisdictions, go to: www.ncsbn.org.

Protected titles

In addition to authorizing the holder to engage in the practice of nursing, the license also entitles the holder to use the titles protected under Ohio law.  Those titles include licensed practical nurse (LPN), registered nurse (RN) advanced practice registered nurse (APRN), APRN-CRNA (for a certified registered nurse anesthetist) APRN-CNS ( for a clinical nurse specialist)  APRN-CNP (for a certified nurse practitioner) and APRN-CNM (for a certified nurse midwife).  In addition, individuals may not use any other title that implies the person is authorized to practice nursing.  Examples include but are not limited to graduate nurse (GN) or trained nurse (TN). (Sections 4723.03 & 4723.44 ORC).  Using a protected title without a nursing license is a felony of the 5th degree for the first offense and a felony of the 4th degree for each subsequent offense. An RN, LPN, or APRN who uses the protected title when holding a lapsed or inactive license is guilty of a minor misdemeanor, which is a criminal offense and could lead to other disciplinary action by the Board.  (Section 4723.99 ORC).  A nurse whose license is on inactive status or has lapsed may not use the protected titles.

License preclusion

Not everyone who applies for a license to practice nursing in Ohio is eligible to receive one.   An individual who has been convicted of, pleaded guilty to, or had a judicial finding of guilt to specific criminal offenses are totally precluded from licensure in the state.   Those offenses include: aggravated murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual battery, gross sexual imposition, aggravated arson, aggravated robbery, and aggravated burglary.  (Section 4723.092 ORC).  Individuals seeking an Ohio license who have been convicted or had a judicial finding of guilt relative to criminal offenses other than the ones noted above may or may not be granted a license.  In these cases, the Board will consider the circumstances surrounding the offense and will decide whether the potential licensee poses any danger to the public.  If the Board members decide to issue a license it may include restrictions that limit the job locations or positions the nurse may hold.

TAKE AWAYS

√    ONLY an individual hold a current, valid Ohio license may use the titles protected under Ohio law. Those titles include LPN, RN, and APRN. A nurse whose license has lapsed or is on inactive status may not use the licensure title.

√    An individual without a valid Ohio License to practice nursing may not use any title that leads the public to believe the individual is a nurse.

√    Engaging in the unauthorized practice of nursing is a criminal offense.

√    Licensees must notify the Board of Nursing in writing within 30 days of a change of name or address. Failure to do so could mean the nurse will not receive renewal notices or other important information from the Board.

Defining nursing practice—Scope of Practice

Because the unauthorized practice of nursing is a criminal offense, it is important for the law to define that practice so the public has notice of what is prohibited and nurses know what their license authorizes them to do.  The definition section (4723.01 ORC) of the law regulating nursing practice contains what is commonly referred to as the nurse’s “scope of practice”.  Each state defines nursing practice, but the definitions may vary from state to state.  There is no national scope of practice.  For that reason, it is important to be familiar with each state’s requirements.  Generally, the RN’s scope is more consistent between states than are the scopes of practice for LPNs and APRNs.

Because RNs, LPNs, and APRNs frequently work together, it is important to be aware of the scopes of practice for each.  It is also important to know that employers may restrict what nurses may do in their particular workplace but may not expand the legal scope of practice.  That means, for example, Ohio restricts the activities LPNs may engage in with respect to intravenous (IV) therapy.  An employer may adopt a policy that prohibits LPNs from administering any IV medications, but it may not adopt a policy that expands the LPNs’ authority in that regard beyond what is allowed by law.

Many nurses would like to have their practice more clearly defined, perhaps identifying in law specific tasks or activities that they may perform.  While that may appear to be a way to eliminate or minimize scope of practice questions, it would not allow nurses to adapt to the ever-changing technology and other advances that characterize health care today. Revisions to scope of practice language must be enacted by the legislature, which can be a long process fraught with many pitfalls and often, significant opposition.  For that reason, the definitions of practice for licensed nurses are purposefully non task-specific.

The current scope of practice for both RNs and LPNs in Ohio was defined in large part in 1988.  Before that revision, nursing practice was defined as anything nurses learned in a nursing education program.  The 1953 definition was severely limiting nursing practice so the changes made in 1988 were intended to allow more flexibility.  At that time, however, some influential interest groups believed nurses were trying to infringe on the practice of medicine so much of the definitional language adopted by the legislature reflects compromises that allowed certain emerging concepts to become part of the law.  For example, nursing diagnosis, health assessment, and nursing regimen were controversial concepts so they were defined using terminology that distinguishes the nurse’s role from that of the physician relative to these activities.

It is important that RNs understand the scope of practice for LPNs and the legal relationship between RNs and LPNs created by the scope language set out in the law.  An RN may be directing the LPN’s practice; however, directing is NOT the same as delegating.  The differences are subtle and will be discussed later in this study.

Scope of practice:  RNs

In Ohio, the practice of nursing by RNs includes five independent functions that a nurse may engage in without specific orders or directions to do so.  These activities are inherent expectations of all RNs regardless of practice location or specialty.  The independent functions include:

  • Identifying patterns of human responses to actual or potential health problems amenable to a nursing regimen;
  • Executing a nursing regimen through the selection, performance, management, and evaluation of nursing actions;
  • Assessing health status for the purpose of providing nursing care;
  • Providing health counseling and health teaching; and
  • Teaching, administering, supervising, delegating, and evaluating nursing practice

(Section 4723.01 (B) ORC)

The law goes on to define “nursing regimen” as preventative, restorative, and health promotion activities. (Section 4723.01(C) ORC).  “Assessing health status” means the collection of data through nursing assessment techniques which may include interviews, observation, and physical evaluation for purposes of providing nursing care (Section 4723.01 (D) ORC). Note the repeated use of the word “nursing” throughout the scope of practice language to make clear the individual is not engaging in the practice of medicine.  In fact, RNs and LPNs are explicitly prohibited from engaging in medical diagnosing, the prescription of medical measures and the practice of medicine or surgery or any of its branches.  (Section 4723.151 ORC).   The prohibition found in Section 4723.151 ORC does not apply to APRNs who are acting within their scope of practice.

The only dependent component of RN practice is administering medications, treatments, and executing certain medical regimens.  These activities must be authorized (ordered) by individuals authorized to practice in Ohio who are acting within their professional practice. (Section 4723.01 (B)(5) ORC).  In other words, a registered nurse may not administer medication without a valid order from an authorized individual to do so.  RNs may not prescribe, which means a medication order must be specific with respect to dosage, indications for administering the drug, time, and route of administration.  Failure to heed this limitation could result in a charge of practicing medicine without a license.

Scope of practice: LPNs

The scope of practice for LPNs includes no independent functions or activities.  An LPN must practice under the direction of a registered nurse, physician, physician assistant, dentist, podiatrist, optometrist, or chiropractor.  (Section 4723.01 (F) ORC).  “Direction” does not mean over-the-shoulder supervision. Rather, there must be someone who is communicating or has communicated a plan of care to the LPN. (Rule 4723-4-02 (B)(6) OAC). The LPN contributes to the development of the plan of care but cannot independently develop or revise it.

Nursing care provided by LPNs includes:

  • Observation, patient teaching, and care in a diversity of health care settings;
  • Contributions to the planning, implementation, and evaluation of nursing;
  • Administering medications and treatments authorized (ordered) by an individual who is authorized to practice in Ohio who is acting within their professional practice provided the LPN has successfully completed a course in basic pharmacology either in a pre-licensure education program approved by the Board or a post licensure basic pharmacology course approved by the Board (Section 4723.17 ORC);
  • Administering to an adult appropriately authorized IV therapy within the requirements set forth in Section 4723.18 ORC (described more fully below);
  • Delegating nursing tasks as directed by a registered nurse. Note: if the LPN is being directed by a non-nurse, the LPN may not delegate nursing tasks; and
  • Teaching nursing tasks to LPNs and individuals to whom the LPN is authorized to delegate nursing tasks.

(Section 4723.01 (F) ORC)The Board through its rules specifies that RNs and LPNs apply the nursing process when engaging in practice.  The process is cyclical and the nurse’s action should respond to the patient’s changing care needs.  An RN is expected to use clinical judgment in establishing and revising the patient’s nursing plan of care (Rule 4723-4-07 OAC) while LPNs contribute to the care plan, they may not act independently to develop or change it.

LPNs and IV therapy

LPNs in Ohio have very specific requirements and limitations they must adhere to with respect to IV therapy.  In order to be authorized to engage in any of the allowable activities the LPN must have completed a course in IV therapy that includes 40 hours of training approved by the Board.  The curriculum must include the anatomy and physiology of the cardiovascular system, signs and symptoms of local and systemic complications in administering IV fluids and antibiotic additives and guidelines for management of these complications.  The course must also include a testing component.

When the LPN is providing IV therapy at the direction of an RN the RN must be readily available at the site where the IV therapy will be done, and the RN must personally perform an on-site assessment of the patient who will receive the IV therapy.  LPNs my provide IV therapy only to an adult.

(Section 4723.18 ORC).

LPNs may NOT do the following with respect to IV therapy:

  • Initiate or maintain blood or blood products;
  • Initiate or maintain solutions for total parenteral nutrition;
  • Initiate or maintain cancer therapeutic medications including but not limited to chemotherapy and anti-neoplastic agents;
  • Initiate or maintain solutions administered through any central venous line or arterial line or any other line that does not terminate in a peripheral vein,
    • except that a licensed practical nurse may maintain the following solutions—dextrose 5%, normal saline, lactated ringers, sodium chloride .45%, sodium chloride 0.2 %, sterile water;
  • Administer any new investigational or experimental drug;
  • Initiate intravenous therapy in any vein, except in a vein of the hand, forearm, or antecubital fossa;
  • Discontinue a central venous, arterial, or any other line that does not terminate in a peripheral vein;
  • Initiate or discontinue a peripherally inserted central catheter;
  • Mix, prepare, or reconstitute any medication for intravenous therapy,
    • except an antibiotic additive;
  • Administer medication via the intravenous route, including all of the following activities:
    • Adding medication to an intravenous solution or to an existing infusion,
      • except the following:
        • Initiate an intravenous infusion containing one or more of the following elements: dextrose 5%, normal saline, lactated ringers, sodium chloride .45%, sodium chloride 0.2 %, sterile water;
        • Hang subsequent containers of the intravenous solutions specified above that contain vitamins or electrolytes, if a registered nurse initiated the infusion of that same intravenous solution;
        • Initiate or maintain an intravenous infusion containing an antibiotic additive;
      • Injecting medication via a direct intravenous route,
        • except heparin or normal saline to flush an intermittent infusion device or heparin lock including, but not limited to, bolus or push;
      • Change tubing on any line including, but not limited to, an arterial line or a central venous line,
        • except tubing on an intravenous line that terminates in a peripheral vein; and
      • Program or set any function of a patient controlled infusion pump.

(Section 4723.18 ORC).

To summarize that can be very confusing language, LPNs who have completed the required IV therapy course may do the following for an adult patient:

  • Change tubing on an IV line that terminates in a peripheral vein;
  • Inject IV heparin or normal saline to flush an intermittent infusion device or heparin lock including bolus or push;
  • Initiate an IV infusion containing one or more of the following dextrose 5%, normal saline, lactated ringers, sodium chloride .45%, sodium chloride 0.2%, and sterile water;
  • Hang subsequent containers of the above IV solutions that contain vitamins or electrolytes if an RN initiated the infusion of that same IV solution;
  • Initiate or maintain an IV infusion containing an antibiotic additive;
  • Use only the veins of the hand, forearm, or antecubital fossa when performing IV therapy;
  • Maintain an IV administered through any central venous or arterial line of the following solutions dextrose 5%, normal saline, lactated ringers, sodium chloride .45%, sodium chloride 0.2%, and sterile water.

“Maintain” is defined as administering or regulating an IV according to the prescribed flow rate (Rule 4723-17-01 (E) OAC).  An “adult” is defined as anyone who is 18 years of age or older.  (Rule 4723-17-01 (A) OAC).

LPNs who have NOT successfully completed the required IV therapy course may do the following regardless of the patient’s age:

  • Verify the type of peripheral intravenous solution being administered;
  • Examine a peripheral infusion site and the extremity for possible infiltration;
  • Regulate a peripheral intravenous infusion according to the prescribed flow rate;
  • Discontinue a peripheral intravenous device at the appropriate time; and
  • Perform routine dressing changes at the insertion site of a peripheral venous or arterial infusion, peripherally inserted central catheter infusion, or central venous pressure subclavian infusion. (Section 4723.181 ORC).

 TAKE AWAYS – LPNs & IV Therapy

LPNs who complete the required IV therapy course may for adults only: LPNs who have not completed the IV therapy course may regardless of the patient’s age:
Change tubing on an IV line that terminates in a peripheral vein Verify the type of peripheral IV solution being administered
Inject IV heparin or normal saline to flush an intermittent infusion device or heparin lock including bolus or push Examine a peripheral IV site and the extremity for possible infiltration
Initiate an IV infusion containing one or more of the following: dextrose 5%, normal saline, lactated ringers, sodium chloride .45%, sodium chloride 0.2%, and sterile water Regulate a peripheral IV infusion according to the prescribed flow rate
Hang subsequent containers of the above IV solutions that contain vitamins or electrolytes if an RN initiated an IV of the same solution Discontinue a peripheral IV device at the appropriate time
Initiate or maintain an IV infusion containing an antibiotic additive Perform routine dressing changes at the insertion site of a peripheral venous or arterial infusion, peripherally inserted central catheter infusion, or central venous pressure subclavian infusion
Use only the veins of the hand, forearm, or antecubital fossa when performing IV therapy
Maintain an IV administered through any central venous or arterial line of the following solutions: dextrose 5%, normal saline, lactated ringers, sodium chloride .45%, sodium chloride 0.2%, and sterile water.


Scope of practice: APRN’s

With the passage of HB 216 by the legislature in late 2016, several significant changes were enacted that affect the APRN scope of practice.  While the law continues to define APRNs as including CRNAs, CNPs, CNMs and CNSs, nurse anesthetists have significant differences from other APRNs with respect to their authorized activities.  Most notably, CRNAs do NOT have prescriptive authority and practice with physician supervision.  All other APRNs have prescriptive authority and practice in collaboration with a physician pursuant to a standard care arrangement.

The legislation also eliminated the requirement that newly licensed APRN prescribers complete an externship before obtaining a certificate to prescribe (CTP).  As April 4, 2017 the Board will issue an APRN license (rather than a certificate of authority or COA) that includes prescriptive authority.[2]

The scope of practice for all APRN specialty designations recognizes that advance practice requires knowledge and skill gained from advanced formal education, training, and clinical experience. (Section 4723.01(P) ORC). Specific scope of practice language for each APRN designation can be found in Section 4723.43 ORC.

  • Practice as a CNM includes:
    • Management of preventive services and primary care services to women antepartally, intrapartally, postpartally, and gynecologically;
    • Performing episiotomies and repairing vaginal tears.
    • A CNM may not perform version, deliver breach or facial presentations, use forceps, do any obstetrical operation or treat an abnormal condition except in an emergency. (Section 4723.43 (A) ORC).
  • Practice as a CRNA includes:
    • Administering anesthesia induction, maintenance, and emersion in the immediate presence of a physician, dentist, or podiatrist;
    • Pre-anesthesia preparation and evaluation, post anesthesia care and clinical support functions under the supervision of a physician, dentist or podiatrist.
    • The CRNA who is supervised by a dentist or podiatrist may perform only the anesthesia procedures the dentist is authorized to perform and may not administer general anesthesia in a podiatrist’s office. (Section 4723.43(B) ORC).
  • Practice as a CNP includes:
    • Prevention and primary care services;
    • Services for acute illnesses; and
    • Evaluation and promotion of patient wellness.
    • If collaborating with a podiatrist, the CNP is limited to procedures the podiatrist is authorized to perform. (Section 4723.43 (C) ORC).
  • Practice as a CNS includes:
    • Providing and managing care of individuals and groups with complex health care problems;
    • Providing health care services that promote and manage health care.
    • If collaborating with a podiatrist, the CNS is limited to procedures the podiatrist is authorized to perform. (Section 4723.43 (D) ORC).

Protecting the public in an evolving health care system

Nursing care is not static.  As technology evolves, care that may have once been considered the practice of medicine may be seen as appropriately within a nurse’s scope.  The Board recognizes the inevitability of change, and through its rules establishes factors that must be considered before a nurse provides care that is beyond basic preparation.   The nurse must:

  • Obtain education from a recognized body of knowledge;
  • Demonstrate the knowledge, skills, and ability to provide the care; and
  • Document completion of both the required education and demonstration of skills needed to safely provide the care.

The care in question must not be prohibited by any other law or rule and there must be an appropriate order to perform the tasks associated with the care.  (Rules 4723-4-03 and 4723-4-04 OAC).  An order does not, however, authorize a nurse to act outside his/her legal scope of practice.  That means an RN or LPN may not perform a surgical procedure or diagnose a medical condition even if a physician orders him/her to do so.

Because the Board’s focus is solely on public safety, it is concerned about the competency of the individuals it licenses both initially and on an ongoing basis.  In addition to knowing their scope of practice, nurses are expected to be competent practitioners of nursing.  Competent practice includes maintaining current knowledge of duties, responsibilities and accountability as well as consistent performance of all aspects of care.  This expectation is particularly important when a nurse is considering whether to engage in or perform a specific task, procedure, or activity.   The nurse must have both the knowledge needed to consistently perform the task, procedure, or activity safely and be able to recognize complications should they arise.   The nurse must also have the ability to refer or consult and provide appropriate intervention to address the complications.   (Rules 4723-4-03 (C) & 4723-4-04 (C) OAC.  Often it is the latter factor, dealing appropriately with complications, that is the most crucial issue to be considered when determining whether to engage in a particular activity.

TAKE AWAYS

√    There is no national scope of practice for nurses. Each state defines nursing practice and those definitions are the scope of a nurse’s practice when he/she is practicing in that state.

√    RNS have 5 independent activities they are allowed to engage in without need for a specific order to do so. Administering medications and performing medical treatments, however, are dependent functions and require a valid order for both RNs and LPNs.

√    LPN always must work at the direction of a physician, dentist, optometrist, podiatrist, chiropractor, registered nurse, or a physician assistant.

√    APRNs (other than CRNAs) working pursuant to the scope of practice for their particular specialty designation may diagnose and prescribe. CRNAs do not have prescriptive authority in Ohio.

√    Simply because a task or activity is within a nurse’s legal scope of practice is not enough. The nurse must also have the knowledge, skills and ability to safely perform the task in the clinical setting in which it will be performed. Safe practice means knowing how to do the task correctly and having the means to recognize complications when they arise and appropriately respond to those complications.

Delegation and Direction

Delegation

The scope of practice for nurses recognizes that delegation of certain aspects of nursing care is an independent function for RNs, and LPNs may delegate nursing tasks but only at the direction of an RN.  The Board adopted a series of rules setting out standards nurses must use when delegating these activities.  (Chapter 4723-13 OAC).  Delegation is defined as the “transfer of responsibility for performance of a selected nursing task from a licensed nurse authorized to perform the task to an individual who is not so authorized.” (Rule 4723-13-01(B) OAC). A nursing task is defined as those activities that constitute the practice of nursing including assistance with activities of daily living that are performed to maintain or improve the patient’s well-being when the patient is unable to perform that activity for him or herself.  (Rule 4723-13-01(I) OAC).  While nurses may delegate a task, that action does not absolve them of responsibility with respect to the patient’s overall care needs.  The nurse must make sure the task is performed as delegated and take action if it is not in order to make certain the patient’s safety is maintained and care needs are met.

The rules addressing delegation do not include a list of activities or tasks that can always be delegated because no task is always delegable.  Whether to delegate a task is left to the nurse’s clinical judgment based on the complexity of the task, the patient’s health status, the skill of the unlicensed person who will perform the task, and the availability of necessary resources and supervision.  (Rule 4723-13-05 OAC).  For a task to be delegable certain criteria must be met.  Those criteria include:

  • The task requires no judgment based on nursing knowledge and expertise;
  • The results of the task are reasonably predictable;
  • The task can be performed safely according to exact unchanging directions with no need to alter the standard procedures for performing the task;
  • Performance does not require repeated nursing assessments; and
  • The consequences of incorrectly performing the task are minimal and not life threatening.

Rule 4723-13-05 (D)(6) OAC.

Given the stringent criteria for defining a delegable task, the administration of medication is not generally considered delegable.  There are exceptions, however, that allow delegation to occur.  Nurses may delegate:

  • Over-the-counter topical medications applied to intact skin to improve a skin condition or provide a barrier; and
  • Over-the-counter eye drops, ear drops, suppositories, foot soak treatments and enemas.

Rule 4723-13-05 (C) OAC

An APRN may delegate medication administration to an unlicensed person if:

  • The drug is one the APRN may prescribe; and
  • The drug is not to be administered in a hospital inpatient care unit, a hospital emergency department, a free-standing emergency department, or an ambulatory surgical facility.

Section 4723.489 ORC

Ohio law explicitly authorizes unlicensed assistive personnel to administer medications in certain specific settings, for example public schools.  If a school district has established a policy that authorizes unlicensed individuals to administer medications, no nurse delegation is needed.  (Section 3313. 713 ORC).  Within specific developmental disability care sites the law allows certain medications to be administered without delegation while others require nurse delegation.  (Sections 5123.4 et. seq. ORC and Rules 5123:2-6-01 to 5123: -6-07 OAC).  If delegation is required, the nurse must act in accordance with the requirements and limitations set out in Chapter 4723-13 OAC. (Rule 4723-13-02 OAC).

Additionally, Ohio law recognizes “assistance with self administration of medications” when the activity occurs in a facility where the substantial purpose of the setting is not the provision of health care.  An unlicensed person acting without delegation may:

  • Remind the individual when to take the medication & observe to ensure the medication is taken according to directions on the container;
  • Bring the medication in its container to the individual, and if the individual is physically unable to do so, open the container; and
  • Remove the oral or topical medication from the container and if the individual is physically impaired place a dose of medication in another container and place that container to the mouth of the individual. (Rule 4723-13-02 OAC)

When a licensed nurse delegates a task, the nurse must supervise the performance of the task.  Supervision does not mean over-the-shoulder observation.  Rather it means initial and ongoing procedural guidance and evaluation.  Adequate communication regarding the nurse’s expectations is critical to successful, safe delegation.

If the substantial purpose of the setting in which the delegation is occurring is the provision of health care services, the supervision must be on-site.  However, if the purpose of the setting is other than the provision of health care, the supervision may be indirect, but the nurse must always be accessible electronically.  When not required to be on site, several factors must be considered by the nurse when making a decision regarding delegation.  Those factors include:

  • The number of individuals needing nursing care and their health status;
  • The types and number of nursing tasks being delegated; and
  • The continuity, dependability, and reliability of the unlicensed individual.

If the license nurse is responsible for more than one site, the distance and accessibility of each setting and any unusual problems that may be encountered must also be considered, as must the availability of emergency aid if needed.

Rule 4723-13-07 OAC.

Direction

LPNs work at the direction of RNs, which means the RN communicates a plan of care to the LPN.  (Rule 4723-4-01 (B) (6) OAC).   When directing an LPN the RN must assess:

  • The condition of the patient, including the patient’s stability;
  • The type of care the patient requires;
  • The complexity and frequency of the nursing care needed; and
  • The training, skill, and ability of the LPN being directed.

Rule 4723-4-03 (K) OAC

TAKE AWAYS

√    The scope of practice recognizes that delegation is an independent function for RNs.

√    LPNs may delegate to an unlicensed person and must delegate according to standards established by the Board. A physician, dentist, podiatrist, chiropractor, optometrist, and physician assistant may not direct the LPN to delegate nursing care. Only the RN may do so.

√    The delegating nurse remains responsible for the overall outcome when a task is performed by an unlicensed person.

√    Medication administration is not, typically, a delegable task for RNs and LPNs; however, APRNs may delegate the administration of mediations in certain non-hospital settings.

Maintaining a license

Consistent with its obligation to protect the public from unsafe nursing practice, the law authorizes the Board to establish criteria, including continuing education requirements, licensees must meet to renew a license.  The Board also is authorized to revoke, suspend, or restrict a license should it find a licensee has engaged in activities that constitute a violation of certain provisions of law set out in Section 4723.28 ORC.  These activities are intended to help the Board ensure the ongoing competency and safe practice of its licensees. 

Continuing education

In order to be eligible to renew a nursing license in Ohio (EXCEPT the first renewal following initial licensure by examination) the licensee must complete 24 hours of continuing nursing education (CE), one hour of which must be directly related to the laws and rules pertaining to the practice of nursing in Ohio, so-called Category A continuing education.  (Section 4723.24 ORC).  Effective April 4, 2017 APRNs must obtain an additional 24 hours of continuing education to renew an APRN license and 12 of those hours must include advanced pharmacology. (Section 4723.24 ORC).   If a nurse completes more than the required 24 (or 48) hours during a renewal cycle those additional hours may NOT be applied to future renewal periods.  Continuing education requirements are described in more detail in Board rules found in Chapter 4723-14 (OAC).  A licensee may also use a one-time only waiver to renew a license without obtaining the requisite continuing education.  The waiver request must be submitted in writing and once requested it may not be withdrawn.  Once that waiver option is used it may never be used again. (Rule 4723-14-03 (G) OAC).

Ohio accepts, for continuing education purposes, both independent studies as well as faculty-directed activities.  In fact, nurses may rely on independent studies to satisfy all hours of the CE requirement if they choose to do so.  Regardless of the format of the study or activity, the nurse must maintain documentation or verification of completion of the CE that is issued by the CE provider.  The nurse must retain this documentation for six years or three renewal cycles.

As part of the renewal process, the nurse will be asked to attest to having met the CE requirement, and the Board may ask the nurse to verify that the attestation is accurate.  When this CE audit is conducted, the nurse must provide the requested documentation—the relevant CE certificates.  Failure to do so before November 1st will result in a lapsed license.  (Rule 4723-14-03 OAC).  If a license is lapsed or on inactive status for more than two years, the nurse must complete 24 hours of prescribed CE that includes the following content:

  • Two contact hours on scope of practice, standards of safe practice, and delegation;
  • Six contact hours addressing the nursing process and critical thinking, clinical reasoning, or nursing judgment related to patient care;
  • Six contact hours in pharmacology, drug classification, medication errors, and patient safety;
  • Two contact hours related to clinical or organizational ethics; and
  • Eight contact hours related to the nurse’s particular practice.

Rule 4723-14-03 OAC.

Individuals taking college courses may apply the credit hours earned in those courses to satisfy the CE requirement.  One credit hour earned in an academic semester is equivalent to 15 contact hours of CE; one credit hour earned in a quarter system is equivalent to 10 contact hours; and one credit hour earned in a trimester system is equivalent to 12 contact hours.  (Rule 4723-14-04 OAC).  However, if the college course work does not include the content required to meet the Category A law and rules requirement, the nurse would need to obtain that hour through an approved continuing education program designated as a Category A presentation.

Although Ohio is fairly generous in its determination of what constitutes acceptable continuing nursing education, there are specific exceptions to that flexibility.  The following activities cannot be used to satisfy the 24 hours of CE required for license renewal:

    • Repetition of an activity with identical content and outcomes within a single reporting period;
    • Self-directed learning such as reading texts or journal articles not approved as an independent study;
    • Participation in clinical practice or research;
    • Personal development activities;
    • Professional meetings or conventions except for portions designated as CE
    • Membership in professional organizations; and
    • CE ordered by the Board as a result of disciplinary action Rule 4723-14-05 (OAC)
    • Note: Community service or volunteer practice does not qualify as continuing education except in the following circumstances: An RN or LPN who serves as a volunteer for indigent and uninsured persons, without compensation, may use up to 8 hours of the volunteer service towards their CE requirement. One hour of CE may be awarded for each 60 minutes documented as spent providing uncompensated health care services as a volunteer. Documentation must include a signed statement from a person at the health care facility or location where the health care services were performed indicating the date and time the health care services were performed, that the recipient was indigent and uninsured and that the licensee provided services as a volunteer. (Rule 4723-14- 03(L), OAC)
    • For more information: http://www.nursing.ohio.gov/PDFS/education/CE_FAQ.pdf
    Rule 4723-14-05 (OAC).

    Taking disciplinary action to protect the public

    The Board may take disciplinary action when a nurse (or other individual under the Board’s jurisdiction) violates specific provisions found in Section 4723.28 ORC. If an action or inaction is not included in that section of law, the Board cannot act.   That same section of law also defines the processes the Board must use when it proposes to take the allowed action.   The Board must provide the accused individual due process, which includes notice of the allegations and an opportunity for the accused individual to tell his/her side of the story.  Just like other judicial or quasi-judicial proceedings, the Board must prove the charges, in other words, the nurse is “innocent until proven otherwise”, but the Board’s burden of proof is comparatively light; a preponderance of the evidence standard, rather than the beyond a reasonable doubt standard that is typically seen in criminal cases.

    The Board relies generally on its complaint process as the basis for its disciplinary activities.  In other words, the Board does not typically initiate an investigation unless it has received information in the form of a complaint that describes what the regulated individual did or did not do that would be considered a violation of Section 4723.28 ORC.  All complaints are confidential and must be investigated by Board staff, who are trained investigators.   Nurses have the right to have an attorney represent them in these proceedings with the processes for doing so set out in Chapter 4723-16 of the Ohio Administrative Code.  Once an investigation has been completed by Board staff, a decision is made as to whether the charges constitute a violation of Section 4723.28 ORC and whether there is sufficient evidence to support the allegation.   Board members then decide whether to proceed to adjudicate the case.  At this point the case becomes public information, and the nurse is notified regarding his/her right to request a formal hearing.

    Because felonies and certain misdemeanor criminal convictions, a plea of no contest to, or treatment in lieu of conviction are the grounds for Board action under Section 4723.28, county prosecutors are required by law to report these judicial outcomes to the Board.  In addition, employers are required to report to the Board any current or former employees whose conduct would be grounds for disciplinary action under the law.   (Section 4723.34 ORC) Individual nurses, however, are not mandated by law to report to the Board.  Any person who reports to the Board in good faith is immune from liability and other adverse actions. (Section 4723. 341 ORC).

    In addition to convictions or adjudicatory action related to felonies, misdemeanors in the course of practice and crimes involving moral turpitude, Section 4723.28 ORC includes in part the following as grounds for the Board to take disciplinary action:

    • Impairment in the ability to practice according to acceptable prevailing standards of safe care due to:
      • Use of drugs, alcohol, or other chemical substances;
      • Habitual or excessive use of controlled substances or other habit forming drugs, alcohol, or other chemical substances;
      • Physical or mental disability;
    • Failure to practice in accordance with acceptable and prevailing standards of safe nursing care. (Those standards are found in Chapter 4723-4 OAC and address both competency and patient safety considerations);
    • Engaging in activities that exceed one’s scope of practice;
    • Aiding and abetting in the unlicensed practice of nursing;
    • Taking into the body any dangerous drug not in accordance with a legal valid prescription;
    • Selling, giving away, or administering drugs for other than legitimate therapeutic purposes;
    • Failure to use universal and standard precautions;
    • Assaulting or causing harm to a patient or depriving a patient of the means to summon assistance;
    • Failure to establish and maintain professional boundaries;
    • Engaging in sexual contact or verbal behavior that is sexually demeaning with a patient;
    • Misappropriation of anything of value in the course of practice; and
    • Action taken by another regulatory board.

    (It is important to note that this is only a partial list of grounds for Board disciplinary action). 

    TAKE AWAYS

    √    The Board can take action that could revoke, suspend, restrict or otherwise limit a nurse’s license to practice nursing.

    √    A nurse has a right to be notified of the charges against him/her and to have an opportunity to offer a defense-due process rights. The nurse may also be represented by legal counsel.

    √    The Board, typically, learns of alleged violations of Section 4723.28 ORC from complains filed with the Board. All complaints are confidential until the Board completes its investigation and believes it has reason to believe it can prove the charge. At that point, the case becomes public information.

    Acceptable Standards of Safe & Effective Nursing Practice

    Acceptable standards include (in part):

    ·         Timely implementation of an authorized practitioner’s order unless the nurse believes the order is inaccurate, not properly authorized, not current or valid, harmful or potentially harmful, or contradicted.

    o   If a nurse believes an order is not appropriate, he/she must clarify the order.

    o   If after clarification the nurse determines not to implement the order, that determination must be documented accurately and in a timely manner and the nurse must act to assure the patient’s safety.

    ·         Maintaining patient confidentiality.

    ·         Displaying title or licensure initials when providing direct patient care, including when practicing via telecommunication.

    ·         Documenting accurately, timely, and completely nursing assessments or observations, the care provided by the nurse, and the patient’s response to that care.

    ·         Accurately and in a timely manner, reporting errors or deviations from a current valid order.

    ·         Providing a safe environment.

    ·         Providing privacy during examination and treatment.

    ·         Treating each patient with courtesy, respect, and with full recognition of the patient’s dignity and individuality.

    ·         Establishing & maintaining professional boundaries with a patient.

    ·         Not falsifying any patient records or other documents prepared or utilized in the course of or in conjunction with nursing practice.

    ·         Not engaging in physical, verbal, mental, or emotional abuse.

    ·         Not misappropriating a patient’s property or seeking or obtaining personal gain at the patient’s expense.

    ·         Not becoming in appropriately involved in a patient’s personal relationships or financial matters.

    ·         Not engaging in sexual conduct with a patient or verbal behavior that is seductive or sexually demeaning to a patient.

    Rule 4723-4-06 OAC.

    Nurses are responsible for knowing when changes occur to the laws and rules governing their practice.  One way to stay informed is by going to the Board’s web page (www.nursing.ohio.gov) and subscribing to e-news.

    Conclusion

    Licensed nurses by virtue of holding a current valid license are allowed to touch people physically and emotionally in ways others may not.  That authority is a privilege and carries with it an obligation to engage in nursing practice safely and in accordance with all relevant laws and rules.  The Board of Nursing is charged with protecting the public from the unsafe practice of nursing.  That responsibility includes the adoption of rules that enable the Board to enforce the law effectively.  Nurses must know both the law and the rules governing their practice and keep up with changes as they occur.  The Board’s web site (www.nursing.ohio.gov) has many resources licensees may find useful in helping them decipher some of the more complex aspects of nursing practice including the regulations they must follow.   In addition, professional associations such as the Ohio Nurses Association and the Ohio Association of Advanced Practice Nurses are excellent resources for nurses who may have questions or concerns.  Safe practice is a goal for everyone, regulators and nurses alike.  Knowing the rules and practicing in accordance with them is an important component of safe practice, especially in today’s complex health care environment.

    [1] HB 216 effective April 4, 2017 increased the number of APRNs on the Board from one to two.

    [2] APRNs holding a COA and CTP will receive the APRN license during the regular RN/APRN renewal process in late 2017.  APRNs who did not previously hold a CTP must now satisfy specific educational requirements with respect to an advanced pharmacology course in order to receive an APRN license (and use the protected titles).

    Ohio Nursing Law and Rules: The basics that every nurse needs to know

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