Practicing as a licensed nurse comes with a huge set of responsibilities--not the least of which is knowing and adhering to the rules of nursing established by the state in which you're licensed. Most state laws refer to this collection of rules as the Nurse Practice Act for the state, although some states use different terminologies to describe the same thing. If you are a registered professional nurse, licensed practical nurse, or advanced practice nurse in the State of Michigan, you are responsible, along with all other health professionals, to abide by the scope of practice and professional responsibilities detailed in the state's Public Health Code. You must also take care to keep your licensure up to date, complete CE requirements, and abide by accepted standards of professional ethics.
Michigan's Board of Nursing is responsible for ensuring that licensed nursing professionals abide by these rules, and most disciplinary actions taken against nurses have something to do with violating one or more rules in the Public Health Code. If you're a licensed nurse accused of misconduct per these laws, you could face sanctions such as fines, probation, practice restrictions, and even suspension or revocation of your license. With nationwide experience in defending nurses and other licensed health professionals, the Professional License Defense Team of the Lento Law Firm makes a point of keeping abreast of the laws and regulations that govern nurses in Michigan. We not only recognize the professional and ethical codes, but we also know the boundaries of disciplinary practice, and we will work to help you resolve your issue favorably while making sure your due process rights are protected. To schedule a consultation, call the Lento Law Firm today at 888-535-3686 or fill out our convenient online form.
Legal Framework for Nursing Practice in Michigan
Michigan's nursing laws are integral to ensuring the safe and effective practice of nursing in the state. They provide a comprehensive framework that defines the types of nurses recognized, their respective scopes of practice, professional responsibilities, and the ethical standards to which all nurses in the state must adhere. Any licensed nursing professional practicing in the state should maintain a basic working knowledge of these laws and rules.
Unlike some states with a distinct Nurse Practice Act, Michigan regulates nursing through its Public Health Code (Act 368 of 1978). This code governs all health professions, including nursing, and outlines the duties, responsibilities, and scopes of practice for each profession. The state regulations concerning nursing are contained in Part 172 of the Public Health Code.
The Michigan Board of Nursing, under the Department of Licensing and Regulatory Affairs (LARA), ensures that all nurses adhere to the standards outlined in the Public Health Code. The Board is responsible for issuing licenses, setting standards for educational programs, and disciplining nurses who violate these regulations.
Types of Nurses Recognized in Michigan
The state of Michigan recognizes several types of nurses, each with specific licensure requirements and legal responsibilities. These include:
- Registered Professional Nurses (RN)
- Licensed Practical Nurses (LPN)
- Advanced Practice Registered Nurses (APRN), which include:
- Nurse Practitioners (NP)
- Certified Nurse Midwives (CNM)
- Clinical Nurse Specialists (CNS)
- Certified Registered Nurse Anesthetists (CRNA)
Registered Nurse (RN) Practice in Michigan
Registered Nurses are the backbone of the healthcare system. Their practice involves providing comprehensive care to patients, from conducting assessments to coordinating with other healthcare professionals. To practice as an RN in Michigan, individuals must complete an accredited nursing program and pass the NCLEX-RN exam.
Scope of Practice for RNs
The scope of practice for RNs, as defined by the Public Health Code, allows RNs to:
- Conduct patient assessments: RNs are responsible for gathering and analyzing patient information to create effective care plans.
- Administer treatments and medications: RNs are authorized to administer medications and treatments as prescribed by a physician or APRN.
- Educate patients and families: RNs are expected to provide education on treatments, medications, and general health.
- Delegate tasks: RNs may delegate certain tasks to LPNs or nursing assistants, provided that the tasks fall within the accepted scope of practice of that assistant.
Responsibilities and Ethical Guidelines for RNs
Michigan's nursing laws require RNs to uphold high ethical standards, many of which are derived from the American Nurses Association (ANA) Code of Ethics. Key responsibilities include:
- Advocacy for patient rights: RNs are expected to advocate for patients, ensuring that their rights are respected and that they receive appropriate care.
- Confidentiality: Nurses must protect patient information and maintain privacy, adhering to HIPAA regulations.
- Accountability: RNs are accountable for their actions and decisions, and they must always act within their scope of practice.
- Professional development: Continuous education and staying current with nursing best practices are essential for maintaining competence.
Advanced Practice Registered Nurse (APRN) Practice in Michigan
Advanced Practice Registered Nurses hold additional responsibilities and a broader scope of practice compared to RNs. APRNs in Michigan must complete a graduate-level nursing program and pass national certification exams in their respective specialties. APRNs include:
- Nurse Practitioners (NP): NPs have the authority to diagnose and treat illnesses, prescribe medications, and manage patient care independently or collaboratively.
- Certified Nurse Midwives (CNM): CNMs provide care related to pregnancy, childbirth, and reproductive health.
- Clinical Nurse Specialists (CNS): CNSs focus on improving patient care in specialized areas such as oncology or pediatrics.
- Certified Registered Nurse Anesthetists (CRNA): CRNAs are responsible for administering anesthesia and managing patient care during surgical procedures.
Scope of Practice for APRNs
APRNs in Michigan are authorized to:
- Diagnose and treat: APRNs can diagnose medical conditions, order diagnostic tests, and implement treatment plans.
- Prescribe medications: APRNs have the authority to prescribe medications, including controlled substances, within their scope of practice.
- Collaborate with other healthcare providers: While APRNs can practice independently in certain settings, they may also work collaboratively with physicians and other specialists.
Responsibilities and Ethical Guidelines for APRNs
APRNs are held to the same ethical standards as RNs but with added responsibilities due to their expanded scope of practice. APRNs must:
- Provide evidence-based care: APRNs are expected to base their treatment decisions on the latest research and clinical guidelines.
- Ensure informed consent: APRNs must ensure that patients understand the treatments they are receiving and consent to the care provided.
- Maintain professional competence: Continuing education is critical for APRNs, as they must stay updated on advances in healthcare.
Licensed Practical Nurse (LPN) Practice in Michigan
Licensed Practical Nurses provide essential, hands-on patient care under the supervision of RNs or physicians. LPNs must complete a state-approved practical nursing program and pass the NCLEX-PN exam to become licensed.
Scope of Practice for LPNs
LPNs perform basic nursing duties, but their practice is more limited than that of RNs. The Michigan Public Health Code defines the LPN scope of practice to include:
- Basic patient care: LPNs assist with routine care such as administering medications (under supervision), taking vital signs, and monitoring patient conditions.
- Assistance with treatments: LPNs may assist RNs and physicians in implementing treatment plans, including preparing patients for procedures.
- Patient data collection: LPNs collect data on patient conditions and report it to RNs or physicians for further action.
Responsibilities and Ethical Guidelines for LPNs
While LPNs operate under the direction of an RN or physician, they are still held to high ethical standards. LPNs must:
- Ensure patient safety: LPNs must follow established protocols and report any concerns about patient conditions to their supervisors.
- Adhere to delegatory guidelines: LPNs must not perform duties outside their scope of practice, and they must report any task that exceeds their competence.
General Ethics for Nursing Professionals in Michigan
Michigan nurses must adhere to professional ethics that prioritize patient welfare, respect for autonomy, and professional accountability. The American Nurses Association (ANA) Code of Ethics serves as a foundational document that guides the ethical practice of nursing in the state. These basic ethical principles include:
- Autonomy: Nurses must respect the right of patients to make informed decisions about their own healthcare.
- Beneficence: Nurses are obligated to act in the best interest of their patients by providing care that promotes health and well-being.
- Non-maleficence: Nurses must avoid causing harm to patients, whether through action or inaction.
- Justice: Nurses should treat all patients fairly and equitably, regardless of background or circumstances.
- Fidelity: Nurses are expected to keep commitments to their patients, maintain trust, and provide consistent care.
Nurses often face ethical dilemmas, such as balancing the need for patient autonomy with the duty to protect patients from harm. Ethical decision-making frameworks are essential for navigating these challenges, and Michigan law requires nurses to document their ethical decisions and the rationale behind them.
Continuing Education Requirements for Nurses in Michigan
In the State of Michigan, nurses are required to keep their licensure current, which means renewing their license every two years. According to Michigan's Administrative Rules for Nursing, nurses must complete at least 25 hours of continuing education (CE) courses every two years. Their license cannot be renewed without completing this requirement.
Expectations and Prohibited Acts of Nursing Practice in Michigan
The laws of Michigan governing the nursing profession establish certain responsibilities for nurses, as well as certain behaviors to avoid. Failing to abide by these standards may result in disciplinary actions, which may include censure, fines, suspension, or even revocation of one's nursing license.
The following summarizes key practices that nurses in Michigan must adhere to, as well as actions that are prohibited by law:
Common Responsibilities for Nurses in Michigan
- Practice only within your scope: Nurses must always stay within the legal limits of their licensure and training.
- Keep accurate documentation: Clear and accurate documentation of patient care is essential for legal and professional accountability.
- Report unsafe practices: Nurses are legally obligated to report any unsafe or unethical behavior they witness in their workplace.
Prohibited Acts
The following are among the most common concerns and violations that may result in disciplinary actions for nurses in Michigan:
- Practicing outside one's licensure: Performing duties beyond your scope of practice is illegal and can lead to disciplinary action.
- Disregarding patient confidentiality: Violating patient privacy is a serious offense under both Michigan law and federal HIPAA regulations.
- Administering medications without authorization: Nurses must have proper authorization from a physician or APRN before administering treatments or medications.
- Inappropriate relationships: Nurses must maintain professional boundaries with patients and must not engage in any intimate or romantic relationships with the people they are treating.
- Substance abuse: Engaging in illegal drug use or excessive consumption of alcohol, even when not on duty, can result in disciplinary action, especially if it affects one's performance while on duty.
- Criminal behaviors: Being convicted of certain crimes, especially crimes of moral turpitude, may disqualify a nurse from practicing in the state of Michigan.
Professional License Defense for Nurses in Michigan
If you're a licensed nurse practicing in Michigan, and a complaint is filed against you alleging that you have violated one or more of the rules contained in the Public Health Code, the risks to your ability to practice cannot be overstated. Not only could your license itself be in danger, but even lesser sanctions like fines and reprimands may show up in public records and be reported to national databases, doing damage to your professional reputation and possibly limiting employment opportunities both in Michigan and nationwide. Additionally, when investigating and adjudicating allegations of misconduct, the Michigan Board of Nursing applies the "preponderance of the evidence" standard, meaning they only have to be convinced that they are 51 percent likely to have committed the violation in order to impose discipline.
With so much at stake, you should never face allegations of professional misconduct alone. The Lento Law Firm's Professional License Defense Team has extensive nationwide experience defending licensed nurses who are accused of misconduct. Our Team stays current on both the Public Health Code and administrative rules in Michigan, so we always provide the most up-to-date guidance and strategies for negotiating favorable outcomes with the Board. The best way to protect your license is to take action at the first sign of trouble. If you've been notified of a complaint against you, call the Lento Law Firm today at 888-535-3686 or complete our online form.
