In most states, a law often referred to as a “nurse practice act” (NPA) addresses such matters as prohibited acts for nurses, the forms of discipline a board of nursing may consider when violations occur, and other such relevant nursing topics.
There is no one law in Montana covering all these matters. Instead, there's a collection of laws and statutes that, together, essentially serve as the Montana NPA. The administrative rules for the Montana Board of Nursing (referred to going forward simply as “the Board”) may also be considered part of the Montana NPA.
Familiarizing yourself with the NPA is wise if you're a nurse practicing in Montana. Should you ever be accused of violating the NPA or the Board's administrative rules, our Professional License Defense Team at the Lento Law Firm is available to protect your rights. Learn more about how we can assist with your case by submitting your information via our online contact form or calling our offices today at 888-535-3686.
The Montana Nurse Practice Act Defines Professional Conduct for Nurses in the State
One section of the Board's administrative rules addresses the professional conduct all nurses in Montana must demonstrate. Per the rule, this type of conduct “has become established by practicing nurses as conduct which is reasonably necessary for the protection of the public interests.”
The rule also states that professional conduct among nurses in Montana involves fulfilling the following requirements:
- Nurses, while operating in their professional capacity, should identify themselves as a nurse by wearing a name badge. Although a badge may contain more identifying details, at a minimum, it should include a nurse's first name, the first initial of their surname, and an indication of the specific type of nursing license they hold. The font for a name badge must be no less than 18 point in size and must be a standard bold face font.
- A nurse who changes their address should notify the Board accordingly within 10 days of the change. The Board may fine a nurse who fails to properly report a change in address.
- If a nurse is aware that other nurses or relevant health care professionals are engaging in unprofessional conduct, they must report said conduct to the Board.
The last point highlights an important reality to be aware of. Under the Montana NPA, a nurse doesn't necessarily have to actively engage in misconduct to face Board disciplinary action. Failure to report the misconduct of another nurse is enough to get you in trouble. At the Lento Law Firm, attorneys with our Professional License Defense Team understand these nuances of the law and how they may apply to your case.
The Nurse Practice Act in Montana Defines Unprofessional Conduct That Can Result in Disciplinary Action
The same section of the Board's administrative rules defines professional conduct for nurses in Montana, which also defines what constitutes unprofessional conduct. The rules state unprofessional conduct involves a nurse behaving in a way that:
- Fails to conform with the accepted standards of nursing practice for nurses in the state AND
- Has the potential to jeopardize the health and/or welfare of the public.
The rules provide the following examples of unprofessional conduct. However, the Montana NPA clearly states that these are merely examples and don't represent all the forms of conduct that could get a nurse in trouble with the Board:
- Not exercising proper judgment in nursing practice based on the current level of nursing one has achieved
- Not exercising technical competence when performing nursing tasks
- Failing to abide by accepted policies and procedures in a given situation when said policies and procedures are meant to safeguard patient care
- Not properly safeguarding patients' dignity and/or rights to privacy
- Abusing patients (whether verbally or physically)
- Performing nursing tasks or services outside of one's authorized scope of nursing practice
- Altering/manipulating drug supplies
- Altering/manipulating patient records
- Altering/manipulating narcotics
- Falsifying patient records
- Intentionally charting incorrectly or intentionally failing to chart
- Diversion of a medication, regardless of the purpose
- Violating any law (whether state or federal) related to drugs
- Intentionally committing any act that harms a patient's welfare (which can include their psychosocial welfare)
- Delegating nursing tasks or functions in a manner that violates Montana law and/or puts patient safety at risk
- Not properly supervising others when doing so is necessary
- Leaving a nursing assignment but not properly alerting other nursing personnel that one is doing so
- Practicing nursing without a current or active permit or license in Montana
- Failing to report to the Board any NPA violations or other such violations of laws or rules related to nursing
- Having a license subject to disciplinary action in another jurisdiction
- Not complying with the terms of the Montana nurses' assistance program, an alternative to disciplinary action the Board sometimes offers to nurses struggling with substance abuse issues
- Refusing to sign or accept the Board's certified mailing
- Failing to cooperate when the Department of Labor and Industry conducts an investigation
- Failing to report to the Board within 30 days of the final judgment a case outcome (which can be a disciplinary action case, a malpractice case, a criminal case, etc.) in which a nurse's employer is a named party due to said nurse's conduct
- While performing or attempting to perform the practice of nursing, violating any state or federal statute
Because of the phrasing of the law, it's possible to get in trouble for unprofessional conduct that the above points don't cover. The next section of this guide will further explain how the above doesn't include all the forms of unprofessional conduct that could result in disciplinary action under the Montana NPA.
Additional Forms of Unprofessional Conduct for Nurses in Montana
The section of the Montana NPA linked to previously states that there are also certain general forms of unprofessional conduct that apply to various professionals under Montana law. Nurses are not exempt from these prohibitions.
Other forms of unprofessional conduct under Montana law that can cause a nurse to face Board disciplinary action are:
- Being convicted of (or entering a guilty plea or nolo contendere plea to) any crime related to one's practice, any crime committed during the course of one's practice, or any crime involving violence, drugs, fraud, deceit, or theft, regardless of whether an appeal is pending
- In any way, assisting or attempting to assist someone in violating or circumventing a law that relates to obtaining a professional license or certification
- Engaging in fraud or similar forms of deceit (which can include concealing relevant facts) when attempting to procure a license, attempting to help someone else procure a license, or taking a licensing examination
- Signing or issuing a statement while operating in one's professional capacity when one knows or should have reason to believe the statement contains a falsehood
- Engaging in false or misleading advertising practices or other such forms of misrepresentation
- Having one's license subject to discipline by a governmental authority in another jurisdiction
- Failing to comply with any of the terms, conditions, or other such requirements of a Board's final order in a discipline case or similar proceeding
- Except in unique circumstances when the law requires doing so, revealing confidential information that one obtained as a result of the professional relationship with a client without first getting a client's permission to share this information
- Using alcohol, a controlled substance, or a habit-forming drug in such a way that it negatively affects one's ability to properly or safely perform their professional duties
- Being unable to practice one's profession with reasonable skill and/or safety due to a mental or physical disability
- Knowingly putting the public at risk by not taking proper precautions when one has an infectious illness
- Misappropriating a client or workplace's property or funds, or not properly following Board rules regarding the allocation of such property or funds
- Interfering with a disciplinary investigation (which can include misrepresenting facts, threatening or harassing clients/witnesses, etc.)
- Assisting someone else in practicing one's profession without a license
- Allowing an unlicensed individual to use one's professional license
- Failing to properly report the outcome of a malpractice action
- Engaging in conduct that doesn't conform to the accepted standards of practice for one's profession
- Solely using electronic communication to obtain information that should serve as part of the written certification and accompanying statements one would use to apply for a registry identification card
Unlike in some states, the Montana NPA spreads out the rules that apply to nurses across various laws, statutes, and sections of the code. If you're a nurse facing disciplinary action for an alleged violation, you need to be confident the lawyer you hire to defend you will be thoroughly familiar with the part of the law that's most relevant to your case.
That's not something you need to worry about when you enlist the help of the Lento Law Firm Professional License Defense Team. We'll apply our understanding of the Montana NPA to defend your career and license.
Standards of Practice for Licensed Practical Nurses Under the Montana Nurse Practice Act
The Montana NPA establishes individual standards for different types of nurses. For example, the standards that apply to licensed practical nurses (LPNs) are as follows:
- The LPN is responsible for performing standardized and focused nursing assessments of clients. This may involve collecting and reporting both objective and subjective patient data in a timely manner.
- To the extent that their scope of practice allows, the LPN should collaborate with other members of a health team to develop a strategy for patient care.
- The LPN will participate in implementing the strategy of care while abiding by all applicable laws and rules.
That's just one example of this section of the Montana NPA. The law also establishes the standards that apply to registered nurses (RNs) and to advanced practice registered nurses (APRNs). Review these sections if you hold either license and have questions about the standards you must abide by.
If you're specifically accused of a violation that involves disobeying the rules that apply to nurses with your specific type of license, we at the Lento Law Firm Professional License Defense Team can help. We have experience representing all types of nurses in Montana.
The Montana Nurse Practice Act Addresses How Nurses May Delegate Tasks and Functions
The Montana NPA also discusses the criteria and rules a nurse must consider when delegating a task.
The Montana NPA first clarifies that delegating is separate from “teaching, supervising, consulting, and advising.” It also states that, before delegating a task, a nurse should consider the “five rights.” They are as follows
- The right task
- The right person to whom a task should be delegated
- The right circumstances
- The right level of direction and guidance the nurse provides
- The right level of supervision
The law states that the determination of a patient's nurse should be the sole factor determining whether a task gets delegated to an assistive person (AP, an assistant who doesn't have a nursing license). A patient's nurse must personally assess the situation to ensure delegating a task will not jeopardize a patient's welfare.
A nurse who delegates a task or nursing function may only do so when they're confident the person to whom they delegate is capable of performing the task in question. A nurse could get in trouble with the Board if they delegate a task to someone unqualified to handle it. Our Professional License Defense Team at the Lento Law Firm is prepared to take on your case if you find yourself in these circumstances.
Contact the Lento Law Firm for Help with a Montana Nurse Practice Act Case
Our Professional License Defense Team at the Lento Law Firm, offering nursing license defense services to nurses throughout Montana, has experience handling cases involving alleged Montana NPA violations. Our familiarity with these complex laws can be very helpful when you're facing Board disciplinary action against your license.
Have you been accused of violating the NPA? Or are you involved in a similar Montana NPA matter you believe we could assist with? If so, get started today by calling us at 888-535-3686 or by submitting your information through our online contact form.
