The Rhode Island Board of Nursing Registration and Nursing Education (or simply “the Board”) has the authority to license nurses in the state—and to take disciplinary action against their licenses for numerous potential violations.
The Board derives this authority from the Rhode Island Nurse Practice Act (NPA), a collection of statutes relating to the licensing, supervision, and discipline of nursing professionals. Understanding this law can help a nurse, among other things, avoid making the kinds of errors that can put their license to practice nursing in jeopardy.
Are you facing Board disciplinary action or another matter related to the Rhode Island NPA? If so, our Professional License Defense Team at the LLF National Law Firm can help you guard against unreasonable disciplinary action or other such consequences, protecting the career you’ve worked hard for. Learn more about how our Rhode Island nurse license defense professionals can assist you now by submitting your information via our online contact form or calling our offices today at 888-535-3686.
The Rhode Island Nurse Practice Act Authorizes the Rhode Island Board of Nursing Registration and Nursing Education to Discipline Nurses
One of the most noteworthy elements of the NPA is the authority it grants to the Board to discipline nurses and those applying for nursing licenses in the state. Forms of discipline the Board may consider when nurses violate its rules or a relevant law include:
- Denying a prospective nurse a new license
- Refusing to renew the license of a nurse currently licensed in Rhode Island
- Suspending a license temporarily
- Revoking a license
Those aren’t the only forms of disciplinary action available to the Board in these circumstances. Per the law, the Board can “otherwise discipline” nurses as it sees fit, indicating the Board has significant leeway and flexibility in regard to determining how to address nurse violations of the NPA.
Reasons for Board Discipline Under the Nurse Practice Act in Rhode Island
The following are reasons any nurse may be subject to Board discipline in Rhode Island under the NPA:
- Being guilty of fraud or deceit when obtaining a nursing license or when attempting to obtain a nursing license
- Being guilty of a crime that qualifies as one of “gross immorality”
- Being unfit or incompetent to serve as a nurse due to negligence or habits
- Addiction to habit-forming drugs or habitual intemperance
- Mental incompetence
- Being guilty of willfully or repeatedly violating the NPA or any lawful Board orders or rules
The NPA states that a nurse may also face disciplinary action for engaging in unprofessional conduct. According to the law, along with the above, unprofessional conduct for a nurse in Rhode Island may also consist of:
- Abandoning a patient
- Willfully making and filing false reports related to the practice of nursing
- Willfully failing to make reports or file records as the law requires a nurse to
- Not providing the nurses taking over a patient’s care with information they may need to properly ensure continuance of care
- Willfully disregarding the overall standards of nursing practice or failing to maintain those standards
The Board may launch an investigation if there is any reason to suspect you’ve violated the NPA. For example, the Board may have received a report from a patient or nurse indicating you’re unqualified to practice safely.
Don’t assume the matter will “sort itself out” if you ignore it. Upon learning the Board is considering disciplinary action against you, get in touch with our LLF National Law Firm Professional License Defense Team. The sooner you enlist the help of attorneys qualified to handle your case, the better your odds of avoiding the kinds of mistakes (like saying too much to the Board too early in an investigation) that could have unintended consequences.
Reasons the Board May Discipline an Advanced Practice Registered Nurse
The NPA also provides the Board with justification to specifically take action against advanced practice registered nurses (APRNs) in certain situations. The Board can discipline an APRN for:
- Helping someone (aiding or abetting) practice as an advanced practice nurse when they lack the proper qualifications/certification
- Being addicted to alcohol or controlled substances
- Negligently, willfully, or intentionally acting in such a way that isn’t consistent with the health and safety needs of those a nurse is responsible for
- Having one’s authority to practice as an advanced practice nurse subject to disciplinary action in another state or jurisdiction
- Performing medical functions beyond the scope of what the NPA establishes for advanced practice nurses
- Willfully failing to file necessary reports and/or records
Be aware that these reasons for taking disciplinary action against an advanced practice nurse’s license are in addition to the general reasons stated in the previous section of this guide. The standards that apply to all nurses still apply to APRNs. However, due to their expanded scope of practice, the Board can limit their licenses for reasons that may not apply to other nursing professionals.
Along with establishing the reasons an APRN may face disciplinary action, the Rhode Island NPA also establishes the scope of practice and expanded responsibilities for APRNs. Familiarizing yourself with what the NPA says an APRN can and can’t do may help you avoid accidentally violating the law.
A Note on Nurse Anesthetists
The NPA contains a small section addressing justifications the Board may have for disciplining nurse anesthetists. The phrasing of this section is an example of how a lack of clarity may cause a nurse to face disciplinary action for reasons that aren’t always immediately apparent or understandable.
Any of the reasons the Board can take disciplinary action against a nurse or advanced practice nurse are also reasons the Board can take action against the license of a nurse anesthetist. The NPA also generally states that the Board may take action if a nurse anesthetist fails to meet the requirements for practicing in this role.
Failing to meet the requirements can come in many forms. Whether you’re a nurse anesthetist or another type of nurse in Rhode Island, the somewhat vague phrasing of the NPA could cause you to face disciplinary action for reasons that are unclear to you. At the LLF National Law Firm, members of our Professional License Defense Team can help by reviewing the case and answering your questions.
Alternatives to Discipline When a Nurse Violates the Rhode Island Nurse Practice Act
The NPA doesn’t require the Board to discipline a nurse every time it’s discovered a nurse has committed a violation. Depending on numerous factors, the Board can consider other options.
For example, perhaps a nurse is facing disciplinary action because they struggle with an alcohol or drug problem. The NPA authorizes the Board to establish an alternative-to-discipline program for these types of cases in which a nurse agrees to receive treatment (and may have to agree to additional conditions) to avoid discipline.
Even if the alternative program isn’t an option for a nurse due to the nature of their violation or another relevant factor, it’s often possible to negotiate a deal with the Board. By presenting mitigating factors, such as your lack of previous discipline issues, you may indicate to the Board why the disciplinary action it considers should be lenient.
This is another way in which we at the LLF National Law Firm Professional License Defense Team can help you. When you face Board discipline against your license for an alleged violation of the Rhode Island NPA, we’ll explore alternatives to discipline, or we’ll negotiate with the Board on your behalf.
The Rhode Island Nurse Practice Act Also Establishes Standards for Delegating Nursing Tasks
As a nurse, you may have the responsibility, duty, or authority to delegate tasks to other nursing professionals. The NPA establishes standards for doing so. A nurse who violates these standards may be subject to disciplinary action.
Generally, a nurse must ensure the person to whom they’re delegating a task possesses the qualifications, experience, and necessary professional licenses or certifications needed to perform a task, particularly a specialized one.
Other essential standards to be aware of include:
- Before delegating a task, a licensed professional nurse (LPN) must assess the nursing care needs of a patient. Doing so is necessary to ensure a nurse delegates a task to someone qualified to handle it.
- When a nurse delegates a task, they must consider whether “a reasonable and prudent nurse, using sound nursing judgment,” would do so.
- A licensed nurse who delegates a task must assume responsibility for the quality of care a patient receives. If they receive substandard care because a licensed nurse delegates a task to an assistant who is not qualified to perform said task, the nurse who delegates the function will usually be considered responsible.
The NPA states that, when considering whether to delegate a particular task to a particular individual or team, a nurse should account for the following factors and criteria:
- The overall knowledge and skills of one to whom the nurse is considering delegating a task
- Whether the overall organization or facility providing health care services verifies the clinical competence of the one to whom work is being delegated
- The stability of a patient’s condition, as factors such as unpredictability or instability, may cause a reasonable nurse to conclude that delegating certain tasks is unsafe.
The NPA also states that a nurse delegating tasks should consider certain variables that will be unique to their given healthcare facility and overall care environment. These variables are:
- Whether resources and established policies provide the degree of support necessary to ensure a patient’s quality of care doesn’t diminish when a nurse delegates a task
- The complexity of care a given client population requires and how frequently said population requires care
- The qualifications of other staff present who may need to assist with delegated tasks
- The number of other staff members present
- Whether a license nurse is accessible or available to handle a task
That final point is important. The nurse delegating a task may be too busy to handle it themselves. However, if you’re not, and you’re unsure of whether delegating a particular task is wise, you might want to be cautious and handle the task yourself.
The NPA also states that a nurse may not delegate certain tasks. They are:
- Nursing activities or tasks requiring ongoing assessment of a patient’s condition, interpretation of a patient’s responses, or other forms of ongoing decision-making, if these requirements can’t logically be separated from the relevant nursing procedure or task a nurse is delegating
- Nursing activities that an individual has not demonstrated competence for
In addition, the NPA states that a nurse must provide necessary supervision as the NPA defines it when delegating nursing tasks. This essentially means a nurse should initially provide someone to whom they’re delegating tasks with instructions on how to perform said tasks.
Exercising sound nursing judgment, a nurse should then periodically monitor the task to ensure the delegatee is performing their work correctly. Naturally, a nurse should step in and address the matter if they witness any indication that a delegatee isn’t doing their work properly.
Being accused of improper delegation is another way in which you might face disciplinary action due to an alleged Rhode Island NPA violation. Our Professional License Defense Team at the LLF National Law Firm is prepared to take your case if you face such accusations.
Contact the LLF National Law Firm for Help With a Case Involving an Alleged Violation of the Rhode Island Nurse Practice Act
If the Board is investigating you because someone has accused you of violating the NPA in Rhode Island, one of the best steps you can take right now is to coordinate with professionals who have experience handling cases like yours. That’s exactly what you’ll find at the LLF National Law Firm Professional License Defense Team.
Offering nurse license defense services throughout Rhode Island, we don’t just provide representation—we provide the peace of mind that comes from knowing someone is on your side to protect your rights during what can be a very challenging time in your career. Let us get started on your case by submitting your information via our online form today or calling our offices at 888-535-3686.