Cohen Healthcare Law Group help Nursing practices and nurses who have built or plan to build their Professional Corporation, in these areas:
- IV Hydration Therapy Business Formation or Start-up
- IV Hydration Therapy Business Regulatory Compliance
- Employment Legislation
- Contract Drafting and Review
- Management Services Organization or MSO
- Practice Restrictions
- Dispute Resolution
The duties of Nurses include functions, such as basic health care requiring a substantial amount of scientific knowledge and technical skill, given to those people having difficulties living their normal life due to health problems, illness, or medical treatment that led them to that state. And this includes: (1) Direct and indirect care ensuring safety, comfort, hygiene, and protection, (2) Direct and indirect care that requires the administration of medications necessary, (3) Skin testing, immunization techniques, blood draw or venipuncture.
Nursing ethics revolve around 7 key principles and these are:
- Justice – Fairness. Nurses need to be fair, just and equitable when distributing care amongst their patients.
- Beneficence – They have to ensure that they demonstrate care only for the good and benefit of their patient.
- Nonmaleficence – Doing no harm whether it be intentional or unintentional based on their Oath.
- Accountability – Taking responsibility for his/her actions.
- Fidelity – Being true to their professional promises and responsibility, providing safe and high quality of care.
- Autonomy – Nurse accepts that each patient is their own person and that they need to make their own decision without constraint or interference from them.
- Veracity – Being completely truthful to their patients even when it leads to patient distress.
According to https://www.registerednursing.org/nclex/ethical-practice/, “The most commonly occurring ethical issues and concerns in healthcare include the allocation of scarce resources and end of life issues.
Bioethics is a subcategory of ethics. Bioethics addresses ethical concerns like those that occur as the result of advancing science and technological advances. Some of the most common, current bioethical issues revolve around stem cells, cloning, and genetic engineering.”
California Board of Registered Nursing: Assembly Bill 890
The requirements for nurse practitioners to be able to practice independently according to the law AB90 are: (1) NP passes national board examination, (2) Should be certified by a national certification body and that certification body needs to be accredited by the National Commission for Certifying Agencies or the American Board of Nursing Specialties, (3) They must provide documentation that shows that the training they had is up to date and on par with the BRN standards, (4) The NP must finish a California transition-to-practice (TTP).
NP must practice in good standing for not less than three (3) years to be able to transition to his/her own practice. However, if the NP fails to do so, he/she needs to collaborate with other healing arts providers in congruent with the condition of the patient you’re providing care to.
You may read more about this here: California’s New Scope of Practice Law for Nurse Practitioners – Part One (link)
National Council Licensure Examination or NCLEX
The NCLEX® examination was made to serve as a guide to develop nurse candidates and to prepare them. The examination is taken by candidates who have finished Associate Degree in Nursing (ADN) or a Bachelor’s Degree in Nursing (BSN) to evaluate skills, knowledge and abilities that are essential for the entry-level nurse to be able to promote, maintain, and restore health to patients.
The National Council of State Boards of Nursing (NCSBN) continuously develops the NCLEX to gauge the level of competency of nursing school graduates, both in the U.S. and Canada or those who plan to practice nursing in the U.S. The exam has a minimum of 75 items and a maximum of 145 items that the candidates need to finish within a span of five hours. According to NCSBN, the national NCLEX first-time pass rate in 2020 was 86.5%, while 2021 had a lower pass rate of 82.48%. The Board of Nursing or BOR (per state), if supplied with complete and proper requirements, including proof of the candidates passing the NCLEX-RN, will then release the candidate’s RN state license. Candidates that do not pass the exam will receive an NCLEX Candidate Performance Report (CPR), which will help them prepare when they retake the exam. If candidates do not pass the NCLEX-RN within three years after graduating their degree, they would have to attend a nursing education program to be able to take the exam again. Anyone who are not a licensed nurse are not allowed to practice nursing.
The general corporation law as stated by the Moscone-Knox Professional Corporation Act of California, allowing professionals that are licensed by the state to perform their professional trade and are the only ones allowed to incorporate their practice as a Professional Corporation.
More about this topic here: California’s New Scope of Practice Law for Nurse Practitioners – Part Two
Laws surrounding Nursing Corporation depend from state to state, that is why it is crucial for nurses that plans or have already established their own Professional Corporation to seek professional help from the right legal expert.