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Policy & Procedure for Nursing Practice Inquiries 
and Interpretive and Practice Guidance

Policy:

According to the North Dakota Nurse Practices Act (NPA) 43-12.1-08 (1) Powers and Duties of the Board, the Board of Nursing (Board) shall regulate the practice of nursing to assure qualified competent licensees and high-quality standards. The Board mission is to assure ND citizens quality nursing care through regulation of standards for nursing education, licensure, and practice. In aligning with the Board’s duties and mission, nursing practice inquiries are accepted for consideration. Practice inquiries may be resolved by the Board’s Directors or may prompt a Board Interpretive Statement or Practice Guidance. According to the North Dakota Nurse Practices Act 43-12.1-08 (2)(p), the Board shall issue practice statements regarding the interpretation and application of this chapter. The following policy and procedure outlines the Board’s process for consideration of nursing practice inquiries and interpretive or practice guidance.

Practice Inquiry:

  1. Stakeholders/licensees with a nursing practice inquiry shall view Practice Guidance and Practice Frequently Asked Questions (FAQ).

  2. If the stakeholder/licensee does not find resolution of the practice inquiry through exploration of Practice Guidance and Practice FAQs, the stakeholder/licensee shall complete the Request for Nursing Practice Inquiry Form and submit to practice@ndbon.org.

  3. Directors of the Board shall review the submitted Request for Nursing Practice Inquiry Form for consideration and respond in writing within 14 business days. Directors may:

    1. Provide resolution of the practice inquiry; or

    2. Request stakeholder/licensee completion of the Board adopted Scope of Practice Decision Making Framework. 

  4. Once the stakeholder/licensee completes the Scope of Practice Decision Making Framework as directed, the Practice Division of the Board shall review and respond in writing within 14 business days. The Practice Division may:

    1. Provide resolution of the practice inquiry based on Scope of Practice Framework and evidence provided by stakeholder/licensee; or

    2. Assign practice inquiry with a completed framework to the Board’s Advisory Panel for consideration.  The Advisory Panel:

      1. Reviews assigned practice inquiry submissions, explores related literature and provides input to the practice division.

      2. May collaborate with Practice Division in the development of a proposed interpretive statement or practice guidance for Board consideration.

Disclaimer: Recommendations given by Board Directors and Practice Division are based on guidance from current law and rules; Board approved interpretive statements and practice guidance; Board established guidelines, policies, and procedures. Recommendations are not interpretations of the law/rules, therefore do not carry the force of the law/rules.

 

Interpretative Statement or Practice Guidance:

  1. Interpretative and practice guidance may be adopted by the Board as a means of providing direction to licensees and stakeholders who seek to ensure safe nursing practice and address issues of concern relevant to public protection. Proposed interpretative and practice guidance shall be presented to the Board in the following manner:

    1. Directors may develop proposed interpretative or practice guidance based on Practice Division regulatory investigations and trends.

    2. The Advisory Panel may develop a proposed interpretative or practice guidance based on panel exploration of assigned practice inquiry.

  2. Interpretive and practice guidance require review and adoption by the Board during a convened meeting.

  3. Interpretive and practice guidance are reviewed regularly or upon request.

  4. Interpretive and practice guidance shall be available on this website (choose Practice/Practice Statements) or supplied upon written request to the Board.

    Definitions:

Interpretive Statement: Board adopted statement providing guidance in defining or explaining the meaning of laws or rules that govern the practice of nurses.

Practice Guidance:  Board adopted nursing practice recommendations based on a formal investigation of a specific practice inquiry by Directors or Advisory Panel. Practice guidance framework may include a statement of purpose, background/significance, definitions, evidence-based recommendations, and references.  Practice guidance may be in other formats including FAQs.

Disclaimer: Board approved interpretive statements and practice guidance do not carry the force and effect of the law/rules. In addition, each licensed nurse is responsible and accountable to practice according to the standards prescribed by the board and profession; and accepts responsibility for judgements, individual nursing actions, competence, decisions, and behavior in the course of nursing practice (NDAC 54-05. Standards of Practice).  "Competence" refers to application and integration of knowledge, skills, ability, and judgment necessary to meet standards (NDAC 54-01-03-01(14)). Individual competency varies among nurses; when a nurse does not personally have the competence to perform an activity, such activity is “outside the scope” of practice for that nurse.

Authority:
Nurse Practices Act 43-12.1-01. Scope; 43-12.1-08. Duties of the Board
North Dakota Administrative Code title 54-05. Standards of Practice; 54-01-03-01. Definitions.

References:
Ballard, K., Haagenson, D., Christiansen, L., et al. (2016). Scope of practice decision-making framework. Journal of Nursing Regulation 7(3), 19-21. Available at https://ncsbn.org/2016JNR_Decision-Making-Framework.pdf

 

 

Board approved 3/17
Revised 02/18

Resources Updated: 9/25/2018 9:28:16 AM