Professional Regulations and Criminal Liability in Nursing In every state, there are medical professionals on a regulation or committee board. I will be discussing some vital issues that are pretentious by regulation of the health professional in the state of Arizona. The issues that will be discussed are relevant to nursing, process of civil complaints, the role the regulatory agency has in the investigation of civil complaints, the determination of criminal liability and what processes are involved while filing criminal charges. All of these issues have a process that is used among them.
The first aspect that I am discussing is the civil complaint process. In the medical profession, there are various state boards that get administered in health- related professional in the state of Arizona. The different state boards are: the board of Behavioral Science, Medical board of Arizona, Dental board of Arizona, Board of Registered Nursing, and the Physical Therapy board. These boards have very specific reasons for being set into place. Their responsibilities include monitoring regulations associated to the health professions and making sure all the staff has their license.
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If a complaint comes through the board against a certain staff member, it is looked at closely. This board is here to deal with the complaints and is significant when dealing with the acceptance and process of the civil complaint. There are many reasons that a grievance could be filed and if a license professional has done something illegal, there should be an affirmative action taken immediately. If a complaint is filed against one of the nursing staff members, a complaint forms ahs to be filled out at one of the board offices.
The complaint then gets submitted to the Board of Registered Nursing for an extensive examination. If deemed necessary, action could be taken against the nurse and a formal complaint filed for an investigation to be launched. There are rules and regulations to be followed when an ongoing investigation occurs. If a complaint gets filed, it is then sent to the board of Registered Nursing. They will send out a notice that a complaint has been filed within a 10 day period. The Department of Consumer Affairs Division of investigation then takes over and the board nursing consultants launches an extensive investigation.
During this investigation, if any evidence is found to be true, there will be a course of disciplinary action taken against the employee immediately. If the situation is severe, so will the disciplinary action against the employee. For instance, one could be put on probation, have their license suspended, or even taken away from them. There could even be criminal charges brought up against the employee (ncsbn, 2010). In the state of Arizona, the statute governing the professional practice with health care providers prohibit illegal liability for any and all licensed medical professional.
What this entails is damage that could occur from results of normal succession of medical conditions. There are times when criminal liability can occur if there is some misconduct or inappropriate conduct that comes from a licensed staff member. Medical malpractice can happen if a licensed staff member does not acknowledge and follow proper medical procedures and practice these guidelines that were set especially for them. In this specific profession, the guidelines that are set relate directly to principles, policy, procedures, and parameters that should be preceded at all times.
These rules have been developed and designed by a specific organization to be used by all practitioners within each profession (Diby, 2005). These practice guidelines are identified by the Institute of medicine and are deemed to be a systematically developed system that was designed to assist practitioner and patient decisions when making the right choice for specific clinical situations (Johnson & Feldman, 1995). The term practice guidelines can be a symbol for very dissimilar meanings.
Sometimes, revealing guidelines development can be different because of the names that are not alike for standards. The practice guidelines can be bendable over these set of rules that suggest practice patterns. These practices are established by experimenting and the results can be identical accept when it comes to economic or health penalty (Johnson & Feldman, 1995). The Tort law is in place to assure there is no unethical conduct that could cause obliteration. If this situation does arise, the employee is to make things rights in the best manner that they can.
The Tort law has inserted concepts of causality and fault into the law which made the courts relate monetary assumptions rather than from a having an actual foundation of theory. When a case comes along with such liability, the courts review what the employee’s fiscal status is and goes by that. In doing this, they take into consideration who is in better position to alleviate the risk. The health care employees are not always the one who are primarily responsible for fault until the case is reviewed in court. Once the court hears the case, hey can make a decision on who is to be held accountable for their actions. The practice guideline should always be followed in most situations. There are times when one may stray from these guidelines which is alright in some situations. In most medical practices, these guidelines have been formed in a vital and serious document that is called critical pathway documentation. This document delineates the main areas that are linked in managing different types of diseases. The pathways were cultivated by health care workers for all regulations that are related to a patients and their family.
The critical pathways contain local practices in the area that have a practice guideline list only a few unapproved options. (Johnson & Feldman, 1995). The medical practice principles can hurt or help health care workers. If an employee does not follow the guidelines, then the provider could end up paying the price for this grave error of judgment. The practice can be a good thing for the health care provider when looked at closely because of the fiscal status is set into place in a no fault standard. The providers in Arizona have a compliance guideline and medical practice guideline to follow by if a situation arises.
They are set up to protect the providers from criminal fault if a patient takes a turn for the worse. If someone does file a complaint against a nurse in the state of Arizona, the proper steps are followed. The Complaint Intake Unit is the first to be contacted where a divisional investigator will handle the case. The investigator will try and get as much information as possible from the person who has complained. The individual should write in detail what happened so that they are heard in a clear and concise manner.
They can be anonymous if they are scared or worried of the repercussions of the case. Regardless if their name is given or not, the investigator still takes the complaint very serious. If the individual does give their name, they will receive updates as the case is investigated. Arizona law does not allow fines to be imposed for health care workers overseen by this division. If the employee is found guilty, their license could be suspended or revoked. Once the decision has been rendered on the employee, they have a 30 grace period to file for an (ncsbn, 2010).
This appeal is called the Arizona Administrative Review Act and in certain situations, it has gone as far as the Supreme Court. In this paper, I have discussed four factors in this paper related to many issues that could arise with the regulation of healthcare professional in the state of Arizona. These factors are: the civil complaint process, the role of the regulatory agencies in the investigation of civil complaints, the determination of criminal liability along with the procedures that follow into place when an individual files criminal charges against a nurse.
In addition, this paper focuses on the licensed nurses in the state of Arizona and information that is relevant to registered nurses. References Diby, M. , Garnerin, P. , & Ricou, B. (2005, December). Harmonization of practice among different groups of caregivers. Journal of Nursing Care Quality, 20(4), 327-334. National Council of State Boards of Nursing Arizona (2010). Complaints. Retrieved December 12, 2010 from www. ncsbn. org Johnson, K. B. , & Feldman, M. J. (1995 December). Medical informatics and pediatrics: Decision-support systems. Archives of Pediatrics & Adolescent Medicine, 149, 1371.