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ROLE OF REGULATORY BODIES
INTRODUCTION
Health Professionals such as nurses doctors, Pharmacist and many
others are regulated and licensed by regulatory bodies as required by
provincial legislation. All nurses are required to be licensed to practice with
their designated provincial nursing regulatory body. Legal responsibility in
nursing practice is becoming of greater importance as each year passes. In
order to provide safe and competent nursing care an understanding of legal
boundaries is very essential. It is important to know the law in one state and
the authorities enforcing these laws.
VITAL ROLE OF REGULATORY BODIES
To ensure the public’s light to quality health care service.
To support and assist professional members.
Set and enforce standards of nursing practice.
Monitor and enforce standards for nursing education.
Monitor and enforce standards of nursing practice.
Set the requirements for registration of nursing professionals.
Nursing regulatory bodies also known as colleges or associations, are
responsible for the licensing of nurses with in their respective provinces
territory. The Nursing Regulatory bodies receives their authority from
legislation.
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MAJOR TYPES OF REGULATORY
BODIES
The central government.
The state government
Institutional Rules
Trained Nurses Association of India
International council for Nurses
American Nurses Association
Canadian Nurses Association
National League for Nursing
ROLE OF CENTRAL GOVERNMENT
The central government is a source of regulatory body in three ways,
through.
1) Government service conduct rules
2) The Indian Nursing council Act
3) The English law
THE GOVERNMENT SERVICE CONDUCT RULES
These are detailed rules of conduct for are government employees.
Examples of these are the requirement to maintain absolute integrity,
devotion to duty and high standards of moral behaviour. Only a few are
applicable to the nursing practice, but all would be applicable to the practice
of a nurse employed by the government.
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INDIAN NURSING COUNCIL ACT
The Indian Nursing Council, which was authorised by the Indian
Nursing Council Act of 1947, was established In 1949 for the purpose
providing uniform standards in nursing education and reciprocity in nursing
registration throughout the country.
The only national legislation directly related to nursing practice, also
provides a basis from which rules for nursing practice can be developed.
Among other responsibilities, this Act gives authority to the Indian Nursing
Council for prescribing curricula for nursing education and recognising
qualifications of institutions with teaching programmes for nursing. This
means that the INC has authority to control nursing education and what
the nurse is prepared to do. It is important because legal responsibility does
finally depend upon what you should be able to do and how you should do it
as well as what you are not prepared to do. The INC uses this authority in
nursing education but it delegates authority for control of nursing practice to
the State Nurses’ Registration Councils.
INDIAN NURSING COUNCIL
The Indian Nursing Council was authorized by the Indian Nursing Act
of 1947. It was established in 1949 to providing uniform standards in nursing
education and reciprocity in nursing registration through out the country.
Nurses registered in one stat were not necessarily recognized for registration
in another state before this time. The Condition of mutual recognition by the
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state Nurses Registration Councils, which is called reciprocity, was possible
only if uniform standards of nursing education were maintained.
FUNCTIONS OF INC
1) It provide uniform standards of in nursing education and reciprocity in
nursing registration.
2) It has authority to prescribe curriculum for nursing education in all
states.
3) It has authority to recognize programme for nursing education or to
refuse recognition of a programme if it did not meet the standards
required by the council.
4) To provide the Registration of foreign nurses and for the maintance of
the Indian Nurses Register.
5) The INC authorizes State Nurses Registration Council and Examining
Board to issue qualifying certificates.
The INC has been given heavy responsibilities for nursing practice and
nursing education but it has not been able to exert enough power to
support high standards in nursing.
ENGLISH LAW
The law based upon the English Pattern is the third way in which the
Central Government is a source of legal authority. These laws are very
specific and make you “liable for negligence” or answerable to the laws
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for acts of carelessness. The laws summarised below are given for medical
practitioners including nurses.
1) The right to refuse to the treat a patient expect in an emergency
situation.
2) The right to sue for fees. (Applicable only to private duty nurse or
private practitioners: other nurses are salaried.)
3) The right to add a titile descriptions to one’s name. Any title,
description, abbreviation or letter which implies nolding a degree,
diploma, license or certificate showing particular qualifications may
be added. (Improper use of these is often prohibited by State Nurses
Registration Acts.) The right to wear the Red Cross Emblem is
given only to members of the Army medical service.
4) Unregistered practitioners are not allowed to hold positions or
appointments in public and local hospitals
5) Fundamental duties.
a) To exercise a reasonable degree of skill and knowledge in
treating patients. The standard held is that exercised by other
reputable members of the same profession in similar
circumstances.
b) Once a relationship to a patient has been established, there is
an obligation to attend the patient as long as necessary unless
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the patient requests withdrawal or notice is given of intention
to withdraw.
c) A practitioner must give personal attention to his cases and
answer calls with reasonable promptness.
d) Children must be protected from harming themselves.
e) Special precautions must be taken in the case of adults who
are incapable of taking care of themselves.
6) The Indian Penal Code demands that poisonous drugs be kept in
separate containers properly labeled and marked. Care must be
taken not to mix with nonpoisonous drugs.
7) There is a duty of secrecy to the patients. Records must be treated
as confidential unless the practitioner is called upon to give
evidence in court.
8) Dangerous diseases must be reported. (Theses will vary in
different parts of the country.)
9) Nurses as considered solely responsible for their own
professional acts irrespective of the employing authority.
A fine is the usual penalty imposed for disobeying the law stated
above, although imprisonment is also possible.
The central responsibility consists mainly of Policy making, palnning,
guiding, assisting evaluating and Co. ordinating the work.
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THE OFFICIAL ORGAN OF HEALTH SYSTEM AT THE
NATIONAL LEVEL
Ministry of health and family welfare
The directorate general of health service
The central council of health and family welfare.
FUNCTIONS OF MINISTRY OF HEALTH AND FAMILY WELFARE
International health relations and administration of port quarantine
Administration of the central institute such as All India Institute of
hygiene and public health, Kolkata, National institute for the control of
communicable disease, Delhi
Promotion and development of medical, pharmaceutical, dental and
nursing professions
Establishment and maintenance of drug standards
Census, and collections and publication of other statistical data
Immigration and emigration
Regulation of labour in the working of mines and oil fields
Co. ordination with states and with other ministry for the promotion of
health
CONCURRENT LIST
The functions listed under this are the responsibility of both ccentral
and state government.
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1) Prevention of extension of communicable disease from one unit to
another
2) Prevention of adulteration of food stuffs
3) Control of rugs and poisons
4) Vital statistics
5) Labour welfare
6) Ports other their major
7) Economic and social planning
8) Population control and Family planning
DIRECTORATE GENERAL OF HEALTH SERVICE
Functions:
1) International health relations and quarantine of all major ports in the
country and international airport
2) Control of drug standards
3) Medical stone depots are maintained
4) Administration of post graduate training programes
5) Administration of certain medical colleges in India
6) Conducting Medical Research through Indian council of medical
Research
7) Central Government health schemes
8) Implementation of national health programs
9) Maintaing the central health education Bureau
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10) Health intelligence to centralize collection compilation, analysis,
evaluation and dissemination of all information on health statistics for
the nation as a whole
11) Maintaining and Administering the National Medical Library.
CENTRAL COUNCIL OF HEALTH
Functions:
1) To consider and recommend broad outline of policy regard to matters
concerning health like environmental hygiene, nutrition and health
Education, provision of remedical and preventive care.
2) To make proposals for legislation relating to medical and public health
matters
3) To make recommendation to the central government regarding
distribution of available grants-in-aid for health purposes
ROLE OF STATE GOVERNMENT
The state government controls nursing practice through the state
Nurses Registration Acts. The state Nurses Registration Councils have
authority to prescribe rules of conduct, to take disciplinary action and to
maintain registers of nurses. Except for the uniform standards given by the
INC, the state nurse practice act is the important law affecting one nursing
practice act that protect the public by broadly defining the legal scope of
nursing practice.
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Functions:
1) It registers Nurse / Midwives
2) It serves as legal protections to the nurse
3) It protect the public from incompetent nursing practice or poor nursing
care
4) It accredits and inspects schools of nursing and college of nursing
5) It prescribes the rules of conduct, table disciplinary action
6) It takes united efforts to elevate the standards of nursing
7) It works for the welfare of the members
UNETHICAL PRACTICES COMMONLY PROHIBITED BY STATE
The dishonest use of certificate
Procuring registration by false means
Falsification of the register
Representation of registration by an unrecognised person
Representation of a registrant as a medical practitioner
Many states prohibit an unregistered person from holding a nursing
position in an institution wholly or partially supported by government funds.
Some states prohibit practice of any unregistered nurse.
A fine is the usual penalty imposed for disobeying the laws stated
above although imprisonment is also possible. In actual practice, the state
Council often delegates responsibility for the supervision of nurses to local
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authorities such as the District Civil Surgeon or a board appointed for this
purpose.
The Trained Nurses’ Association of India bases its standards for
conduct of professional nurses upon the International Code for Nurses.
INSTITUTION RULES
Institution acts as a regulatory body for all employees by formulating
some rules and regulation Professional rules of conduct may be stated by the
institution regarding conditions of agreement for employment such as periods
of time needed when giving notification of registration.
TRAINED NURSES ASSOCIATION OF INDIA
TNAI means Trained Nurses Association of India, is a national
professional association of nurses. The level of organization moves to the
district, state and national levels. Members of TNAI are usually most active
on the level of the local unit. Activities and conference however are planned
regularly by the state branches and provide opportunities for valuable
professional participation and development of the individual member.
Functions:
Up grading development and standardization of nursing education
Improvement of living and working condition for nurses in India
Registration for qualified nurses
It has promoted the development of courses in higher education for
nurses
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It gives scholarships for nurses who wish to go on for advanced study
Helped to organize the state nurse and midwives Registration Council
Helps to develop leadership ability
Helps to share and solve professional problems
Helped to remove discrimination against male nurses
Helped to improve economic conditions for nurses
The official organ of TNAI is the Nursing journal of India which is
published monthly
THE INTERNATIONAL COUNCIL OF NURSE
The International council of nurses, founded in 1899 by Mrs.Bedford
Fenwick, is a federation of non-political and self- governing national nurses
association. The head quarters are in Geneva, Switzerland.
The main purpose of the ICN is to provide a mean through which the
national associations can share their interest in the promotion of health and
care of the sick.
Functions:
1) To promote the development of strong national nurses associations
2) To assist national nurses association to improve the standards of
nursing and the competencies of nurses
3) To assist national nurses associations to improve the status of nurses
within their countries.
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4) To serve as the authoritative voice for nurse and nursing
internationally.
The international council of nurses is the global voice of nursing. The
governing body of the ICN is the council of national representative which is
made up of the ICN Honorary officers and the presidents of the national
members associations.
The ICN code of ethics for nurses has four principles elements.
Elements of the code:
NURSES AND PEOPLE
The nurses primary responsibility is to people requiring nursing care.
In providing care, the nurse promotes an environment in which the human
rights, values customs and spiritual belief of the individual, family and
community are respected.
The nurse ensures that the individual receives sufficient information on
which to base consent for care and related treatment.
The nurse hold in confidence personal information and uses judgement
in sharing this information.
The nurse shares with society the responsibility for initiating and
supporting action to meet the health and social needs of the public in
particular those of vulnerable populations.
The nurses also hares responsibility to sustain and protect the natural
environment from depletion, pollution, degradation and destruction.
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NURSE AND PRACTICE
The nurse carries personal responsibility and accountability for nursing
practice, and for maintaining competence by continual learning.
The nurse maintains a standard of personal health. Such that the ability
to provide care is not compromised.
The nurse uses judgments regarding individual competence when
accepting and delegating responsibility.
The nurses at all times maintains standards of personal conduct which
respect well on the profession and enhance public confidence.
The nurse, in providing care ensures that uses of technology and
scientific advances are compatible with safety, dignity and rights of people.
NURSES AND THE PROFESSION
The nurses assumes the major role in determining and implanting
acceptable standards of clinical nursing practice, managent research and
education.
The nurse is active is developing a core of research-based professional
knowledge.
The nurse, acting through the professional organization, participate in
creating and maintaining safe, equitable social and economic working
conditions in nursing.
NURSES AND CO-WORKERS
The nurse sustains a co operative relationship with co-workers in
nursing and other field.
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The nurse takes appropriate action to safeguard individuals, families
and communities when their health is endangered by a co-workers or any
other person.
AMERICAN NURSES ASSOCIATION
The ANA is the professional organization for registered nurses in the
united states to advance and protect the profession of nursing the purpose of
ANA are;
- To work for the improvement of health standards and the
availability of health care services for all people.
- To foster high standards of nursing and to stimulate and
promote the professional development of nurses and advances
their economic and general welfare.
Functions:
Accredits containing education programs
Provide certification for individual registered nurse
Supplies data for research analysis.
Provide public policy analysis and political education and maintains
government relations and political action activities.
Implements an economic and general welfare program.
Publishes a variety of publications including the American Nurses
Holds conferences and a biennial convention.
They are responsible for creating code of ethics for nurses.
1. The nurse, in all professional relationships, practice with compassion
and respect for the inherent dignity, worth and uniqueness of every
individuals, unrestricted by considerations of social or economic
status, personal attributes or the nature of health problems.
2. The nurse’s primary commitment is to patient whether an individual,
family, group or community.
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3. The nurse promotes advocates for and strives to protect the health,
safety and rights of the patient.
4. The nurse is responsible and accountable for individual nursing
practice and determines the appropriate delegation of tasks consistent
with the nurses obligation to provide optimum patient care.
5. The nurse owes the same duties to self as to other including the
responsibility to preserve integrity, to maintain competence, and to
continue personal and professional growth.
6. The nurse participates in establishing maintaining and improving
health care environment and improving health care environment and
conditions of employments conducive to the provision of quality
health care and consistent with the values of the profession through
individual and collective action.
7. The nurse participates in the advancement of the profession through
contributions to practice, education, administration and acknowledge
development.
8. The nurse collaborates with other health professionals and with the
public in promoting community, national and international efforts to
meet health needs.
9. The profession of nursing as represented by associations and their
members is responsible for the articulating of nursing values, for
maintaining the integrity of the profession and its practice, and for
shaping social policy.
CANADIAN NURSES ASSOCIATION
It is the national nursing association of Canada. The Canadian Nurses
Association has developed national standards and a code of ethics and it
offers support to all professional associations. Though this foundation
research grants, fellowships and scholarships and offered to Canadian Nurses.
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The nursing profession in Canada is regulated in the public interest
meaning that a person is not allowed to work in a nursing job or even use the
little “nurse” unless he/she is registered with a provincial regulatory
authority.
Functions
Regulating nursing education standards for nursing programs.
Setting criteria for admission to the professional
Setting standards for practice
Acting on complaints from the public
Disciplining members who fail to meet the necessary standards of life
practice.
Providing support for nursing practice to registered members.
NATIONAL LEAGUE FOR NURSING
The mission of the national league for nursing is to advance the
promotion of health and the provision of quality health care within a
changing health care environment by promoting and monitoring effective
nursing education and practice through collaborative efforts of nursing
leaders, representatives of relevant agencies, and the general public.
Functions
Strengthen nursing’s role in the promotion of quality health care that is
both accessible and affordable.
Promote quality in nursing practice.
Assure quality in nursing education.
Enhance the consumer involvement in attaining the goals of the
organization.
Develop creative and collaborative approaches to the resolution of
health care problems.
Restructure the organization to provide flexibility for fixture growth
and development.
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Ensure the financial solvency of the organization.
The NLN is recognized in the united states as the national accrediting
body for all basic nursing education, programs, as well as for masters degree
nursing programs.
Provide peers-review accreditation programs for home health agencies
and community nursing service.
Provide consultation services, continuing education, programs,
analysis of statistical data related to nursing education and a variety of
information package to affect recruitment image and legislative affairs.
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CONCLUSION
The provincial regulatory bodies have responsibility for monitoring
and approving nursing education. All nursing education programs must
prove that their nursing curriculum. Prepares graduates to practice
professionally and meet the required standards and competencies. The
government sets out the legislation for the protection of the public it is the
nurses themselves who carry out this legislation under the specific mandate
and structure required by the law.
A.V. AIDS USED
Power point, OHP, Chart.
BIBLIOGRAPHY
BOOK REFERENCES
Ann. J. Zwemer (1995), Text Book of Professional Adjustments
and Ethics for Nurses In India, Sixth edition, B.I. Publications,
Madras, p.no: 139 – 147.
Grace L. Deloughery ( ), Issue and Trends in Nursing, third
edition Mos by company publications, p.no.91-92.
Joanne Come Mecloskey, Helan Kennedy, ( ), Current Issues in
Nursing, third edition, C.V. Mosby company publications, p.no. 45,
116, 472-476.
K. Park, (2002), Text Book of Preventive and Social Medicine,
Seventh edition Banarsidas Bhanot Publication, p.no. 640.
Mary Lucita, ( ), Nursing Practice and Public Health
Administration Current Concepts and Trends, Second edition,
Elsevier publications, New Delhi, p.no.169.
Susan Leddy J. Mae, ( ), Conceptual Basis of Professional
Nursing, Second edition, J.B. Company publication, p.no.31-34.
Taylor Carol (2008), Text Book of Fundamentals of Nursing /
The Art and Science of Nursing Care, Vol. 1, Sixth edition,
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Lippin Cott Williams and Wilkins Publications, Philadelphia, p.no.
123.
JOURNALS
Regulatory Model on Transitioning Nurses From Education to
practice, Nancy Spector, Sulling Li, Joan’s Health Care Law, ethics
and Regulation / volume 9 No.1 January – March, 2007, p.no.19 – 22.
Issues of Accreditation, A Deans Perspective, Collins, online journal
of issues in nursing volume 2, No.3.
The Tri Council for Nursing: Barbara, K. Redman, Geradline, 15
Years of Fruitful Co-operation Nursing Outlook, Vol. 39, No.3, p.128-
138.
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