Advanced Practice Registered Nurses Full Practice Authority

The U.S. Department of Veteran Affairs (VA) recently proposed a rule which would allow Advanced Practice Registered Nurses (APRN) full practice authority when they are acting within the scope of their VA employment. Full practice authority means that APRNs would be able to evaluate patients, diagnose, order and interpret tests, prescribe medications and manage treatments. There are several types of APRNs: Certified Nurse Practitioner, Clinical Nurse Specialist, Certified Registered Nurse Anesthetist and Certified Nurse Midwife; each must be nationally certified to be employed by the VA.

The rule was proposed to ostensibly improve veteran access to care and resources.

THE VA SEEKS TO INCREASE VETERAN CARE AND RESOURCES AVAILABLE

Under current law, APRNs are not permitted full practice authority and must be supervised by a physician when administering certain treatments and care. Supporters of the proposed rule argue that the quality of healthcare provided is often lacking due to a shortage of personnel. Hence, if APRNs were allowed full practice authority, then veterans would have greater access to healthcare.

When a federal agency proposes a rule, it must provide a period for public comment. After the period for public comment closes, the agency must base its decision on whether or not to adopt the rule as policy and consider comments it received. If commentary provides new data that causes the agency to amend the rule substantially, then it must provide a new comment period based on the supplemental proposed rule.

THE GEORGIA COMPOSITE MEDICAL BOARD FEELS A PHYSICIAN-NURSE TEAM APPROACH IS BEST

While the proposed rule to allow APRNs full practice authority in the course of VA employment has received positive support from the American Nursing Association, the Georgia Composite Medical Board (GCMB) has not agreed. The GCMB states in its comment to the VA proposed rule that the rule would allow APRNs to provide services without clinical oversight of a physician and, under current Georgia law, APRNs already have the capacity to perform many of the actions that would be granted under the new VA rule.

Citing a team-based care approach, the GCMB argues that eliminating the doctor/nurse team would create a dangerous level of care and place veterans at increased.

Levy Pruett Cullen is dedicated to the defense of licensed professionals not only in court, but in administrative proceedings and employee actions before the VA as well. A substantial aspect of competent legal defense is staying current with all laws affecting your professional license. Our expertise in the highly specialized field of professional license defense means we will always be abreast of current laws and proposed changes at every level of government. If your professional license is at stake due to mistake, criminal conduct or otherwise, please contact us today.

When medical students begin the arduous process of earning their Medical Degree, they take an oath. The Hippocratic Oath is one of the world's oldest medical texts and, in its modern adaptation, it provides in part that a physician "will apply, for the benefit of the sick, all measures which are required..."

A doctor is tasked with the duty of making the best decisions for his or her patients. There are times, however, when regulations and laws appear to get in the way of a patient's best treatment option. The practice of medicine is one of the most regulated professions in the United States, and as such, it should come as no surprise that occasionally a medical professional must make a decision to either follow the letter of the law or bend the rules and provide a patient with the care she or he has deemed necessary for the patient's care.

Examples of rule bending in the medical profession can vary widely. For example, a pharmacist may decide to give a patient a few extra pills to hold the patient over until his prescription is renewed. In the state of Georgia, a pharmacist is not allowed to write prescriptions. Or a medical doctor may bend the rules of a clinical trial to get his or her patient on the list, even though this is prohibited.

In the State of Georgia, Advanced Practice Registered Nurses (APRNs) are prohibited from providing many aspects of patient care unless a supervisory physician has delegated the task to them. For example, an APRN is not allowed to order certain types of testing without doctor approval. This restriction may at times cause the APRN to have to choose between ordering a test the nurse deems immediately necessary or waiting to first obtain appropriate permission.

Rule Bending Can Result in License Revocation Or Worse

Rules and laws are put into place not only to prevent harmful behavior, but also to develop a consistent standard of care among all professionals. Medical malpractice lawsuits often hinge upon whether or not a medical professional followed the accepted and appropriate standard of care when treating a patient.

The penalties for professionals who are found to have "bent the rules" can be severe. It is a criminal offense to provide an individual with a controlled substance if they do not have a valid prescription. You might be risking your license, or worse, you could end up in prison for something that you thought was in the best interest of a patient.

IT IS NEVER TOO SOON TO CONSULT AN ATTORNEY

Levy Pruett Cullen specializes in the needs of licensed professionals in Georgia, aiding clients in balancing their practice with state and federal regulations. Many often think attorneys are there for you after you are the subject of an investigation, but legal counsel can be an invaluable tool at any time during your practice. Oftentimes medical professionals bend the rules because they misunderstand them or because they do not realize the penalties associated with deviating from the rules. If you are facing investigation, or if you are unsure whether or not your actions may result in disciplinary action, please call us today.