Avoiding Liability Bulletin – April 1, 2014

As you already know, there are many, many sources of information on the Internet that pertains to the legal and ethical aspects of your practice.  However, some are more trusted and more acceptable than others.

Information can be posted about these topics with little, if any, solid documentation behind the sites.  So, it is essential that when you are looking for information about your practice, educational opportunities, and the like, you use resources that are reputable, accepted, and provide up-to-date information.

Here are a few of the many sites I utilize regularly for keeping up with current issues in nursing and in law.  I hope they are helpful to you as well.

  1. American Nurses Association—  www.nursingworld.org .  This site provides ANA Position Statements, articles of interest, legislative information, and links to other helpful websites, including its Online Journal of Issues in Nursing.
  2. American Society of Healthcare Risk Management— http://www.ashrm.org/ .  This site includes useful information on risk management in healthcare, including its Patient Safety Portal that has links to many topics on patient safety for nurses and other health care professionals.
  3. CRICO-Nursing— www.rmf.harvard.edu/Clinician-Resources/Specialty-Reference-Tag/Nursing . This site includes case studies on nursing malpractice and regularly changed articles on nursing practice and the law.
  4. Findlaw — http://www.findlaw.com/.  This site allows you to search for state and federal laws, decisions of court cases, and search other legal resources.
  5. Institute for Safe Medication Practiceswww.ismp.org .  The Institute’s site includes the feature Medication Safety Tools and Resources and provides an email news – letter for nurses called Nurse Advise ERR.
  6. The National Academy of Medicine (Formerly known as the Institute of Medicine) http://www.nationalacademies.org/hmd/ .
  7. Joint Commission on Accreditation of Health Care Organizations—  www.jcaho.org The Commission website has a wealth of information on its standards, its accreditation and certification process, sentinel events, its requirements, and a section on information for nurses.
  8. National Council of State Boards of Nursingwww.ncsbn.org .The Council presents a wealth of information on nursing practice and nursing practice issues, the Nurse Licensure Compact, information on nursing regulation, and a link to its journal, The Journal of Nursing Regulation.
  9. Vanderbilt University Center for Ethics – https://medicineandpublichealth.vanderbilt.edu/cbmes/. The Center has a link to many excellent nursing ethics resources.

Happy Surfing!

THIS BULLETIN IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT TO BE TAKEN AS SPECIFIC LEGAL OR OTHER ADVICE BY THE READER.  IF LEGAL OR OTHER ADVICE IS NEEDED, THE READER IS ENCOURAGED TO SEEK ADVICE FROM A COMPETENT PROFESSIONAL.

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About the Author

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Nancy Brent

Nancy J. Brent, RN, MS, JD, a nurse attorney in private law practice in Wilmette, IL, represents nurses and other health care providers before the state agency that regulates health professionals. Brent graduated from Loyola University of Chicago School of Law in 1981. Her experience prior to opening her private practice included a year of insurance defense for a major insurance company and establishing a law firm with two other attorneys. After three years of doing defense work at the firm, Brent decided to establish a private practice in 1986. Brent has published extensively and has lectured across the country in the area of law and nursing practice. She is a member of several legal and nursing professional associations, including the American Nurses Association, Sigma Theta Tau International Honor Society of Nursing, the Illinois State Bar Association, and The American Association of Nurse Attorneys (TAANA).

Avoiding Liability Bulletin – April 2014

You may have been practicing in the Perioperative nursing area for some time and have decided to take on a “new” role, that of RN First Assistant. RN First Assistants function in an expanded role and work in collaboration with the surgeon and other Perioperative health team members. The RNFA practices at the direction of the surgeon. RN First Assistants do not function as a scrub nurse nor the “instrument nurse” at the same time they perform in the role of RNFA.1

As you have probably heard, you cannot just “declare” yourself an RN First Assistant. You must complete an educational, formal post-basic nursing course that is approved by the state board of nursing, whether through a private entity or through an approved course in an accredited college or university. Certification as a CNOR or APRN is also required.2 And, by January 1, 2020, the Association of peri-Operative Registered Nurses will require that the educational level for entry into an RNFA program, and subsequent practice, be the baccalaureate degree.3

The Association has also defined the RN First Assistant’s scope of practice. Although the scope will vary depending on state nurse practice act requirements, patient populations and an institution’s policy, some of the RNFA’s functions include preoperative patient management in collaboration with other health care providers, intraoperative techniques such as suturing, handling and/or cutting tissue, and postoperative patient management in collaboration with other health team members.4

Clinical privileges for the RNFA is also recommended. The clinical privileging process should include verifying individual RNFA qualifications, defining lines of accountability, and verifying the RNFA’s physical ability to perform the role.5

If you decide to undertake the role of the RNFA, there are a number of guidelines to consider, including:

  • Be certain to carefully analyze any educational program for the role, ensuring that it meets AORN requirements;
  • Determine the need for this role in the state in which you practice or one to which you are considering relocating;
  • Carefully consider obtaining your baccalaureate degree before beginning your education as a RNFA;
  • Obtain certification as required for the RNFA;
  • When practicing in this role, carefully review your state nurse practice act and its rules for established requirements for the role and your role as an RN generally;
  • Purchase professional liability insurance for your practice as an RNFA;
  • Stay within the parameters of your scope of practice;
  • When in the RNFA role, do not undertake any other roles in the operating room, including the scrub or instrument nurse role;
  • Keep up to date with certification and continuing education requirements of the role and of your state nurse practice act;
  • Apply for clinical privileges in the facility in which you function as a RNFA;
  • Understand reimbursement processes for your role as a RNFA; and
  • Join and be an active participant in the Association of per-Operative RNs.

FOOTNOTES

1. Association of peri-Operative Nurses. Registered Nurse First Assistant. Available at http://www.aorn.org/Clinical_Practice/RNFA-Resources/First-Assisting_(RNFA).aspx . Accessed March 31, 2014.
2. Association of peri-Operative Nurses (2013). AORN Position Statement on RN First Assistants. ( Available at above link).
3. Id.
4. Id.
5. Id.

THIS BULLETIN IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT TO BE TAKEN AS SPECIFIC LEGAL OR OTHER ADVICE BY THE READER. IF LEGAL OR OTHER ADVICE IS NEEDED, THE READER IS ENCOURAGE SEEK ADVICE FROM A COMPETENT PROFESSIONAL.

Download PDF
CPH Insurance

Protect yourself with CPH Insurance.

Get a quote & apply online.

About the Author

Avatar photo

Nancy Brent

Nancy J. Brent, RN, MS, JD, a nurse attorney in private law practice in Wilmette, IL, represents nurses and other health care providers before the state agency that regulates health professionals. Brent graduated from Loyola University of Chicago School of Law in 1981. Her experience prior to opening her private practice included a year of insurance defense for a major insurance company and establishing a law firm with two other attorneys. After three years of doing defense work at the firm, Brent decided to establish a private practice in 1986. Brent has published extensively and has lectured across the country in the area of law and nursing practice. She is a member of several legal and nursing professional associations, including the American Nurses Association, Sigma Theta Tau International Honor Society of Nursing, the Illinois State Bar Association, and The American Association of Nurse Attorneys (TAANA).