Alabama Nurse Practice Act, The

Alabama Nurse,  Jun-Aug 2006  by Eddins, Don,  Roberson, Charlene

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Authored by: Don Eddins, JD, ASNA attorney and Charlene Roberson MEd, RN, BC, Director of Leadership Services, (authors have no vested interests)

Objectives: At the conclusion of this activity the participant should be able to:

1. State the difference between the Alabama Nurse Practice Act and the Alabama Board of Nursing Administrative Code.

2. List the parameters of nursing care as established by the Alabama Board of Nursing Administrative Code.

3. Practice nursing within the legal parameters of Alabama law.

Directions: Read the article carefully. Return the answer sheet printed at the end of the article and fill out all sections carefully. Mail to the address provided with the appropriate fee. Certificates will be mailed upon successful completion of the post-test and completion of the evaluation. You must score at least 80% to pass. Should you fail the test you will be notified and offered an opportunity to retake the test. All retakes will require an additional fee.

Contact Hour and Accreditation: This 2.0 contact hour activity is provided by the Alabama State Nurses Association, which is accredited as a provider of continuing education in nursing by the American Nurses Credentialing Center's Commission on Accreditation (ANCC) and the Alabama Board of Nursing. Valid through June 1, 2008.

Visit the following for information on the web:

http://www.abn.state.al.us/main/downloads/admincode/contents.html

(Alabama Board of Nursing Administrative Code)

http://www.abn.state.al.us/main/nurse-practice-act/ contents.html

(Alabama Board of Nursing Administrative Code)

A. The Nurse Practice Act

http://www.abn.state.al.us/main/nurse-practice-act/ contents.html

The practice of professional and practical nursing in the state is governed by the Alabama Nurse Practice Act (ANPA), which is found at section 34-21-1 and 34-21-2, Code of Alabama 1975. This law established a 13-member Board of Nursing (ABN) and gave the broad authority to promulgate rules and regulations, which govern the practice of nursing in Alabama.

The ABN is composed of eight registered nurses, four licensed practical nurses and one consumer. It is authorized to establish nursing standards and provide for licensure of individuals who meet and maintain these standards.

It has established procedures for denying, suspending, and revoking licenses of persons who fail to meet the standards as outlined in section 34-21-25, Code of Alabama 1975. The law states that action may be taken against licenses or licensees when the individual

is guilty of fraud or deceit in procuring or attempting to procure a license; has been convicted of a felony; is guilty of a crime involving moral turpitude or of gross immorality that would tend to bring reproach upon the nursing profession; is unfit or incompetent due to the use of alcohol, or is addicted to the use of habit-forming drugs to such an extent as to render him or her unsafe or unreliable as a licensee; has been convicted of any violation of a federal or state law relating to controlled substances; in guilty of unprofessional conduct of a character likely to deceive, defraud, or injure the public in matters pertaining to health or has willfully or repeatedly violated any of the provisions of this article, as defined by board rules and regulations.

In addition the ANPA states that the ABN shall investigate complaints against licensees and grant the individuals due process in licensure matters. The legislation provides for alternative discipline for persons who seek treatment for drug or alcohol problems.

Section 34-21-26, Code of Alabama 1975, declares the practice of nursing by an unlicensed person to be a "public nuisance" and gives the Board authority to seek an injunction against any person from practicing without a license.

Section 34-21-80 and 34-21-81 governs advance practice nursing by creating a Joint Committee of the State Board of Medical Examiners and the Board of Nursing for Advanced Practice Nurses. The law establishes collaborative practice procedures under which advanced practice nurses may work with physicians in establishing practices. The act allows advanced practice nurses to prescribe legend drugs (any drug, medicine, chemical, or poison having a label the words. Caution, Federal Law prohibits dispensing without prescription). In addition the advance practice nurse can not prescribe any drug, substance, or compound which is listed in Schedules I through V of the Alabama Uniform Controlled Substances Act.

B. The Alabama Board of Nursing Administrative Code

http://www.abn.state.al.us/main/downloads/admincode/con tents.html

While the ANPA provides a broad outline of authority, the specific implementation of the act is accomplished through the Alabama Board of Nursing Administrative Code, Chapter 610-X-l et seq. Alabama state law allows licensure agencies to adopt and promulgate rules governing professional practices. Examples include dealing with nursing education, licensure procedures, professional standards, disciplinary action, advanced practice, continuing education, and other matters.