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Chapter 05: Regulation of the Nursing Profession

Keatings: Ethical & Legal Issues in Canadian Nursing, 4th Edition

Multiple Choice

1. Which of the following is an aspect of self-regulation?

a. Setting standards of entry into a profession b. Representing coworkers during disciplinary meetings with an employer c. Self-evaluating practice d. Determining expectations regarding scheduling practices

ANS: A

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A Correct! Self-regulation is a privilege granted to a profession by a provincial or territorial government. Setting standards of entry into the profession is one aspect of self-regulation.

B Incorrect This is usually the responsibility of a labour union.

C Incorrect The “self” in “self-regulation” refers to the profession as a whole, not the individual worker.

D Incorrect Negotiating working conditions is the responsibility of a labour union.

DIF: Cognitive level: Knowledge a. A provincial regulatory body b. A national nursing association c. A nurse practitioner regulation d. The Criminal Code of Canada

2. Which of the following clarifies the nature and scope of nursing practice?

ANS: A

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A Correct! A provincial regulatory body (or the legislation under which it falls) will describe and define the nature and scope of nursing practice.

B Incorrect A national nursing association has no direct regulatory role regarding the nature and scope of nursing practice.

C Incorrect A nurse practitioner regulation identifies the scope of a specific category of nurse but does not clarify the nature and scope of nursing practice.

D Incorrect The Criminal Code of Canada may deal with extreme violations of nursing practice (indictable offenses, such as criminal negligence) but does not clarify the nature and scope of nursing practice.

DIF: Cognitive level: Analysis a. A two-tier system ensures due process in the complaint resolution process. b. A single-tier system does not deal with complaints about a nurse’s practice. c. A single-tier system is not self-regulatory. d. A two-tier system has a regulatory branch underneath a higher level body.

3. What is the main difference between a two-tier regulatory system for nurses and a single-tier system?

ANS: D

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A Incorrect Whether a system is two-tier or single-tier is irrelevant to due process.

B Incorrect Both single-tier and two-tier systems have mechanisms for managing complaints about a registrant’s practice.

C Incorrect Both single-tier and two-tier systems are based on self-regulation.

D Correct! A two-tier system has a regulatory branch underneath a higher level body. The higher level body may be involved with complaints and appeal and may have a broader scope than nursing alone. In a single-tier system, a provincially created regulatory body has a complete legislative mandate.

DIF: Cognitive level: Comprehension a. The regulation of nursing education b. The promotion and advancement of nursing regulation issues on a national level c. The day-to-day governance of the affairs of the regulatory body d. The support of a high-quality and publicly funded health system

4. Which of the following is an objective of a nursing regulatory body?

ANS: A

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A Correct! Regulating education, nursing roles, scope of practice, entry into the profession, standards of practice, complaints processes, and discipline of members are all objectives of a nursing regulatory body.

B Incorrect This is a national role of the Canadian Nurses Association.

C Incorrect This is the role of the Board of Directors for the regulatory body.

D Incorrect This is a national role of the Canadian Nurses Association.

DIF: Cognitive level: Analysis a. Professional negligence b. Professional incompetence c. Professional misrepresentation d. Professional misconduct

5. A nurse who continues to practise while under suspension is guilty of which of the following?

ANS: D Feedback

A Incorrect Professional negligence is an error or omission during care, resulting in harm to the client; this does not describe what this nurse is doing.

B Incorrect “Professional incompetence” is not a term used in nursing.

C Incorrect A nurse under suspension is not allowed to practise as a nurse. The person in this context is misrepresenting himself or herself, and this constitutes professional misconduct.

D Correct! Under most provincial laws, a nurse who continues to practise while under suspension is guilty of professional misconduct.

DIF: Cognitive level: Synthesis a. Complaint, investigation, interim investigation, disciplinary committee b. Complaint, disciplinary committee, investigation, discipline c. Interim investigation, complaint, investigation, discipline d. Discipline, complaint, interim investigation, investigation

6. Which of the following sequence best describes the investigation process of disciplinary and competency matters?

ANS: A

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A Correct! A written complaint relating to alleged professional misconduct is received by the regulatory body. A preliminary investigation verifies if the complaint is well founded. If the complaint is well founded, it is referred for an interim investigation to a disciplinary committee or professional conduct committee. Before a hearing is scheduled to consider the matter, the disciplinary committee will notify the nurse against whom the claim was brought. After hearing the evidence, the committee will make its decision.

B Incorrect This is not the correct sequence.

C Incorrect This is not the correct sequence.

D Incorrect This is not the correct sequence.

DIF: Cognitive level: Synthesis a. Assignment b. Delegation c. Reassignment d. Regulation

7. A nurse teaches an unregulated care provider to administer medication through a nasogastric tube. Which of the following terms describes this nurse’s actions?

ANS: B

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A Incorrect Assignment means assigning skills or tasks that fall within an individual’s scope of practice; this does not describe what this nurse is doing.

B Correct! Enabling a nonqualified person (through a prescribed process that includes teaching and supervision) to perform specific controlled acts is referred to as delegation.

C Incorrect Reassignment means to change the assignment of skills or tasks that fall within an individual’s scope of practice; this does not describe what this nurse is doing.

D Incorrect Regulation is not involved in this scenario because the care provider in question is unregulated.

DIF: Cognitive level: Application a. To exclude anyone with a criminal record from practising nursing or entering the profession b. To avoid threats to the safety of vulnerable patients c. To identify those at risk for misappropriating narcotics d. To keep records on the number of nurses with criminal records

8. What is the main purpose of having nursing students and nurses seeking employment complete a criminal background check?

ANS: B

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A Incorrect Depending on the crime or crimes committed, a nurse with a criminal record may still practise.

B Correct! A person would be excluded from the profession of nursing if the criminal record indicates a potential threat to the safety of vulnerable people.

C Incorrect This is not a goal of a criminal background check.

D Incorrect This is not a goal of a criminal background check.

DIF: Cognitive level: Analysis a. RNs work in complex environments, such as pediatrics, critical care, psychiatry, and dialysis. b. LPNs care for less complex and more predictable client populations. However, this is dependent on other factors, such as the environment, their level of knowledge, and access to expert resources. c. Both RNs and LPNs can join the extended class. d. RNs can work in the capacity of an LPN.

9. Which of the following best describes the differences between registered nurses (RNs) and licensed practical nurses (LPNs)?

ANS: B

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A Incorrect With the appropriate education and immediate access to expert resources, LPNs are able to work in complex environments.

B Correct! LPNs care for less complex and predictable client populations.

C Incorrect Only RNs can join the extended class.

D Incorrect An RN may fill the position of an LPN position; however, unless they have dual registration, they cannot use that title and are held accountable as an RN.

DIF: Cognitive level: Analysis a. When a nurse is terminated as a result of re-structuring b. When a nurse fails a test at the end of the orientation period c. When a nurse engages in a sexual relationship with another member of the team

10. Regulatory bodies have established mandatory reporting requirements that include which of the following?

(e.g., a physician) d. When a nurse makes repeated medication errors and the employer has initiated a disciplinary process

ANS: D

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A Incorrect This is a human resource issue and is based on union processes not any practice issues.

B Incorrect This might require an additional learning plan and an extension of orientation for this nurse but, at this point, does not necessarily indicate incompetence.

C Incorrect This is an internal human resource issue if it affects the dynamics of the team. It would also be appropriate for the nurse to disclose this to his or her manager to mitigate any conflict-of-interest concerns.

D Correct! Although the College expects to be notified when an employer initiates a disciplinary process, it also expects the employer to manage professional competence and conduct issues through internal human resource processes.

DIF: Cognitive level: Analysis

TRUE/FALSE

1. Professional standards and practice standards of a nursing regulatory body describe the ability and functioning of the majority of registrants.

ANS: F

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Correct The standards describe the minimum expectations of registrants; however, the majority of registrants exceed the minimum expectations for practice. Incorrect The standards describe the minimum expectations of registrants; however, the majority of registrants exceed the minimum expectations for practice.

DIF: Cognitive level: Synthesis

2. The use of a registration process assures the public that nurses meet appropriate standards and can practise safely.

ANS: T

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Correct Through registration, the member is recognized as a person who is then authorized to practise nursing in the particular province or territory concerned. The use of registration assures the public that nurses meet appropriate standards and can practise safely. The public can verify the registration of a nurse online.

Incorrect This statement is true.

DIF: Cognitive level: Analysis

3. The investigation of a nurse’s fitness and capacity to practise indicates a likelihood of professional misconduct.

ANS: F Feedback

Correct Investigation may reveal concern about a nurse’s physical or mental abilities, but does not necessarily indicate incompetence or misconduct. Physical or psychological examinations may be required.

Incorrect There are numerous reasons for investigation, so this is not necessarily a true statement.

DIF: Cognitive level: Comprehension

4. The terms “controlled acts” and “reserved acts” are specific to the nursing profession.

ANS: F Feedback

Correct Several professions may have some controlled, reserved, or restricted acts (medical actions and procedures that may be performed, and who may perform or delegate them; the terms vary, depending on the province) in common. For example, some controlled acts and reserved acts are common to both physicians and nurses.

Incorrect This statement is false. A controlled act or reserved act may be common to several different health care professions.

DIF: Cognitive level: Comprehension

5. The primary purpose of nursing regulatory bodies is the protection of the public.

ANS: T Feedback

Correct As Canadians become more aware of their legal rights, they question the ability of health care professionals to regulate themselves in the public interest. Thus, the primary purpose of nursing regulatory bodies is to serve as a watchdog and to promote the welfare of the public.

Incorrect The primary purpose of nursing regulatory bodies is the protection of the public.

DIF: Cognitive level: Comprehension

6. Regulatory bodies are responsible for maintaining processes to support the evaluation of the ongoing competence of nurses.

ANS: T Feedback

Correct Regulatory bodies are responsible for introducing and maintaining mechanisms or processes to evaluate the ongoing competence of nurses.

Incorrect This statement is true.

DIF: Cognitive level: Comprehension

7. The penalty for a nurse found guilty of professional misconduct is revocation of the nurse’s right to practise and expulsion from the regulatory body.

ANS: F Feedback

Correct The penalty depends on the seriousness of the offense and the extent the nurse is accountable and remorseful. Penalties may include fines, censure, conditions on practice, or suspension for a specified period.

Incorrect This statement is false.

DIF: Cognitive level: Comprehension

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