From the Guidelines
Advanced Practice Nurses (APNs) must prioritize maintaining appropriate licensure, certification, and credentialing while practicing within their defined scope of practice as determined by state laws and regulations to minimize legal risks and ensure high-quality patient care. APNs face several significant legal issues in the workplace that require careful navigation, including maintaining clear professional boundaries, obtaining informed consent from patients, adhering to privacy laws like HIPAA, and maintaining comprehensive documentation of patient care 1.
Key Legal Considerations for APNs
- Maintaining appropriate licensure, certification, and credentialing
- Practicing within defined scope of practice as determined by state laws and regulations
- Maintaining clear professional boundaries
- Obtaining informed consent from patients
- Adhering to privacy laws like HIPAA
- Maintaining comprehensive documentation of patient care
- Understanding prescriptive authority and limitations regarding medication prescribing
- Collaborative practice agreements with physicians (if required by state)
- Carrying appropriate professional liability insurance
Importance of Staying Informed
APNs must stay informed about evolving healthcare laws and regulations to ensure compliance and minimize legal risks. Regular consultation with legal counsel specializing in healthcare law can help APNs navigate complex legal situations and ensure compliance with all applicable laws and regulations 1.
Team-Based Care and Collaboration
APNs must be aware of their role within a team-based care model and understand the importance of collaboration and communication with other healthcare professionals, including physicians, to provide high-quality patient care 1. By prioritizing these legal considerations and staying informed, APNs can practice safely and effectively, minimizing legal risks and ensuring the best possible outcomes for their patients.
From the Research
Legal Issues of Advanced Practice Nursing in the Workplace
- The empowerment of nurses in advanced nursing practice begins with an understanding of the current legal status of the advanced nurse practitioner, as noted in a 1995 study 2.
- Reform regulations are needed to expand the role of the advanced nurse practitioner, and understanding these reforms is crucial for nurses to take measures to begin such reform 2.
- A 2011 report from the Institute of Medicine of the National Academies calls for states to amend regulations on the practice of advanced practice registered nurses (APRNs) to remove legal barriers to APRN practice 3.
- The APRN profession around the world continues to struggle with issues such as titling, title protection, regulation development, credentialing, and barriers to practice, as reported in a 2022 global study 4.
- Adopting the APRN Consensus Model's recommendations has implications for APRNs beyond licensure and regulation, including full practice authority, license portability, and patient access to APRN-led care, as discussed in a 2024 study 5.
- Note that a 2018 study 6 is not relevant to the topic of legal issues of advanced practice nursing in the workplace, as it focuses on the treatment of neurovascular coupling responses and cerebrovascular endothelial function in aged mice.