New Hampshire Code of Administrative Rules Nur - Board of Nursing (Formerly the Board of Nursing Education and Nurse Registration)
The New Hampshire Code of Administrative Rules, specifically Part Nur 102, outlines the organizational structure and functions of the Board of Nursing (formerly known as the Board of Nursing Education and Nurse Registration). This board is integral to the regulation and oversight of nursing practice within the state.
Composition and Functions of the Board
Composition:
The Board of Nursing comprises 11 members appointed by the governor and council, as mandated by RSA 326-B:3.
Functions:
The board is empowered to:
Establish Standards for Nursing Practice: Develop and implement guidelines that define the scope and quality of nursing practice.
Approve Nursing Education Programs: Assess and accredit nursing programs to ensure they meet educational standards.
License and Renew Nursing Credentials: Grant, renew, and reinstate licenses for registered nurses (RNs), practical nurses (LPNs), advanced registered nurse practitioners (ARNPs), and nursing assistants.
Certify Nursing Assistants for Medication Administration: Authorize nursing assistants to administer medications, ensuring they meet specific competency standards.
Establish and Collect Fees: Set and collect fees as authorized by RSA 329-B:8 and RSA 91-A:4, IV.
Investigate Allegations of Misconduct: Examine complaints against licensees and applicants, taking disciplinary action when necessary.
Ethical Standards for Nursing Practice
Part Nur 501.03 delineates the general ethical standards that licensed nurses and nursing assistants must adhere to:
Client Welfare: Prioritize the health and safety of clients above all else.
Professional Development: Continuously strive to enhance knowledge and apply professional judgment.
Legal and Professional Integrity: Comply with laws and uphold the nursing profession's standards.
Truthfulness and Respect: Maintain honesty and respect in all professional interactions.
Confidentiality: Safeguard client information and maintain privacy.
Professional Judgment: Avoid conditions that could impair the ability to provide safe care.
Conscientiousness: Fulfill all professional obligations diligently.
Licensing Requirements
Part Nur 303.02 specifies the examination requirements for licensure:
U.S. or Canadian Graduates: Must pass the NCLEX-PN for LPNs or NCLEX-RN for RNs, unless eligible for endorsement.
International Graduates: Must provide evidence of passing an equivalent examination endorsed by the National Council of State Boards of Nursing within two years prior to application.
Part Nur 304.02 allows Canadian RNs to seek licensure by endorsement without taking the NCLEX, provided they meet specific criteria, such as graduation from an approved Canadian nursing program and successful completion of designated examinations.
Disciplinary Actions and Misconduct
RSA 326-B:37 outlines grounds for disciplinary action, including:
Failure to Follow Standards: Neglecting appropriate and recognized standards in nursing practice.
Inability to Practice Safely: Demonstrating actual or potential inability to practice nursing with reasonable skill and safety.
Misconduct: Engaging in actions such as falsifying records, abuse, or failure to cooperate with investigations.
Case Law: Richardson v. Brunelle
In Richardson v. Brunelle, the New Hampshire Supreme Court addressed the constitutionality of the Board's licensing requirements. The plaintiff challenged the Board's denial of her application for a practical nurse license, arguing that the requirement for a diploma from an approved school constituted an irrebuttable presumption of unqualification, violating procedural due process. The court upheld the Board's decision, affirming the importance of maintaining standards for public health and safety in nursing practice.
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