By: Sue Sue De De Gregorio Gregorio Rosen., Rosen., RN, RN,CLNC By: CLNC The United States Constitution has many 21st century impacts on our daily lives that are almost never thought about. At a time of growing federal regulation of our lives, there remain areas of life where the 10th Amendment, reserving power to the states is alive and well. The nursing profession is among them. Due to the 10th Amendment there is no federal law of nursing. The states regulate nursing through state adopted Nurse Practices Acts. The 10th Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The purpose of the Tenth Amendment is for state governments to make laws for the people within their borders with the Constitution, which makes laws for all the people in the country. The concept of different governments having authority over the same territory, but different subjects is called federalism. The idea of American Federalism is to protect freedom by limiting each government to its own area. The federal government was designed to have only the powers listed in the Constitution, with any power not listed left to the states. The Tenth Amendment was included to make this clear and to limit the federal government from overstepping its bounds. The United States Constitution does not grant Congress power to regulate nursing. Therefore, the power to regulate nursing is among the powers reserved to the states. This regulation has its foundation in the Nurse Practice Act.
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Setember/October 2016 CANNABISNURSESMAGAZINE.COM
10th Amendment at Work: Modern State Nurse Practice Acts States regulate nursing as one of the health professions that poses a risk of harm to the public if practiced by someone who is unprepared and/or incompetent. The principal basis for regulation is a state’s Nurse Practice Act (NPA). The NPA sets forth the requirements for the board of nursing, education, licensure, scope of nursing practice and discipline.
Elements of a Nurse Practice Act 1.. Definitions 2.. Authority, power, and composition of a Board of Nursing
3.. Educational program standards 4.. Standards and scope of nursing practice 5.. Types of titles and licenses 6. Requirements for licensure 7. Grounds for disciplinary action, other violations, and possible remedies
An Example: The Illinois Board of Nursing The Illinois Board of Nursing has thirteen members appointed by the Secretary of the Illinois Department of Financial and Professional members appointed by the Secretary of the Illinois Department of Financial and Professional Regulation: