North Dakota Administrative Code › Title 54 - Board of Nursing › Article 54-01 - General Administration › Chapter 54-01-03 - Definitions › Section 54-01-03-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used in this title have the same meaning as in
				  North Dakota Century Code chapter 43-12.1 and apply to North Dakota
				  Administrative Code title 54 unless the context indicates otherwise.
1. "Abandonment" means accepting the client
				assignment and disengaging the nurse and client relationship without giving
				notice to a qualified person.
2.
				"Abuse" means any behavior that is designed to harass, intimidate, or injure
				another human being through the use of verbal, sexual, emotional, or physical
				harm.
3. "Accreditation" means the
				official authorization or status granted by a nationally recognized agency
				other than a state board of nursing.
4. "Activities of daily living" includes
				interventions associated with nutrition and hydration, elimination, maintaining
				mobility, assistance with self-administration of routine regularly scheduled
				medications, and personal cares. Personal care includes bathing, hair care,
				nail care, shaving, dressing, oral care, and supporting a safe and healthy
				environment.
5. "Acts or omissions"
				means patterns of unsafe behavior, nursing practice deficits, failure to comply
				with acceptable standards of nursing practice, or grounds for discipline
				identified in North Dakota Century Code chapter 43-12.1 or these
				rules.
6. "Advanced assessment"
				means the collection of the history, physical and psychological assessment data
				of a client's signs, symptoms, pathophysiologic status, and psychosocial
				variation in the determination of differential diagnoses and treatment by the
				advanced practice registered nurse.
7. "Applicant" means an individual seeking
				official action by the board.
8.
				"Approved" means that the standards established by the board are met.
9. "Assign" means a licensed nurse designates
				the responsibility for performance of nursing interventions to another licensed
				nurse.
10. "Assignment" means the
				distribution of work that each staff member is to accomplish.
11. "Assisting with self-administration of
				routine, regularly scheduled medications" means helping the client with one or
				more steps in the process of taking medications. Examples of "assisting"
				include opening the medication container or reminding the client of the proper
				time to take the medication. Assisting with the administration of medication
				may be a delegated intervention.
12. "Authority" means legal authority to
				provide nursing care granted through licensure as a registered nurse, licensure
				as a practical nurse, or through delegation of nursing interventions from the
				licensed nurse.
13. "Certification"
				means a process of voluntary recognition by a national nursing organization or
				other entity of the person's specialty knowledge, skills, and abilities in a
				defined area of nursing practice. The certification process measures the
				theoretical and clinical content denoted in the specialty areas or scope of
				practice and is developed in accordance with generally accepted standards of
				validity and reliability.
14.
				"Client" means the recipient of nursing care, which may include an individual,
				family, group, or a community.
15.
				"Clinical learning experiences" means the planned, faculty-guided learning
				experiences that involve direct or indirect contact with clients.
16. "Competence" means the application and
				integration of knowledge, skills, ability, and judgment necessary to meet
				standards.
17. "Compliance" means
				the act of adhering to or conforming to the terms, conditions, or restrictions
				specified in a consent agreement by the alternative to discipline program or
				disciplinary order by the board.
18. "Comprehensive nursing assessment" means
				analysis and synthesis of data collected by a registered nurse, which is used
				to establish a health status baseline, establish a plan of care, and address
				changes in a client's condition.
19. "Consultative nurse" means a licensed
				nurse who provides guidance and information related to nursing procedures and
				interventions to the facility or agency but is not individually responsible to
				direct the plan of care for the client.
20. "Continuing education" means planned,
				organized learning experiences designed to augment the knowledge, skills, and
				abilities for the delivery of safe and effective nursing care for the citizens
				of North Dakota which meets the criteria and reporting requirements established
				by the board.
21. "Controlled
				substance" means a drug, substance, or immediate precursor in schedules I
				through V as set forth in North Dakota Century Code chapter 19-03.1 and any
				other drugs required by law to be monitored by the prescription drug monitoring
				program.
22. "Criminal history
				record information" shall have the same meaning as defined in North Dakota
				Century Code section 12-60-16.1.
23. "Delegation" means the authorization for
				the performance of selected nursing interventions from a licensed nurse to an
				unlicensed assistive person.
24.
				"Denial" means the board's refusal to issue or renew a current license or
				registration.
25. "Direction" means
				the provision of written or verbal guidance, or both, and supervision by a
				licensed nurse who is responsible to manage the provision of nursing
				interventions by another person.
26. "Distance nursing education program"
				means a program that is approved by the board of nursing of the jurisdiction in
				which the program is headquartered, and is equivalent to an "instate nursing
				program".
27. "Diversion" means
				illegal use, distribution, or abuse of controlled substances or use of
				prescription drugs for purposes not intended by the prescriber.
28. "Emergency suspension" means action by
				the board when there are reasonable grounds to believe the licensee,
				registrant, applicant, or any individual with authority to practice nursing
				under any privilege has violated a statute or rule the board is empowered to
				enforce and continued practice would constitute a continuing and imminent
				threat to the public welfare.
29.
				"Encumber" means to place on probation.
30. "Evidence-based practice" means
				integration of research findings with clinical expertise and client values for
				optimum care.
31. "Focused nursing
				assessment" means the collection and recording of baseline assessment data by a
				licensed practical nurse, which is used to observe, monitor, and report signs,
				symptoms, and changes in client condition in an ongoing manner. The licensed
				practical nurse reports to the supervising registered nurse or licensed
				practitioner.
32. "Impaired" means
				the ability to practice nursing safely has been affected by the use or abuse of
				alcohol or other drugs, psychiatric or physical disorders, or practice
				deficiencies.
33. "Inactive license
				or registration" means a license or registration which is not
				renewed.
34. "Incompetence" means
				conduct that deviates from either standards of nursing practice approved by the
				board or the definition of competence in this section.
35. "Instate nursing program", "nursing
				program", or "nursing education program" means a nurse program with faculty or
				facilities located in North Dakota and approved by the board.
36. "Interdisciplinary team" means a group of
				health care professionals currently licensed under North Dakota Century Code
				title 43.
37. "Internationally
				educated" means educated outside the United States.
38. "Jurisdiction" means a state, territory,
				or country that administers the national council licensure examination for the
				purpose of licensure.
39. "Licensed
				nurse" means a person licensed pursuant to North Dakota Century Code chapter
				43-12.1 and North Dakota Administrative Code title 54.
40. "Licensed practitioner" means a person
				lawfully authorized to prescribe medications or treatments under North Dakota
				Century Code title 43.
41.
				"Licensee" means a person who has met all the requirements to practice as a
				licensed nurse pursuant to North Dakota Century Code chapter 43-12.1 and has
				been issued a license to practice nursing.
42. "Licensure" means the process by which
				the board grants legal authority privilege to an individual to engage in the
				practice of nursing as a licensed practical nurse, registered nurse, advanced
				practice registered nurse, or specialty practice registered nurse upon finding
				that the individual has attained the essential degree of education and
				competence necessary to ensure that the public health, safety, and welfare will
				be protected.
43. "Limit" means to
				restrict, qualify, or otherwise modify the license or registration.
44. "Major incident" means an act or omission
				in violation of North Dakota Century Code chapter 43-12.1 or this title which
				indicates an applicant licensee's or registrant's continuing to practice poses
				a high risk of harm to the client or another person.
45. "Medication administration" means the
				delivery of medication by a licensed nurse or an individual delegated to and
				supervised by a licensed nurse, to a client whose use of that medication must
				be monitored and evaluated applying specialized knowledge, skills, and
				abilities possessed by a licensed nurse.
46. "Medication assistant III" means an
				individual who has a current registration as an unlicensed assistive person,
				has had additional training in administration of medication, and possesses a
				current registration from the board.
47. "Medical assistant student" means an
				individual who is currently enrolled in an approved medical assistant
				program.
48. "Minor incident" means
				an act or omission in violation of North Dakota Century Code chapter 43-12.1 or
				this title which indicates an applicant licensee's or registrant's continuing
				to practice poses a low risk of harm to the client or another person.
49. "Misappropriation of property" means the
				patterned or knowing, willful, or intentional misplacement, exploitation,
				taking, or wrongful, temporary, or permanent use of a client's, employer's, or
				any other person's or entity's belongings, money, assets, or property without
				consent.
50. "NCLEX-PN®" means
				the national council licensure examination for practical nurses.
51. "NCLEX-RN®" means the national
				council licensure examination for registered nurses.
52. "Neglect" means a disregard for and
				departure from the standards of care which has or could have resulted in harm
				to the client.
53. "Noncompliance"
				means the failure to adhere to the terms, conditions, or restrictions specified
				in an alternative to discipline consent agreement or disciplinary order by the
				board.
54. "Nurse administrator"
				means a person responsible for organized nursing services and who manages from
				the perspective of the organization as a whole.
55. "Nurse faculty" means individuals
				employed by an academic institution who are responsible for developing,
				implementing, teaching, evaluating, and updating nursing program
				curricula.
56. "Nursing
				intervention" means the initiation and completion of client-focused actions
				necessary to accomplish the goals defined in the plan of care which may include
				activities of daily living.
57.
				"Participant" means a nurse who has voluntarily agreed to enter an agreement
				with the alternative to discipline program or a licensee or registrant who is
				encumbered through a disciplinary order by the board.
58. "Practice deficiency" means a practice
				activity that does not meet the standards of nursing practice.
59. "Practice site" means a facility that
				signs a written agreement with the nursing education program to provide
				practice experiences for students.
60. "Preceptor" means an individual at or
				above the level of licensure that an assigned student is seeking who may serve
				as a teacher, mentor, role model, or supervisor for the assigned student in a
				clinical setting.
61. "Prelicensure
				program" means a board-approved program of study that meets the requirements
				for nursing licensure.
62.
				"Probation" means restrictions, requirements, or limitations placed against a
				licensee or registrant through monitoring for a prescribed period of
				time.
63. "Professional-boundary
				crossing" means a deviation from an appropriate boundary for a specific
				therapeutic purpose with a return to establish limits of the professional
				relationship.
64.
				"Professional-boundary violation" means a failure of a licensee or registrant
				to maintain appropriate boundaries with a client, client family member, or
				other health care provider.
65.
				"Professional boundaries" means the provision of nursing services within the
				limits of the nurse and client relationship which promote the client's dignity,
				independence, and best interests and refrain from inappropriate involvement in
				the client's or client's family personal relationships.
66. "Professional misconduct" means any
				practice or behavior that violates the applicable standards governing the
				individual's practice necessary for the protection of the public health,
				safety, and welfare.
67.
				"Reactivation" means issuance of a previously active license or registration in
				the absence of disciplinary action.
68. "Registrant" means an unlicensed
				assistive person as defined in North Dakota Century Code section
				43-12.1-02.
69. "Reinstatement"
				means activation of a board-sanctioned license or registration from a
				surrendered, suspended, or revoked status.
70. "Reissuance" means issuance of a license
				from probationary status to full licensure status.
71. "Relicensure" means renewal,
				reinstatement, reactivation, or reissuance of a license or
				registration.
72. "Reprimand" means
				action of the board stating the board's concerns regarding the professional
				conduct of the licensee or registrant.
73. "Revocation" means the withdrawal by the
				board of the license or registration of the right to practice nursing or assist
				in the practice of nursing for a specified length of time of no less than one
				year. If no specified length of time is identified by the board, revocation is
				permanent.
74. "Scope of practice"
				means the delineation of the nature and extent of practice.
75. "Sponsor institution" means the governing
				organization that provides necessary administrative and fiscal resources for a
				nursing program.
76. "Stable" means
				a situation in which the client's clinical and behavioral status and nursing
				care needs are determined by the registered nurse or licensed practitioner to
				be predictable, nonfluctuating, and consistent or in which the fluctuations are
				expected and the interventions are planned.
77. "Stay" means the action of the board that
				does not immediately take place and may not take place if other conditions,
				such as probation terms, are met. Violations of the terms and conditions may
				result in lifting of the stay and imposition of the sanction.
78. "Supervision" means maintaining
				accountability to determine whether or not nursing care is adequate and
				delivered appropriately. Supervision includes the assessment and evaluation of
				the client's condition and responses to the nursing plan of care and evaluation
				of the competence of the person providing nursing care.
a. "Condition of supervision" means the
				method of supervision as direct or indirect, the identification of the persons
				to be supervised as well as the nursing interventions being provided, and the
				stability or predictability, or both, of the client's condition.
b. "Direct supervision" means that the
				responsible licensed nurse or licensed practitioner is physically present in
				the client care area and is available to assess, evaluate, and respond
				immediately. Direct supervision does not mean that the responsible licensed
				nurse or licensed practitioner must be in the same room or "looking over the
				shoulder" of the persons providing nursing care.
c. "Indirect supervision" means that the
				responsible licensed nurse or licensed practitioner is available through
				periodic inspection and evaluation or by telecommunication, or both, for
				direction, consultation, and collaboration.