Deck 8: Government Response: Regulation

Question 1

Legislation is to laws as regulations are to:

A) bills.
B) laws.
C) rules.
D) practice.

Answer 1

C

Question 2

How does healthcare regulation protect the public?

A) Nurses are regulated in their practice and therefore cannot do harm.
B) Physicians are regulated in their practice and therefore cannot do harm.
C) Laypersons are great at judging the care they will receive and do not need regulations.
D) There is always a potential risk of harm in health care, and regulations help mitigate risk by providing structure to a complex environment.

Answer 2

D

Question 3

What led to the creation of the first formalized nurse practitioner programs in the United States?

A) A nursing shortage prediction
B) A physician shortage prediction
C) Legislation put forth by RNs who wanted advanced degrees
D) Nursing and physician shortage predictions

Answer 3

B

Question 4

When voting, board of nursing members (regardless of what state they are in) take into account public welfare and safety, legal defensibility of the vote, and:

A) potential national impact of the vote.
B) potential state impact of the vote.
C) potential institutional impact of the vote.
D) potential individual nursing impact of the vote.

Question 5

_______ limits the ability of states to pass legislation obstructing interstate trade, which then allows the federal government to regulate state licensing laws regarding the practice of professions across state lines.

A) The Supremacy Clause of the U.S. Constitution
B) The Health Care Financing Administration
C) The Commerce Clause of the U.S. Constitution
D) The American Nurse Credentialing Center

Question 6

Which of the following is a strength of the regulatory process when compared to the legislative process?

A) The regulatory process is more ordered than the legislative process.
B) People who write regulations always know the impact of their proposed rules.
C) There are no opportunities for public comment with regulations.
D) Administrative agencies do not have a lot of control of regulations.

Question 7

Which of the following is not identified in the 2010 IOM report on nursing in relation to guiding change and removing barriers?

A) Nurses should be able to practice to the full extent of education.
B) Nurses should be able to access higher levels of learning for academic progression.
C) Nurses should not be full partners in the healthcare system.
D) There needs to be better data collection for workforce planning and policymaking.

Question 8

Which situation will have the greatest impact on regulation and licensure of nurses in the future?

A) Overtime staffing
B) Electronic access to healthcare services
C) Shortage of licensed practical nurses
D) Increase in male nurses

Question 9

Describe the differences in how laws and regulations are constructed.

Question 10

What agency did CMS (Centers for Medicare and Medicaid Services) replace?

Question 11

Compare and contrast the legislative and regulatory processes.

Question 12

Describe the major methods of credentialing. List the benefits and weaknesses of each method from the standpoint of public protection and protection of the professional scope of practice.

Question 13

Discuss the role of state BONs in regulating professional practice.

Question 14

Obtain a copy of a proposed or recently promulgated regulation. Using the questions in Exhibit 4-1, analyze the regulation for its impact on nursing practice.

Question 15

Describe the federal government's role in the regulation of health professions. To what extent do you believe this role will increase or decrease over time? Explain your rationale.

Question 16

Analyze the pros and cons of multistate regulation (choose multistate regulation of RNs, APRNs, or a combination). Based on your analysis, develop and defend a position either for or against multistate regulation.

Question 17

Prepare written testimony for a public hearing defending or opposing the need for a second license for APRNs.

Question 18

Contrast the BON and the national or state nurses association vis-à-vis mission, membership, authority, functions, and source of funding.

Question 19

Identify a proposed regulation. Discuss the current phase of the process, identify methods for offering comments, and submit written comments to the administrative agency.

Question 20

Evaluate the APRN section of the nurse practice act in your state using the NCSBN Model Act (NCSBN, 2012) or regulations using the NCSBN Model Rules (NCSBN, 2014a).

Question 21

Identify the states that have implemented nurse-staffing ratios. List some of the obstacles one of the states has encountered in the implementation phase.