Position Statement

Professional Regulation

The following criteria comprise a framework for establishing the ideal structure and responsibilities for the state's regulation of the nursing profession.

• The primary reason for regulating any health care profession is protection of the public.
• The licensing mechanism should recognize separate professions with a defined body of knowledge; individuals should be licensed based upon demonstrated competence in a specific body of knowledge and its application. Institution based credentialing cannot be substituted for individual licensure.
• The public is best protected when there is a strong system of checks and balances between overseeing the quality of healthcare services delivered in the state and authorizing the practice of various health care practitioners. Therefore, the regulation of a profession should be located within an agency with equal but separate authority from the agency which has the responsibility for regulating and/or financing healthcare institutions, organizations, and agencies.
• The regulation of the nursing profession should be located within the same agency as other licensed learned professions so there is sufficient volume of activity to support a cadre of professional staff with expertise in regulating all aspects of the profession.
• All regulatory aspects of professional licensing, discipline, and practice should be designed with a system of checks and balances that includes the licensing authority and the staff who are employed to carry out professional regulation activities.
• The licensing authority should conduct meetings in public and make a transcript of all proceedings available to the public.
• The licensing authority should conduct open hearings or provide other mechanisms for regular dialogue with the public.
• The agency regulating the professions should be insulated from political influences so that licensing and disciplinary decisions are based solely on the merit of the individual case.
• There should be a disciplinary process that is completed promptly to protect the public from unsafe practitioners and provides due process protections for all licensees.
• There should be a public/private partnership approach to certain aspects of professional regulation, for example mandatory continuing education and services for impaired professionals.
• There should be an independent statutory scope of practice for registered professional nurses and a dependent statutory scope of practice for licensed practical nurses.
• There should be authorization for autonomous practice by advanced practice nurses WITHOUT second licensure.
• The state board for nursing (SBFN) should have independent rule making authority. The SBFN should have the authority to regulate the practice of registered professional nurses, licensed practical nurses, and unlicensed assistive nursing personnel.
• The SBFN should have a mechanism (such as declaratory rulings) to provide authoritative guidance on nursing practice in addition to rule making authority.
• There should be a participatory process for the public and the profession to make recommendations regarding and application for appointment to the SBFN.
• Registered professional nurses, licensed practical nurses, and consumers should be members of the SBFN; registered nurses should comprise the majority of the SBFN's membership. No other health licensees should serve on the SBFN.
• There should be a collaborative relationship between the SBFN and nursing professional associations.
• The SBFN should have responsibility for individual licensure and discipline as well as approval of nursing education programs.
• There should be an adequate fee structure to provide services to the public and nursing licensees in a timely and meaningful manner.
• Fees paid by registered professional nurses, licensed practical nurses, and nursing programs should be used to support the work of the SBFN and the Office of the Professions. Setting fees for professional regulation services should be removed from the political atmosphere of the legislature. Such fees should be set by the State Board for Nursing (SBFN) or other licensing authority; there should be clear lines of accountability for using fees to provide an efficient and effective level of licensing services. Licensure and registration fees and surcharges should be deposited to a special revenue fund and NOT transferred to support general funding expenditures. All professions licensed by the Regents should pay a fair share of the operating costs of the Office of the Professions. Newly regulated professions should include an appropriation to offset start-up costs.
• There should be easy access and prompt response when the SBFN receives requests from consumers, licensees, other professionals, nursing programs, the press, and other government agencies.
• There should be a regular mechanism for the SBFN to communicate pertinent information to all registered and licensed practical nurses in the state.

Approved by NYSNA's Board of Directors, March 21, 1995; Revised by the Board of Directors, October 18, 1995; Revised by the Council on Legislation, August 15, 2003; Revised by the Council on Nursing Practice, August 18, 2003; Approved by NYSNA board of Directors, September 10, 2003.

For more information on nursing practice, contact NYSNA's Education, Practice and Research Program at 518.782.9400, ext. 282 or by e-mail.

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