Court Upholds Expanded Practice Roles for Nurses

Author:

Wolff Michael A.

Abstract

In the first reported judicial interpretation of modern nursing practice acts, Sermchief v. Gonzales, the Missouri Supreme Court has decided that “new functions for nurses delivering health services” may evolve without statutory constraints.’ The notion that nurses in expanded roles are practicing medicine without a license was cast aside, as the court specifically held that nurses may render diagnosis and treatment in accordance with standing orders and protocols. While directly affecting only nurses in Missouri, the court's recognition of nursing as a profession with its own prerogatives and responsibilities has important implications for the future of nursing.At issue was Missouri's nursing practice act which had been drafted with the assistance of members of the Missouri Nurses Association and passed by the legislature in 1975.

Publisher

Cambridge University Press (CUP)

Subject

General Medicine

Reference34 articles.

1. 19. Id. at 689. Protocols have been referred to as “pre-determined medical plans of action for various illnesses, diseases, examinations, etc.” Comment, Interpreting Missouri's Nursing Practice Act, Saint Louis University Law Journal 26(4): 931, 941 n.57 (1982). A standing order is generally understood to mean an order for medication or other treatment that is not specific to a particular patient, but can be administered whenever a given condition is found. In Sermchief, oral contraceptives were administered after the nurse's examination determined such medication to be appropriate.

2. Interpreting Missouri's Nursing Practice Act;Saint Louis University Law Journal,1982

3. 16. Id. at 946.

4. 20. See Toth v. Community Hosp. at Glen Cove, 292 N.Y.S.2d 440, 450 (N.Y. 1968).

5. 32. The Board of Nursing is given broad authority to adopt rules and regulations. Rev. Stat. Mo. §335.036.1(2). In the absence of an authoritative statement from the board there was one clearly erroneous opinion from the Attorney General that stated that nurses in Missouri have no authority to engage in primary health care that includes diagnosis and treatment. See supra note 3, and accompanying text.

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1. Legal Methodology As Nursing Problem Solving;Image: the Journal of Nursing Scholarship;1991-12

2. Scope of Practice;AAOHN Journal;1989-02

3. Health care providers: The future marketplace and regulations;Journal of Professional Nursing;1986-01

4. Definition and Regulation of Nursing Practice: An Historical Survey;Law, Medicine and Health Care;1985-06

5. Legal column: Are Missouri nurses practicing medicine without a license?;Health Care for Women International;1984-01

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