Interpretive Statements is available at: https://www.nursingworld.org/practice-policy/nursing-excellence/ethics/code-of-ethics-for-nurses/.
Nurses are expected to follow all federal and state laws. Legal accountability is an essential concept of professional nursing practice. Laws, rules, and regulations establish and govern the nurse's professional scope of practice with the primary intent of protecting the public. The Kentucky Nurse Practice Act, statutes passed by the state legislative body, defines the scope of nursing practice. The practice of nursing is further defined by the administrative rules and regulations enacted by the Kentucky Board of Nursing (KBN), standards of care defined by professional nursing organizations, such as the American Nurses Association, and policies and procedures of employing institutions.
All persons, whether licensed practical nurses, registered nurses, students, unlicensed assistants, or laypersons are legally liable for their actions. Under the Kentucky mandatory nurse practice act, students, while functioning under the direct supervision of a clinical nursing instructor, are exempt from the requirements to hold a current Kentucky nursing license to practice nursing (as defined by the State Nurse Practice Act). The student, while carrying out responsibilities in patient care, must act as a reasonably prudent person. The amount of experience and education, along with past performance
and academic record, are some of the criteria that are considered in determining the expectations for the consideration of “reasonably prudent”. Responsibility increases as the student progresses in knowledge and experience. It is the responsibility of the student to inform the faculty member/clinical instructor when the patient’s need for a treatment or task is one in which the student has not been taught or is contrary to the student’s knowledge. It is important to note that anyone who undertakes to act as a nurse has a responsibility to meet the needs of the patient. Treatments or tasks incorrectly performed and/or failure to perform treatment or tasks needed by the patient constitutes negligence. Failure to act as a reasonably prudent student is unsafe practice.
Students should familiarize themselves with the laws of the state in which they intend to practice. In general, state boards of nursing have the power to (1) deny admission to take licensure examination; (2) require individuals be graduated from an accredited school; (3) require reporting of misdemeanor or felony convictions; and (4) deny licensure to persons who negligently or willfully act in a manner inconsistent with the