Scope of Practice

Scope of practice is the set of activities a nurse is legally permitted to perform. It is not a list. No state publishes an exhaustive catalogue of allowed tasks, and any nurse who has gone looking for one has discovered that the question "am I allowed to do this?" has no lookup answer.

Instead, scope is bounded by four things at once: the state's nurse practice act and the rules the board of nursing writes under it, the nurse's licence level, the nurse's demonstrated education and competence, and the employer's policies. All four must permit an activity. Any one of them can forbid it. An employer cannot expand scope beyond what the practice act allows, and a practice act that permits something does not oblige an employer to allow it.

Why the boundary is vague by design

The first nurse registration laws, beginning with North Carolina in 1903, protected the title "registered nurse" without defining nursing at all. They said who could call themselves a nurse, not what a nurse could do. New York was the first state to write a scope of practice into statute, in 1938.

Modern practice acts describe nursing in general terms — assessment, planning, intervention, evaluation, teaching, delegation, execution of the medical regimen — precisely so that the definition survives changes in technology and practice. A statute that enumerated procedures would have to be reopened by the legislature every time a device changed. The cost of that flexibility is that individual nurses must interpret the boundary themselves, frequently, with real consequences for getting it wrong.

The decision framework

Because that interpretive burden falls on working nurses, the National Council of State Boards of Nursing, together with the American Nurses Association, the National League for Nursing, the American Association of Colleges of Nursing, and the American Organization for Nursing Leadership, published a uniform decision-making framework in July 2016. Many state boards have adopted it directly.

The framework runs as a sequence of questions rather than a lookup. In outline, it asks whether the activity is prohibited by the practice act or any other law; whether it is authorized by the act and the board's rules; whether it is supported by evidence and consistent with standards of practice; whether the nurse personally has the education, training, and demonstrated competence to perform it safely; whether the employer has a written policy and procedure supporting it; and whether the nurse is prepared to accept accountability for the outcome. A no at any point ends the inquiry.

The last question does the most work and is the one nurses skip. Authorization by the board and permission from the employer do not transfer accountability. If a nurse performs an authorized activity she is not competent to perform, the licence at risk is hers.

Scope by licence level

Scope differs sharply across the levels of nursing, and the differences are not merely about task difficulty.

The central distinction between a registered nurse and a licensed practical or vocational nurse is not a list of permitted procedures but the authority to assess. In most states the registered nurse performs the initial and ongoing nursing assessment, formulates the nursing diagnosis, and develops the plan of care; the practical nurse contributes data and carries out care within that plan. Several states describe the practical nurse's role as working under the direction of a registered nurse or a physician for exactly this reason. Which specific procedures a practical nurse may perform — intravenous push medications, blood administration, hanging certain infusions, assessment of a wound — varies widely by state, and this is one of the most common places where a nurse who moved states is working outside scope without realizing it.

Unlicensed assistive personnel have no scope of their own. They perform tasks a licensed nurse delegates, and the accountability remains with the nurse who delegated. The 2019 national guidelines on nursing delegation published jointly by the National Council of State Boards of Nursing and the American Nurses Association set out the conditions: the right task, the right circumstances, the right person, the right direction and communication, and the right supervision and evaluation. Nursing judgment itself is never delegable.

Advanced practice registered nurses hold a scope defined by a separate layer of law, and it is the most variable in American nursing — some states permit practice and prescribing without physician involvement, others require a collaborative agreement or supervision. See levels of nursing.

Working outside scope

Practising beyond scope is a disciplinable offence in every state, and boards treat it seriously because it is one of the few violations that reliably signals a systems problem rather than an individual lapse. Nurses rarely exceed their scope out of ambition. They do it because a unit is short-staffed, because a physician asked, because the previous shift did it, or because they were competent to do the task in the state where they trained.

Refusing an assignment on scope grounds is legally protected in most states but professionally costly, and the practical advice from boards — document the refusal, cite the specific provision, escalate in writing — reflects how often the conflict is with an employer rather than a regulator.

Sources

Find your next nursing job here

100% free for nurses. New jobs every day. Travel, per-diem, and permanent positions nationwide.

See something out of date? Sign in to suggest an edit.