The nurse practice act in Texas includes safe harbor provisions (Anonymous, 2008). “…a nurse who believes he/she is being asked to accept an unsafe assignment, engage in conduct beyond the nurse’s scope of practice, or engage in unprofessional or illegal conduct” can invoke safe harbor. When a nurse declares safe harbor, he or she completes a written report to the state board of nursing and a peer review is conducted. This holds those making the decision to place the nurse in an unsafe situation accountable. Unsafe conditions stem from a variety of sources and include but are not limited to employer pressure to cut corners, unreasonable staff to patient ratios, supervision of poorly trained and unqualified aide or technician, peer pressure to alter practice in an unsafe fashion, such as pre-pouring bulk medications for the next shift to administer, and questionable physician’s orders.

SafeHarborshould be included in the nurse practice act in all 50 states. Nurses are placing their licenses at risk by being asked to practice in unsafe conditions, and being afraid not to comply for fear of employer retaliation.

In states where safe harbor is not part of the Nurse Practice Act, if a nurse carries out any of the above behaviors he or she is placing his or her license and livelihood in jeopardy. Employers who place a nurse in an unsafe situation are frequently not held accountable. It is time for nurses to take control through proper legislative to enact safe harbor as part of the nurse practice act.

Nursingempowerment.com urges you to help us organize, fund raise and lobby legislators for safe harbor provisions in all 50 states.

Link to TexasBoard of NursingSafeHarborAdministrative Code: http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=22&pt=11&ch=217&rl=20

Reference

Anonymous. (2008). Safe Harbor Nursing Peer Review  Retrieved 05/16/12, 2012, from http://www.bon.texas.gov/practice/safe.html