N4223-Wk 4 Safe Harbor PDF

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N4223 Professional Trends

Week 4 Reflection Assignment – Safe Harbor Date:

Name:

9/18/21

Overview: Safe Harbor Due to staffing shortages and the unpredictability of hospital needs, nurses are sometimes asked to take on assignments outside their normal routines. As a healthcare professional, you must understand your options when asked to take on such assignments, the risks associated with accepting some assignments, and the protections afforded you by the law. Reflect upon the Safe Harbor protection as well as any experiences you may have had. Then follow the instructions and complete the Safe Harbor form based upon a fictitious scenario. Refer to your course readings and lectures as you complete the assignment.

Performance Objectives:  Explain and apply appropriate options regarding acceptance or rejection of assignments, including the use of Safe Harbor.  Answer fill in the blank questions according to the readings this week.

Rubric Use this rubric to guide your work on the assignment, “Safe Harbor.” T a s k Pa r t1 Que s t i o n1 Que s t i o n2 Rul e2 1 7 . 1 11 ( T) a n d r a t i ona l e

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Que s t i o n3 T woFor ms

Cor r e c t l yl i s t s2f o r ms .

Doe snot c o r r e c t l yl i s t 2f o r ms .

Pa r t 2Sa f eHa r borFor ma nd Re fle c t i on

F i l l sou t f or mf u l l ya ndc or r e c t l yu s i n g c a s es c e n a r i oi nf o r ma t i ona n d c omp l e t e sRe fl e c t i ons e c t i on.

Doe snot fi l l outf or mf ul l ya nd c or r e c t l yu s i n gc a s es c e n a r i o i nf o r ma t i ona nd / ord oe snotc omp l e t e Re fle c t i o ns e c t i on.

©2020 UT Arlington College of Nursing

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N4223 Professional Trends

Part 1: Safe Harbor Scenario and Questions Nursing Safe Harbor is a law that nurses can use to absolve themselves of liability when forced to commit an act that the nurse believes violates Texas Board Statutes and Rules. Every nurse must be aware of the statutes and rules governing their profession. If a patient, supervisor or doctor asks the nurse to violate one of these rules, the nurse can invoke Safe Harbor before committing the act to ensure that they aren’t held legally responsible for what happens next. This protects the nurse from facing punitive measures from the employer, losing a nursing license, or being sued in court for putting a patient’s life in danger. Explore the Case Study Scenario and place yourself in this situation. Answer the following questions according to your knowledge of Safe Harbor from the lectures and readings this week. On Sunday, August 6th, you arrive and clock in at the Arlington Hospital ICU at 7pm for your night shift. Maria, the Charge Nurse, approaches you as you are putting your bag in a locker. “Thank goodness you are here,” she says. “You are going to have to take extra patients tonight. I am dealing with 2 nurses who just called in sick. Your assignment tonight will include the septic and stroke patients you had last night, but you also need to take on two more - one with a brain aneurysm and one that is post-op major cardiac surgery.” You know that this is an impossible task and would be placing the patients in serious harm. You ask if anyone can float to the floor or if someone can be called in, but no one is available. “This is all on you. I need you to be a team player here,” says Maria. You decide to claim Safe Harbor and find Christine, the Nurse Supervisor, who will invoke the Quick Request form on your behalf. 1). What are choices every RN has when given an assignment? 1. accept the assignment 2.refuse the assignment 3. file safe harbor prior to accepting the assignment 2). Based on the scenario above, you have decided to claim Safe Harbor. Refer to Rule 217.11 Standard of Nursing Practice, specifically Rule 217.11 1(T). Type the Rule as it appears into the first text box. Based on this rule, why did you claim Safe Harbor? Type in second box. https://www.bon.texas.gov/rr_current/217-11.asp Rule 217.11 1(T) - Accept only those nursing assignments that take into consideration client safety and that are commensurate with the nurse's educational preparation, experience, knowledge, and physical and emotional ability; Why did you claim Safe Harbor? Safe harbor was filed due to the load and acuity of patients in the assignment. Nurse was given 4 high acuity patients whom require constant care and evaluation, its impossible for this nurse to be on top of all 4 patients and its very likely that she/he might miss something from one of the patients while she cares for the other causing harm. Safe harbor protects the nurse and the license in such incident.

3). Name a form that need to be completed both before and after your shift. ***Update Spring 2020: You can now invoke orally to supervisor who then can record the event, but forms still must ©2020 UT Arlington College of Nursing

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N4223 Professional Trends be filled out*** One must fill out the safe harbor quick request form. The nurse may also request a nursing peer review committee determination by orally notifying the supervisor of the request. Nurse must complete the comprehensive request for safe harbor nursing peer review by the end of the work period.

Part 2: Safe Harbor Quick Request Form Below you will find the Safe Harbor Quick Request Form that must be completed before you engage in the care of these patients. Fill out the text box portion as if you are the nurse in the scenario.

BON Safe Harbor Quick Request Form Do NOT fax or mail this form to the BON. Give it to your supervisor.

A valid Safe Harbor Quick Request must include the following information: 

Name(s) of the nurse(s) invoking safe harbor: Valeria kalk



Name of the supervisor recording the safe harbor invocation on behalf of the nurse(s), if applicable [*Required if the nurse(s) orally invoke(s) safe harbor in accordance with NPR Law §303.005(b-1).]:

Christine, Nurse supervisor 

Date and time of the safe harbor invocation:

August 6th, 20xx time :1900 

Location where the requested conduct or assignment that is the subject of the safe harbor invocation occurred:

Arlington Hospital ,ICU 

Name of the person who requested the nurse(s) engage in the conduct or made the assignment that is the subject of the safe harbor invocation:

Maria, Charge Nurse ©2020 UT Arlington College of Nursing

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N4223 Professional Trends 

BRIEF explanation of why the nurse(s) is(are) requesting a nursing peer review committee determination [For assistance, please review Board Rules 217.11 & 217.12.]: On Sunday August 6 I was given the assignment of 4 high acuity patients who require constant monitoring and evaluation. Accepting this assignment violates Rule 217.11 in which a nurse should only accept assignments taking patient safety into consideration. These type of patients require a 1:1 or 1:2 max level of care, having 4 patients is a safety risk and might cause harm to the patients.

Signature(s) of the nurse(s) invoking safe harbor [*This form must be signed by the nurse(s) invoking safe harbor even if the supervisor completes the form in accordance with NPR Law §303.005(b-1) & (b-2).]:

Typed Signature: Valeria Kalk RN  Signature of the supervisor recording the nurse’s safe harbor invocation, if applicable [*Required if the nurse(s) orally invoke(s) safe harbor.]:

Your Supervisors Typed Signature: Christine RN DO NOT FAX OR MAIL THIS FORM TO THE BON. GIVE THIS FORM TO THE SUPERVISOR WHO MADE THE ASSIGNMENT OR REQUESTED THE CONDUCT FOR WHICH YOU ARE INVOKING SAFE HARBOR, AND KEEP A COPY FOR YOUR RECORDS. FYI: This Safe Harbor Quick Request Form is part 1 of 2 for valid invocation of Safe Harbor. Please complete part 2 of 2 (the Comprehensive Written Request for Safe Harbor Nursing Peer Review) before leaving the work setting at the end of the work period.

Part 2: Reflection Questions After you complete the two forms, answer these questions in the spaces provided. 1. How long did it take you to complete the Quick Form? The quick form took me about 5 minutes to complete. 2. Who else must complete portions of the form(s)? a. Supervisor, peer review committee, CNO/Nurse administrator

©2020 UT Arlington College of Nursing

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