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When Can a Nurse Invoke Safe Harbor and Refuse the Assignment?

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When Can a Nurse Invoke Safe Harbor and Refuse the Assignment?

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The NPA, section 301.352 permits a nurse to refuse an assignment when the nurse believes in good faith that the requested conduct or assignment could constitute grounds for reporting the nurse to the board under NPA 301.401(1), could constitute a minor incident, or could constitute another violation of the board statutes or rules. Situations involving potential risk of harm to patients or the public are referred to as “violating the nurse’s duty to the patient” because all nurses have a duty under rule 217.11(1)(B) to maintain a safe environment for patients/clients and others for whom the nurse is responsible. Safe Harbor enables a nurse in most circumstances to accept the assignment, thus allowing the nurse to protect his/her nursing license from board sanctions while at the same time delivering the best care possible to a patient(s). Patients are better off with the nurse than without the nurse in the vast majority of cases; however, rule 217.20(g) clarifies that a nurse may engage

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