The first category is the laws and decrees formulated by the competent state departments through the legislature. It can be a part of the national health law, or it can be a nursing professional law formulated according to the national basic health law.
The second category is the laws and regulations formulated by the government or local authorities according to the health law.
The third category is the regulations, articles of association and provisions on membership recognition standards and nursing practice, which are formulated by professional organizations authorized by the government.
In addition to the above three categories, such as labor law, education law, occupational safety law, and even the rules and regulations formulated by the hospital itself have an important impact on nursing practice.
The basic content of Nursing Law mainly includes four parts: general program, nursing education, nurse registration and nursing service.
The general outline part expounds the legal status of nursing law, the basic goal of nursing legislation, the provisions of legislative procedures, the definition of nursing, the relationship between the purpose of nursing work and human health and its social value.
The part of nursing education includes the type of education, educational purpose, specialty setting, compilation standards, examination and approval procedures, standards and procedures for registration and cancellation of registration, as well as the requirements for nursing students who require admission, the educational system and curriculum of nursing schools, and even the arrangement of class hours, examination procedures and a set of scientific evaluation regulations for nursing schools.
The part of nurse registration includes detailed provisions such as registration type, registration institution, standards and procedures for domestic or non-domestic nurses to apply for registration, and standards for granting nursing service qualifications or granting registration.
The management service part includes the classification and naming of nursing staff, the responsibility scope, rights and obligations, management system and professional work norms of all kinds of nursing staff, the professional ability standards that all kinds of nursing staff should achieve, and the ethical issues of nursing service. , including the procedures and standards for dealing with nursing staff who violate these regulations.
Extended data principle
1. The highest principle of constitutional authority
Constitution is the fundamental law of the country and has the highest authority in law. The formulation of nursing law must be carried out under the general provisions of the national constitution, and there is no place to offset it. Nor can nursing laws and regulations conflict with any other laws and regulations promulgated by the state.
2. It conforms to the principle of nursing practice in China.
The formulation of nursing law, on the one hand, should learn from and absorb the experience of nursing legislation in developed countries and establish some advanced goals; On the other hand, it is also necessary to establish more practical terms based on China's cultural background, political and economic conditions and taking into account the level of nursing development in different regions of the country. If it is divorced from the reality of our country, it will be difficult to implement, not only losing the advanced and scientific nature of legislation, but also losing the effectiveness of legislation.
3. Principles embodying modern nursing concepts.
In recent decades, nursing has formed a relatively complete theoretical system from nursing education to nursing service, from nursing ethics to nursing behavior, from nursing diagnosis to implementation and evaluation of nursing plan, and even nursing consultation and management. Only nurses who have received formal training and passed the examination are qualified to engage in practical nursing services. Nursing law should embody the monopoly, technicality and compulsion of nursing specialty, so as to enhance the sense of responsibility of nursing staff and improve the legitimacy of social interests.
4. The principle of showing legal characteristics
The Nursing Law, like other laws, should be compulsory, fair and stable, so the wording of the provisions must be accurate, incisive, scientific and easy to understand.