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Licensure, ethics & practice

Nursing Scope of Practice by State

By Brandy Seyller, BSN, RN, CAVRN, CLNC

May 24, 2025 · 4 min read

Nursing Scope of Practice by State: What Matters for Legal Arguments

When it comes to the legal responsibilities and liabilities of healthcare providers, understanding the nursing scope of practice is crucial. Nurses are vital to patient care, and their role in clinical settings often involves making important decisions that impact patient outcomes. However, what nurses are legally permitted to do can vary significantly depending on the state they practice in. This variation is crucial for legal arguments, especially in cases involving medical malpractice, negligence, or personal injury.

What is Scope of Practice?

The scope of practice defines the procedures, actions, and processes that a nurse is legally permitted to perform in their professional role. This includes clinical tasks, decision-making authority, and professional judgment. Nurses must adhere to their state's Nurse Practice Act (NPA), which is a set of laws that regulate nursing practice and ensure that nurses provide safe, competent care.

State-Specific Variations

While nursing licensure is regulated at the state level, the rules governing what nurses can and cannot do can differ greatly from state to state. Each state's Nurse Practice Act provides specific guidelines that detail the scope of nursing practice. These regulations often take into account the nurse's education, training, and certification, as well as the state's legal framework.

For legal professionals, understanding these state-specific differences is essential for making arguments about whether a nurse has exceeded their scope of practice or acted within the bounds of their duties. For example:

  • Advanced Practice Nurses (APNs): In some states, nurse practitioners (NPs), nurse anesthetists (CRNAs), and nurse midwives (CNMs) have the ability to prescribe medications, order diagnostic tests, and make clinical decisions independently, while in other states, these activities may require physician supervision or collaboration.
  • Registered Nurses (RNs): In certain states, RNs have broader authority in clinical decision-making, whereas in others, their scope may be more restricted. For instance, some states may allow RNs to initiate specific interventions (e.g., administering certain medications or performing certain diagnostic procedures), while others do not.
  • Licensed Practical Nurses (LPNs): The scope of practice for LPNs is often more limited and may be subject to oversight from an RN or physician. However, the duties they are allowed to perform also vary by state.

Legal Implications of Scope of Practice Violations

Understanding the scope of practice is essential for legal professionals when evaluating cases involving nursing care. Violations of scope of practice can lead to legal consequences for nurses, hospitals, or healthcare facilities, including:

  • Medical Malpractice: If a nurse performs an action outside their legal scope of practice and causes harm to a patient, they could be held liable for malpractice. For example, if an RN in a state that requires a physician's supervision for certain procedures performs those procedures independently, they could be accused of practicing outside their scope.
  • Negligence: A nurse who fails to adhere to their state’s scope of practice regulations may also be deemed negligent if their actions result in harm. Legal arguments might center around whether the nurse acted within their defined scope and whether their actions were a reasonable standard of care.
  • Licensing Actions: Nurses who exceed their scope of practice may face disciplinary actions from their state board of nursing, including suspension or revocation of their nursing license. For legal professionals, proving that a nurse has stepped outside of their defined scope of practice can be crucial in disciplinary hearings or malpractice lawsuits.

How Scope of Practice Relates to Legal Arguments

For attorneys, the scope of practice is an essential factor in evaluating whether nursing actions fall within the standard of care expected in a given clinical setting. Legal arguments often hinge on whether the nurse adhered to the boundaries set by their state's Nurse Practice Act, and whether deviation from that scope caused harm.

Key points to consider when incorporating nursing scope of practice into legal arguments:

1. State Laws and Regulations: Since the scope of practice is defined by state law, attorneys need to thoroughly examine the Nurse Practice Act of the state in which the nurse was practicing to determine whether the actions taken were legally permissible.

2. Role of the Nurse: Differentiating between RNs, LPNs, and APNs, and understanding the specific duties and privileges assigned to each type of nurse in a particular state, is crucial when assessing liability. 3. Expert Testimony: In many cases, expert witnesses may be called to testify about the standard of care and whether a nurse's actions fell within the scope of practice. These experts must be familiar with both the legal and clinical aspects of nursing practice in the relevant state.

4. Documentation: Accurate documentation can play a vital role in determining whether a nurse acted within their scope of practice. Clear and thorough records can help establish whether nursing actions were appropriate and within legal boundaries.

Conclusion

In the complex world of healthcare law, understanding the nuances of nursing scope of practice by state is essential for constructing strong legal arguments. Attorneys involved in medical malpractice or personal injury cases must be aware of the specific regulations governing nursing practice in each state and how these regulations impact the responsibilities and actions of healthcare providers. By grasping the role of scope of practice in the legal context, legal professionals can better assess the viability of their cases and support their arguments with evidence rooted in state law and nursing regulations.

Sources

This article is for general education only and is not legal advice. Legal nurse consultants are not attorneys. Rules vary by state and court, so talk with an attorney about your own situation. Never share patient information outside of an authorized legal matter.

BS
Brandy Seyller, BSN, RN, CAVRN, CLNC
Critical care nurse with 22+ years of experience, legal nurse consultant since 2017, founder of ClinicianExperts.com. LinkedIn

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