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Registered Nurse/Licensed Practical Nurse
Advisory Opinions

101-008 ADVISORY OPINIONS: As set forth in Neb. Rev. Stat. § 38-2216, one of the powers and duties of the Board of Nursing is to, if requested, issue or decline to issue advisory opinions defining acts which in the opinion of the Board are or are not permitted in the practice of nursing as defined in Neb. Rev. Stat. § 38-2210. These opinions are informational only and are nonbinding. These opinions may be given in response to requests from nurses, employers, institutions, consumers and any other interested persons.

Regardless whether the Board has issued an opinion determining that a specific activity is "within" the nursing scope of practice, a licensed nurse is accountable to be competent for all nursing care that he/she provides. Competence means the ability of the nurse to apply interpersonal, technical and decision-making skills at the level of knowledge consistent with the prevailing standard for the nursing activity being applied. Individual competency varies among nurses; when a nurse does not personally have the competence to perform an activity, such activity is "outside the scope" of practice for that nurse.

Accountability also includes acknowledgement of personal limitations in knowledge and skills, and communicating the need for specialized instruction prior to providing any nursing activity. Please see the Advisory Opinion on Accountability for Professional Conduct for further information on accountability for nurses to acquire and maintain competence.

To view the Advisory Opinions issued by the Nebraska Board of Nursing, click here.

How to Request Advisory Opinions

Process for Issuing Advisory Opinions by the Board of Nursing
(from Title 172 NAC 101: The Regulations Governing the Practice of Nursing)

-The nursing practice consultant will review all written requests for advisory opinions to determine completeness and clarity of the request.

     1. The nursing practice consultant will communicate to the requesting persons
         the need for any additional information and/or clarification; and

     2. If the nursing practice issue which is the subject of the request has already
         been addressed by the Board, the nursing practice consultant will
         communicate the advisory opinion(s) to the requesting party(ies). 

-The written request for a previously unaddressed advisory opinion will be placed on the agenda of a regularly scheduled meeting of the Nursing Practice Committee and/or Board.

-The Nursing Practice Committee will review and study the nursing practice issue, and will formulate an advisory opinion recommendation for action by the Board. In formulating a recommendation, the Committee and/or Board will, as appropriate: consult with and obtain input from the nursing population via individuals and agencies, organizations, associations, regulatory bodies, and professional organizations representing health care professionals and institutions; and review literature and research to determine state, regional, and national trends.


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