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Although the MRPC generally is not binding law in and of itself, it is intended to be a model for state regulators of the legal profession (such as bar associations) to adopt, while leaving room for state-specific adaptations. [1] All fifty states and the District of Columbia have adopted legal ethics rules based at least in part on the MRPC ...
Nurse licensure is the process by which various regulatory bodies, usually a Board of Nursing, regulate the practice of nursing within its jurisdiction. The primary purpose of nurse licensure is to grant permission to practice as a nurse after verifying the applicant has met minimal competencies to safely perform nursing activities within nursing's scope of practice.
Godinez v. Moran, 509 U.S. 389 (1993), was a landmark decision in which the U.S. Supreme Court ruled that if a defendant was competent to stand trial, they were automatically competent to plead guilty, and thereby waive the panoply of trial rights, including the right to counsel.
Licensure restricts entry into professional careers in medicine, nursing, law, business, pharmacy, psychology, social work, teaching, engineering, surveying, and architecture. Advocates claim that licensure protects the consumer [citation needed] through the application of professional, educational and/or ethical standards of practice.
In United States and Canadian law [citation needed], competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific.
UAPs also provide bedside care—including basic nursing procedures—all under the supervision of a registered nurse, licensed practical nurse or other health care professional. UAPs must demonstrate their ability and competence before gaining any expanded responsibilities in a clinical setting.
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The Court had recognized these two rights on competency for some time. In Dusky v.United States, 362 U.S. 402 (1960), and in Drope v. Missouri, 420 U.S. 162 (1975), the Court established the standard for competency to stand trial—the defendant must have a "rational and factual understanding" of the nature of the proceedings, and must be able to rationally assist his lawyer in defending him.