Legal Certainty of Nurses’ Authority in the Conduct of Independent Nursing Practice

Abstract

Independent nursing practice now operates under a new legal regime: Law No. 17 of 2023 on Health replaced the nursing law, and Minister of Health Regulation No. 13 of 2025 revoked the ministerial regulation that specifically governed nurses’ independent practice. This study analyses how nurses’ authority in independent practice is regulated and how certain the limits of that authority are in law. It uses normative legal research that is descriptive and analytical, with statutory, conceptual and limited case approaches, based on library and document study. The results show that a nurse’s authority rests on competence, a registration certificate and a practice licence tied to the place of practice, with delegation by mandate or by delegation of authority. Practising without registration or a licence attracts administrative sanctions, while criminal penalties are aimed at people who are not health workers and at those who employ staff without a licence. Uncertainty lies in three matters: the list of procedures for each level of nurse, the requirements for an independent practice site, and the transitional norm, because, according to the summary the authors read, the transitional provision refers to earlier ministerial regulations although the nursing-specific regulation has been revoked. The study concludes that the basis of authority and sanctions is clear, but the limits of procedures and the transitional norm are not yet certain.