; (2) determine using professional judgment in accordance with State nursing laws and regulations of the State in which the direct nursing care is being performed whether the nurse is competent to perform the nursing care required; and (3) determine whether acceptance of a patient assignment would expose the patient or nurse to risk of harm. (c) Objection to or refusal of assignment A nurse may object to, or refuse to participate in, any activity, policy, practice, assignment, or task if in good faith— (1) the nurse reasonably believes it to be in violation of section 3401 or 3403