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| Government directly involved and regulates relationships b/w individuals and govt. |
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| Regulates relationships among people |
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| state and fed criminal statues |
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| The sources of law at both federal and state are. . . |
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Definition
| Constitution, statutory law, administrative law and common law |
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| serves as guides to legislative bodies |
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| Enacted by legislative body (nurse practice act) |
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| Empowered by executive officers |
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| Judiciary system reconciles controversies |
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Laws written and enacted by legislatives bodies.
Violation of statutory law are criminal offenses and are punishable by fines or imprisonment |
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| The federal statutes related to nursing and health care. . . |
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Definition
| Have a major impact on nursing care-- mandate a minimum standard of care in all setting that receive federal funds (Medicare, Medicaid) |
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| Emergency Medical Treatment & Active Labor Law (EMTALA) - |
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Definition
-Enacted to prohibit the refusal of care for indigent and uninsured patients seeking medical assistance in emergency departments
-Prohibits the transfer of unstable patients, including women in active labor, from one facility to another
-Applicable to nonemergency facilities such as urgent care clinics |
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| Americans with Disabilities Act of 1990 (ADA)- |
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Definition
| -Prohibits discrimination against persons with disabilities by removing barriers that might prevent the same opportunities available to person without disabilities |
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| Patient Self-Determination Act of 1991- |
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Definition
| Requires that federally funded hospitals (medicare, medicaid) inform adult patients in writing about their right to make treatment choices and that they ask patients if they have a living will (advance directives) or durable power of attorney for health care |
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| Health Insurance Portability and Accountability Act of 1996 (Public Law No. 104-191) (HIPPA)- |
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| Intent of this law is to ensure confidentiality of the patient's medical records; the statute sets guidelines for maintaining the privacy of health data |
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| The Patient Safety and Quality Improvement Act- |
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Definition
| Allows certain disclosures of patient safety data |
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Term
| Nurse Practice Act and Board of Nursing rules and regulations do what? |
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Definition
Define the scope and limitation of professional nursing practice
-Vary from state to state but common elements include the following:
-definition of the term RN
-Description of professional nursing functions: Scope of practice
-Standards of competent performance
-Behaviors that represent misconduct or prohibited practices
-Grounds for disciplinary action
-Fines and penalties for violations |
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Term
| Two types of Standards are..? |
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Definition
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| Voluntary standards are..? |
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Definition
-Developed and implemented by nursing profession
American Nurses Association standards of practice
Accreditation of education programs
Certification standards in general and specialty |
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Term
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Definition
Developed by legislature and implemented by authority from the state
-Requirements for licensure and certification
-Minimum standards for education of nurses
-Nurse Practice Acts |
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| Define credentialing and the 3 process' used in nursing |
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Definition
-Ways to ensure and maintain professional competence
3 ways=
1. Accreditation: Educational program is evaluated as having met standards
2. Licensure: State determines that a candidate meets certain minimum requirements to practice and grants license to do so
3. Certification: A person has met certain criteria established by a nongovernmental association and is recognized in a specified practice |
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Term
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Definition
Wrong against a person or his or her property as well as the public, punishable by the state
-Misdemeanor: Punishable by fines or less than 1 year imprisonment
-Felony: Punishable by imprisonment for more than 1 year |
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Term
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Definition
A wrong committed by a person against another person or his or her property; tried in civil court
-Intentional:
- assault and batter
- defamation of character
- invasion of privacy- HIPPA
- false imprisonment
- fraud
-Unintentional:
- negligence
- malpractice |
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Term
| HIPPA (Published December 2000) 4 main components and punishments for violation of HIPPA |
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Definition
-Privacy: protects and controls health info
-Security standards: safety and health info
-Identifiers: info that cannot be released for research
-Codes: involve the transfer of info
-Punishable by fine as much as 250,000 or go to jail for up to 10 years |
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Term
| List the 4 elements required to prove malpractice or negligence |
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Definition
- Duty: Obligation to use due care in the nurse-patient relationship
- Breach of Duty: Failure to meet the standard of care
- Causation: Failure to meet the standard of care resulted in injury (hardest aspect to prove)
- Damages: The actual harm or injury that occured |
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Term
| List 3 roles of nurses in legal proceedings |
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Definition
1 Nurse as defendent
2 nurse as fact witness (eye witness; first hand account)
3 nurse as expert witness (preferably nurse with same educational and working background as nurse defendant) |
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| List the 17 Legal safeguards |
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Definition
1. Informed consent
2. Contracts
3. Collective bargaining
4. Competent practice
5. Patient education
6. Executing physician orders
7. Documentation (document, document)
8. Delegating Nursing care
9. Whistle-Blowing
10. Adequate Staffing
11. Professional liability insurance
12. Risk management programs
13. Incident reports
14. Joint Commission sentinel events policy
15. Never events
16. Patient bill of rights
17. Good Samaritan laws |
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Term
| 4 Element of informed consent |
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Definition
-Disclosure
-Comprehension
-Competence
-Voluntariness |
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Term
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Definition
Where a member or former member of an organization warns the public about wrongdoing or danger created or masked by the organization
-Laws created to prevent employers from taking retaliatory action
-Some states now require protections such as safe staffing and mandatory overtime prohibitions |
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Term
| What are the 8 safeguards to competent practice? |
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Definition
1. Respecting legal boundaries of practice
2. Following institutional procedures and policies
3. Owning personal strengths and weaknesses
4. Evaluating proposed assignments
5. Keeping current
6. Respecting patients rights and developing rapport with patients
7. Keeping careful documentation
8. Working within agency for management policies |
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Term
| List some things about professional liability insurance |
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Definition
| It may be beneficial on the part of the nurse to have this insurance because if there is a legitimate claim against you, the opposing group will still come for you. |
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Term
| What are 3 things that provide risk management? |
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Definition
1. Safety program
2. Products safety program
3. Quality assurance programs
-report near misses |
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Term
| List the aspects of student liability in clinical |
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Definition
-Student nurses are held to the same standard of care as an RN
-Responsible for own acts of negligence if results in pt injury
-Legal responsibilities include
-preparation for each clinical experience
-Notify instructor in unprepared to carry out task
-being familiar with each agency's policies and procedures
-notify staff member or instructor of pt change
-do not perform RN duties outside supervised clinical setting |
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| **Instances where the nurse is OBLIGATED to report!** |
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Definition
-Nurses are REQUIRED to report abuse, rape, communicable disease
-Nurse responsible for knowing legally what to report and to whom
-Nurses are often the first to detect abuse - obligated both ethically and legally to report abuse
-Protected from law suits from alleged abusers for erroneously filing a report of suspected abuse (report it, and even if it was wrong, you won't get in trouble) |
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