CH 45

  1. Statutory Laws
    A statute is a law passed by a federal Congress or by a state legislative body. Congress passes laws for the benefit of societyas a whole; whereas states use their police power to pass laws to ensure the general health, safety, and welfare of their citizens. The Nurse Practice Act (NPA) is an example of statutory law. THe legislative body of each state passes regulations (laws) that govern the profession of nursing, known as Nurse Practice Acts. These NPAs can be found in each state's Revised Statutes(ystavi, zakoni)
  2. Administrative Laws
    laws that govern administratice agancies that created at the federal levels by Congress and at the state level by its legislativce bodies. Within each state's Nurse Practice Act, the stte legislative body has created a State Board of nursing to enforce the NPA by passing the rules and regulations that are necessary to ensure compiance. There rules and regulations can be found in each state's Administrative Code.
  3. Common (Judicial ) Laws
    • A compilation (sostavleniya, soodeneniya) of laws mady by judges or courts.
    • Refered to as case law
    • based on common customs and traditions.
    • Comes from legal principles and guidelines that judges used in the same os similar circumstances to determine the outcome of legal cases.
  4. Regulatory Laws
    • State board of Nursing - duty to report incompetente nursing. DIfferent states emphasize certain things
    • variations state to state
  5. Nursing Standards of Care are defined in:
    • The Nurse Practice Acts and the State Board of Nursing in each state
    • Federal and State Laws regulating hospitals and other health care insiutions
    • Professional and specialty nursing organizations
    • written policies and precedures of employing institutions(more narrow than common laws)
  6. What federal laws and regulations guide nursing practice?
    • Bill of Rights
    • HIPPA
    • EMTALA
    • ADA
    • PSDA
  7. BIll of RIGHTS
    • First 10 amendments
    • Protecting patients' privacy rights
  8. HIPPA health insurance portability and accountability right
    • protecting patient's information (confidentiality)
    • Prevent discriminations - for insurance comp. against people with preexisting conditions. afther 12 months.
    • allowes patients to see, correct and request copies of their medical records.
  9. EMTALA Emergency medical treatment and active labor Act
    provide emergancy treatment to anyone seecking help at the ED regardless their ability to pay, legal status or citizenship status.
  10. PSDA Patient Self Determination Act
    • Patient can make own decisions regarding his own healthcare
    • Refuse or accpet med treatment
    • right to make advance directives
    • Educate staff and patients about advanced directves
    • Treat everyone the same regardelss of the presence or absence of advance diretive
  11. 2 types of Advance Directives
    • Living will:
    • Durable power of attorney for healthcare (DPOA): identifies a person who will make healthcare decisions in the event the patient is unable to do so.
  12. ADA Americans with Disabilities Act
    • protection against discrimination
    • disability - physical or mental impairment
    • ADA provides that empoyers must provide reasonable accommodations within the workt setting to allow employees ith disabilities to perform their job.
    • Mandatory Reproting Laws
    • Good Samaritan Laws
    • NUrse Practice Act:
    • - Credentialing
    • - Lisencing
    • - Discipline
  14. Mandatory Reporting Laws
    • report communicale diseases
    • physical, sexual, or emotional abuse or neglect of children, older adults or mental ill whether you suspect it or have actual evidence of it.
    • Financial exploitation of elderly
    • Fail to report is a criminal misdemeanor
    • Duty to report takes priorety over the patient's right to privace under HIPPA law.
  15. Good Samaritan LAWs
    • porects from liablity to those who provide emergency care to someone who has been injured outside of the hospital.
    • Emergancy cared provided has to be non paid.
    • Person receving care did not object to receving care.
  16. NPA Nurse Practice Act
    • NPAs are statutory laws passed by each state's legislative body that define the practice of nursing to:
    • protect patients or society
    • define the scope of nursing practice
    • identify the minimum level of nursing care that must be provided to clients
  17. Requirement of Lisensure
    is ment to insure that practicing nurses have met the minimum competences set by the state to protect the public
  18. Credentialing
    • is a voluntery form of self-regulation implyies that the person has met higher than the minimum standard of lisencure
    • accreditation(ex. accredetied nursing school) and certification(certification in emergancy nursing) are forms of credentialing
  19. ANA BIll of Rights for RNs
    7 conditions nurses should expect from their workplace that are necessary for sound professionla practice.
  20. 2 Types of COmmon law
    • criminal
    • Civil law
  21. What is Criminal Law
    • wrong doing againts society - crime
    • Felonies: more than 1 y in jail for murder, assisted suicide, rape...
    • Misdemeanor - less than 1 year, minor charge.
  22. Civil Law
    • resolve disputes between private parties.
    • 2 Types: Contract law and Tort Law
  23. Contract Law
    wirtten or oral agreement between two parties in which one party accepts an offer made by the other party to perfom (ex. employment contract)
  24. Tort Laws
    • Quasi-intentional: Injures a person's reputation. The overal lconcept for these torts is defamation of chracter
    • • Defamation
    • • Slander
    • • Libel
    • Intentional:
    • • Assault and battery
    • • False imprisonment
    • • Fraud
    • • Invasion of privacy
  25. Quasi Intentional Torts
    • Defamation: (diskreditaziya) was false
    • was made to another person or persons
    • caused the defamed person to experience shame and ridicule and had a negative impact on the person's reputation.
    • was make as a statement of fact rather than as an opinion
    • Libel: is the written or published form of defamation of caracter
    • SLander: is the spoken or verbal form of defamation of character.
  26. Intentional tort
    • action taken by oner person with. it doensnt have to be violent, hostiel or cause poin.
    • Assault:word expressing an intention to cause harm and action, threat.
    • Battery: (poboi, oskorbleniya deistviem) offensive or harmful physical contact without his consent. Unauthorized touching.
    • False Imprisonment: Restrainign of a person without proper legal authorization. If this person wishes to leave the facility contact nursing supervisor and primary provider, inform of the risks associated with leaving and giver her to sign out against medical advise (AMA)
    • Invasion of Privacy: violations would be: discusing patients in public, taking pics without permission,info to news, searching a patient's belonginigs, releasing med info.
    • Fraud: false representation of significant facts by words or by conduct. Making false statemtns.
  27. Non - Intentionla Torts
    • Negligence: failure to use ordinary or reasonable care or the failure to act in a reasonable and prudent(careful) manner.
    • Elements needed to prove negligence: Duty, Breach of duty, Causation, Damage.
    • Malpractice: is a subset of negligence: a wrong committed against an individual by a licensed professional. Malpractice claims from failure to maintain standards of practice inlcuding: failure to assess, diagnose, implement and evaluate patient responces to care.
  28. Common Causes of NUrsing Lawsuits
    • Medication and treatment errors
    • Failure to follow standars of care
    • Failure to assess and monitor
    • Fialure to communicate
    • Failure to use equipment in a responsible manner
    • Failure to act as a patient advocate
    • Infactions caused or made worse by poor nursing care
    • Failure to document
  29. Tips for Avoiding Malpractice
    • Develope opne honest, respectful, and caring relationships with patients and families
    • Document paient care thoroughly
    • Know and follow applicable laws: federal, state nurse practice acts
    • Know and follow your agancy policies and procedures
    • Follow the "six rights" of medication administration
    • Maintain patient privacy and confidentiality
    • Don't make statements that appear to be an admission of guilt - be factual about what happend.
  30. Informed Consent
    • is a person's agreement to allow something to happen: i.e. surgical precedure, diagnostic test, etc. based on a full disclore of risks, benefits, alternatives to surgery, and consequences of refusal
    • Failure to obtain informe dconsent, in situations other than emergenicies may result in a claim of battery
  31. What are the responsibility of accepting an assignment for client care and the definition of licnet abandonment?
    • The duty to the patient begin once you have accepted an assignment.
    • A patient abndonment - a nurse should naver leave the patient care unit without making certain ther ie another nurse available to provide care to the patient.
    • Report in writting to the supervisor about understaffing.
  32. Assisted suicide
    as providing a patient the means to end his life with full knowledge of the patient’s intentions to do so. Assisted suicide is therefore a form of active euthanasia. The ANA (2005) believes that nurses should not participate in active euthanasia (and assisted suicide) because such acts violate the Code of Ethics for Nurses and the ethical traditions of the profession.
  33. Uniform Anatomical Gift Act
    competent adults may make a gift of their body or any of their organs for medical science or transplantation. The person either makes a will or signs an organ donor card, such as you can see if you
  34. advance directives
    • provide instructions for healthcare that will be given at some future time, if the patient is unable to give instructions at that time.
    • Living will: is an advanced directive that declares the patient’s wishes regarding future healthcar
    • Durable power of attorney: identifies a person who will make the decisions in the event the patient is unable to.
Card Set
CH 45
N110 Legal Issues