CH 23 potter legal implications in nursing practice Flashcards
help to frame the health care system in which nurses practice.
Laws, standards, and policies
, including constitutional law, statutory law, common law, administrative law, and case law.
laws govern nursing practice
is derived from federal and state constitutions. For example, in the United States, a constitutional right afforded to every citizen is the right to refuse treatment
Constitutional law
is derived from statutes passed by the US Congress and state legislatures. These laws are either civil or criminal
Statutory law
protect the rights of individuals and provide for fair and equitable treatment when civil wrongs or violations occur
Civil laws
are civil state laws that define nursing and the standards you must meet within individual states. As a nursing student, you will find your scope of practice, the educational requirements you must have, and information you may need in the future when you want to take the NCLEX exam in your state’s Nurse Practice Act
Nurse Practice Acts
protect society and provide punishment for crimes, which are defined by municipal, state, and federal legislation
-actions that violate criminal laws are defined as either misdemeanors or felonies.
Criminal laws
is an example of criminal statutory law.
Criminal mistreatment of vulnerable adults
- criminal law (misd
- civil law
statutory law. can be
, more clearly defines expectations of civil and criminal laws.
Administrative law, or regulatory law
the State Board of Nursing or the Nursing Commission
Nurses can appeal violations to
originates from decisions that were made in the absence of law.
Common law
describes decisions made in legal cases that were resolved in courts. After a case is presented to a judge or jury, there is a report of the issue, facts, findings, and subsequent decision that was made to resolve the issue.
Case law
defines nursing and reflects the values of the nursing profession
scope of nursing practice
reflect the knowledge and skill ordinarily possessed and used by nurses
Standards of nursing care
and specialty nursing organizations develop standards for nursing practice, the code of ethics for nurses, and policy statements
American Nurses Association (ANA
the scope and standards of nursing practice.
Nursing policies and procedures within health care agencies are based on
is typically what a reasonably prudent nurse would do under similar circumstances in the geographic area in which the alleged breach occurred
standard of proof
standard of proof in this case is the degree to which the evidence must show that a duty of care was violated, resulting in harm to the patient.
standard of proof
mandated that skilled nursing facility residents are given rights, including but not limited to being able to vote, receiving visitors privately, receiving a 30830-day notice of discharge before moving from the facility, and being able to participate in meetings to develop their plan of care
Omnibus Reconciliation Act of 1987
(1) consumer rights and protections,
(2) affordable health care coverage,
(3) increased access to care,
(4) quality of care that meets the needs of patients.
Patient Protection and Affordable Care Act (PPACA) AKA Affordable Care Act (ACA)
prohibits patients from being denied health care coverage because of prior existing conditions, limits on the amount of care for those conditions, and/or an accidental mistake in paperwork when a patient got sick
new Patient’s Bill of Rights, created by the ACA,
(1) providing tax credits, (2) increasing insurance company accountability for premiums and rate increases, and (3) increasing the number of choices available to patients to select insurers that best meet their needs
ACA intended to reduce overall medical costs by
(EMTALA) (1986) prohibits the transfer of patients from private to public hospitals without appropriate screening and stabilization.
- Exceptions to this provision include if a patient requests transfer or discharge in writing after receiving information about the benefits and risks of the transfer or if a physician or nurse practitioner certifies that the benefits of transfer outweigh the risks.
Emergency Medical Treatment and Active Labor Act
provides rights to patients and protects employees.
Health Insurance Portability and Accountability Act (HIPAA, 1996)
standards require that hospitals and health care providers give notice to patients of their rights to decisions about their care, grievances regarding their care management, personal freedom and safety, confidentiality, access to their own medical records, and freedom from physical or chemical restraints that are not clinically necessary
- Exceptions apply to psychotherapy notes or when a health care provider has determined that access would result in harm to the patient or another party (Privacy Rights Clearinghouse, 2018).
privacy also set by for pt participate in Medicare and Medicaid
new technology and social media.
- nurses must ensure that patient PHI is not inadvertently conveyed on social media
The Health Information Technology for Economic and Clinical Health Act (HITECH Act, 2009) was passed with HIPAA in response to
identified nurses’ behaviors for appropriate use of social media.
international Nurse Regulators Collaborative (INRC)
is a civil rights statute that protects the rights of people with physical or mental disabilities
Americans With Disabilities Act (ADA) of 1990 and amended in 2008
requires health insurance companies to provide coverage for mental health and substance use disorder (SUD) treatment, just as they do for medical coverage.
Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) (as amended by the Health Care and Education Reconciliation Act of 2010 and collectively part of the ACA)
requires health care institutions to provide written information to patients concerning their rights to make decisions about their care, including the right to refuse treatment and to formulate an advance directive.
Patient Self-Determination Act (PSDA) enacted in 1991
is a document developed by the patient that instructs others to do tasks before, during, and after his or her death
advance directive
also include information about a patient’s preferences regarding end-of-life care
Living wills
write their directives when responding to five questions. The questions help patients identify a DPAHC, the kind of medical treatment wanted or not wanted, comfort measures they wish to receive, how they want to be treated by those around them, and what they want those who love them to know.
Five Wishes is an organization that helps patients
in which the state or government makes decisions on behalf of those who are unable to make decisions for themselves.
legal doctrine of parens patriae
provides the foundation for the national organ donation system.
UAGA (Uniform Anatomical Gift Act)
(1) spouse, (2) adult son or daughter, (3) parent, (4) adult brother or sister, (5) grandparent, and (6) guardian.
after person death qualified health care provider asks a patient’s family members to consider organ or tissue donation (approached in this order)
prohibits the purchase or sale of organs
National Organ Transplant Act (1984)
has a contract with the federal government and sets policies and guidelines for the procurement of organs.
Network for Organ Sharing (UNOS)
is any manual method, physical or mechanical device, or material or equipment that immobilizes or reduces the ability of a patient to move freely, with a chemical restraint including the use of medication to alter the behavior of a patient (
Omnibus Reconciliation Act (OBRA) created legal definition of a restrain
(1) only to ensure the physical safety of the patient or other patients, (2) when less restrictive interventions are unsuccessful, and (3) only on the written order of a health care provider
Restraints can be used
directs how health care will be delivered and regulates and licenses health care agencies and health care professionals providing care to citizens
State law
state laws intended to protect citizens, make nurses accountable, and ensure that care is consistent with best practice within the scope and standards of nursin
Nurse Practice Act
Creation of a state board of nursing, sometimes called the nursing commission, is part of a state Nurse Practice Act.
nursing commission
licenses all RNs in the state in which they practice.
State Board of Nursing or Nursing Commission
enables a nurse to practice in multiple states under one license;
enhanced nurse licensure compact (eNLC)
is expensive when nurses do not have insurance that covers the costs of keeping their licenses to practice nursing.
Professional licensure defense
is a contract between a nurse and an insurance company.
Professional licensure defense insurance
