CH 23 potter legal implications in nursing practice

Question 1

help to frame the health care system in which nurses practice.

Answer 1

Laws, standards, and policies

Question 2

, including constitutional law, statutory law, common law, administrative law, and case law.

Answer 2

laws govern nursing practice

Question 3

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

Answer 3

Constitutional law

Question 4

is derived from statutes passed by the US Congress and state legislatures. These laws are either civil or criminal

Answer 4

Statutory law

Question 5

protect the rights of individuals and provide for fair and equitable treatment when civil wrongs or violations occur

Answer 5

Civil laws

Question 6

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

Answer 6

Nurse Practice Acts

Question 7

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.

Answer 7

Criminal laws

Question 8

is an example of criminal statutory law.

Answer 8

Criminal mistreatment of vulnerable adults

Question 9

• criminal law (misd

- civil law

Answer 9

statutory law. can be

Question 10

, more clearly defines expectations of civil and criminal laws.

Answer 10

Administrative law, or regulatory law

Question 11

the State Board of Nursing or the Nursing Commission

Answer 11

Nurses can appeal violations to

Question 12

originates from decisions that were made in the absence of law.

Answer 12

Common law

Question 13

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.

Answer 13

Case law

Question 14

defines nursing and reflects the values of the nursing profession

Answer 14

scope of nursing practice

Question 15

reflect the knowledge and skill ordinarily possessed and used by nurses

Answer 15

Standards of nursing care

Question 16

and specialty nursing organizations develop standards for nursing practice, the code of ethics for nurses, and policy statements

Answer 16

American Nurses Association (ANA

Question 17

the scope and standards of nursing practice.

Answer 17

Nursing policies and procedures within health care agencies are based on

Question 18

is typically what a reasonably prudent nurse would do under similar circumstances in the geographic area in which the alleged breach occurred

Answer 18

standard of proof

Question 19

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.

Answer 19

standard of proof

Question 20

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

Answer 20

Omnibus Reconciliation Act of 1987

Question 21

(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.

Answer 21

Patient Protection and Affordable Care Act (PPACA) AKA Affordable Care Act (ACA)

Question 22

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

Answer 22

new Patient’s Bill of Rights, created by the ACA,

Question 23

(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

Answer 23

ACA intended to reduce overall medical costs by

Question 24

(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.

Answer 24

Emergency Medical Treatment and Active Labor Act

Question 25

provides rights to patients and protects employees.

Answer 25

Health Insurance Portability and Accountability Act (HIPAA, 1996)

Question 26

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).

Answer 26

privacy also set by for pt participate in Medicare and Medicaid

Question 27

new technology and social media.

- nurses must ensure that patient PHI is not inadvertently conveyed on social media

Answer 27

The Health Information Technology for Economic and Clinical Health Act (HITECH Act, 2009) was passed with HIPAA in response to

Question 28

identified nurses’ behaviors for appropriate use of social media.

Answer 28

international Nurse Regulators Collaborative (INRC)

Question 29

is a civil rights statute that protects the rights of people with physical or mental disabilities

Answer 29

Americans With Disabilities Act (ADA) of 1990 and amended in 2008

Question 30

requires health insurance companies to provide coverage for mental health and substance use disorder (SUD) treatment, just as they do for medical coverage.

Answer 30

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)

Question 31

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.

Answer 31

Patient Self-Determination Act (PSDA) enacted in 1991

Question 32

is a document developed by the patient that instructs others to do tasks before, during, and after his or her death

Answer 32

advance directive

Question 33

also include information about a patient’s preferences regarding end-of-life care

Answer 33

Living wills

Question 34

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.

Answer 34

Five Wishes is an organization that helps patients

Question 35

in which the state or government makes decisions on behalf of those who are unable to make decisions for themselves.

Answer 35

legal doctrine of parens patriae

Question 36

provides the foundation for the national organ donation system.

Answer 36

UAGA (Uniform Anatomical Gift Act)

Question 37

(1) spouse, (2) adult son or daughter, (3) parent, (4) adult brother or sister, (5) grandparent, and (6) guardian.

Answer 37

after person death qualified health care provider asks a patient’s family members to consider organ or tissue donation (approached in this order)

Question 38

prohibits the purchase or sale of organs

Answer 38

National Organ Transplant Act (1984)

Question 39

has a contract with the federal government and sets policies and guidelines for the procurement of organs.

Answer 39

Network for Organ Sharing (UNOS)

Question 40

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 (

Answer 40

Omnibus Reconciliation Act (OBRA) created legal definition of a restrain

Question 41

(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

Answer 41

Restraints can be used

Question 42

directs how health care will be delivered and regulates and licenses health care agencies and health care professionals providing care to citizens

Answer 42

State law

Question 43

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

Answer 43

Nurse Practice Act

Question 44

Creation of a state board of nursing, sometimes called the nursing commission, is part of a state Nurse Practice Act.

Answer 44

nursing commission

Question 45

licenses all RNs in the state in which they practice.

Answer 45

State Board of Nursing or Nursing Commission

Question 46

enables a nurse to practice in multiple states under one license;

Answer 46

enhanced nurse licensure compact (eNLC)

Question 47

is expensive when nurses do not have insurance that covers the costs of keeping their licenses to practice nursing.

Answer 47

Professional licensure defense

Question 48

is a contract between a nurse and an insurance company.

Answer 48

Professional licensure defense insurance