CH 3. Ethics, Laws and Delegation in Nursing Flashcards
value
belief in somethings worth
ethics
values that influence our behavior and decisions
Why do we need to identify our own values and ethics in order to provide ethical care for our patients?
to ensure we are providing the best care for the patient in terms of respect, compassion, and honesty
What does it mean to advocate for the patient and why is it important?
Advocating for your patient means to speak up for them for the patient’s best interest and it is important to do so because some patients are unable to
Ways to provide ethical care
treat patients with respect, honoring their feelings, treat patient with dignity, care for patients with honesty, provide compassion
Civility
treating others with respect, courtesy, politeness even if you disagree
Statutory laws affecting nurses
nursing practice and license are subject to federal laws, so nurses/students are responsible for doing tasks competently
includes the nursing practice act
Health insurance Portability and Accountability Act of 1966 (HIPAA)
provides for confidential maintenance of protected health info.
- includes privacy rule and security rule
Health Information Technology for Economic and Clinical Health (HITECH)
adoption of EHR & notify patients when health information has been breached
- put in place the breach notification rule
Nurse practice acts
each state has NPA that defines the scope of practice
ex: Oklahoma’s NPA covers LPN, RN, advanced-practice RNS, and authorized assistive personnel
Boards of Nursing
- administer and enforce the NPA
- authority to license nurses, take disciplinary actions towards nurses who don’t follow NPA & regulate practice of nursing/education
mandatory reporting laws (statutes)
- protect the public and track outbreaks of disease
- child abuse, elder abuse, abuse on disabled (physical, sexual, emotional/verbal)
- require nurses report certain communicable disease to CDC
Five areas of tort laws that affect nurses
- malpractice, negligence, false imprisonment, assault, battery & sexual harassment
Legal Docs: Patient Health Record & LVN’s responsibility
LVN responsibility to protect the patient information; no assumptions, accurate, in time manner
Legal Docs: Informed Consent & Responsibility
voluntary agreement to proceed with procedure; if not it can be charged as assault & battery
LVN responsibility to make sure informed consent is obtained & inform health-care provider if they change their mind
Legal Docs: Advanced Directives & Responsibility
written documents that state their medical decisions when they are unable to do so.
proxy directive: power of attorney
instructional: living will
LVN responsibility to ask patient whether they have a living will or advance directive - document
Legal Docs: Incident Reports & Responsibility
unusual occurrence or accident
LVN responsibility to report what happened, who was involved, who witnessed it, & treatment
- also known as unusual occurrence reports or variance reports
Professional Responsibilities
being accountable, securing professional liability insurance, est. professional boundaries, delegating tasks in nursing. achieving competence, following standards of care, continuing education
5 Rights of Delegation est. by National Council of State Boards of Nursing
the right task, under the right circumstances, to the right person, with the right directions and communication, under the right supervision and evaluation
Good Samaritan Law
protects nurses who volunteer to assist in an accident from legal liability
What legal documents fo LPN/LVNs have responsibilities over?
patient’s health record, informed consent, advanced directives, and incident reports
standards of care
statements of actions that are consistent with minimum safe professional conduct under specific guidelines
Who are the people required to provide their signatures on the informed consent form?
the health-care provider, the patient or custodial parent or legal parents (stepparents cannot sign in most states) and a witness
When is the only time that a medical treatment may be provided without written consent?
when there is a life-threatening emergency - law then allows for implied consent