Chapter 23 Flashcards
Regulatory law
Reflects decisions made by administrative bodies
Nurse practice Acts
Describe and define the legal boundaries of nursing practice within each state
Common law
Judicial decisions made in courts when individual legal cases are decided
Criminal law
Prevent harm to society and provide punishment for crime
Felony
A serious crime that will imprison a person for over a year
Misdemeanor
Less serious crime with a fine or imprisonment of less than a year
Civil law
Protect individual rights and encourage fair treatment
Standards of care
Legal guidelines for nursing practice and provide minimum acceptable care
Americans with Disabilities act
Civil rights statue. Protects the rights of people with physical or mental disabilities. Prohibits discrimination and ensures equal Opportunities
Emergency medical treatment and active labor act
When a patient comes to the emergency room, they must be provided an accurate medical screening and cannot leave until the condition stabilizes
Mental Health parity act
If the health insurance provides mental insurance, the act forbids lifetime or annual limits on mental health coverage that are less generous for other benefits (ie. Medical/surgical)
Patient self-determination act
Requires health institutions to provide written information to patients concerning their rights to make decisions (ie.the right to refuse treatment)
Living wills
Written documents that direct treatment for a patient in the event of a terminal illness or condition
Durable power of attorney for health care
A legal document that designates a person to make health care decisions when the patient is no longer able to
Uniform anatomical gift act
A person 18 years of age has the right to make an organ donation
Hippa
Protects employees from losing health insurance when changing jobs (as long as they’ve had 12 months of coverage) and gives the patients right to consent the use and disclosure of their information
Joint commission’s rules for restraints (3)
1: only to ensure the physical safety of the resident or others
2: less restrictive methods are unsuccessful
3: only with the written consent of a health care provider
Licensure
All nurses must be licensed through the National council licensure examinations (NCLEX) & all must be registered in the state in which they practice
Good Samaritan law
Nurses are able to act as good Samaritans at the scene of an accident and their license would not be at stake if something happened as a result
Public health laws
The law have specific rules about reporting communicable diseases, immunizations etc.
nurses have the legal responsibility to enforce laws made to protect public health
We are also mandated reporters
Uniform determination of death act
Two standards: the cardiopulmonary where there must be irreversible cessation of circulatory ad respiratory functions and the whole-brain standard where there must be irreversible cessation of the entire brain and stem
Physician-assisted suicide
A competent individual with a terminal disease can make an oral or written request for medication to end his or her life (nurses can not help with this)
Tort
A civil wrong made against a person or property
Assault
Any action that places a person in apprehension of harmful or offensive contact without consent
