Chapter 4-Legal Responsbilities

Question 1

HIPAA

Answer 1

Health Insurance Portability and Accountability Act

Protects patient information as confidential

Question 2

ADA

Answer 2

Americans with Disabilities Act

Protects people with disabilities in all aspects of life

Question 3

MHPA

Answer 3

Mental Health Partiy Act

Protects clients from having limits on the dollar amount contributed to mental health benefits (should be no lower than medical/surgical dollar amounts)

Question 4

PSDA

Answer 4

Patient Self-Determination Act

Provides clients with advanced directives information upon admission to a healthcare facility.

Question 5

Criminal Law

Answer 5

A nurse falsifies documentation to cover a serious mistake.

Question 6

Civil Law

Answer 6

Protects an individuals rights

Ex) Tort Law

Question 7

Unintentional Torts

Answer 7

Negligence and Professional Negligence (Malpractice)

Question 8

Quasi-intentional Torts

Answer 8

Breach of Confidentiality and Defamation of Character

Question 9

Intentional Torts

Answer 9

Assault, Battery, and False Imprisonment

Question 10

Assault

Answer 10

Verbal Threats

Question 11

Battery

Answer 11

Intentional and wrongful physical contact with a person

Question 12

False Imprisonment

Answer 12

A person is confined or restrained against their will.

Question 13

Nurse Licensure Compact

Answer 13

Allows nurses who live in small/compact states to cross state lines using their same license.

Question 14

Professional Negligence

Answer 14

Failure of a person who has professional training to act in a reasonable and prudent manner.

Question 15

Clients Rights

Answer 15

Must be protected and upheld by nurses. Client’s have the right to understand the aspects of their care and be active in the decision making process. Accept, refuse, or request modification of the plan of care. Receive care from competent individuals who treat the client with respect.

Question 16

Provider Responsibilities of Informed Consent

Answer 16

Obtaining informed consent
Provider must give client:
-purpose of procedure
-description of procedure
-description of professionals performing procedure
-description of potential harm, pain, or discomfort
-options for other treatments
-option to refuse treatment and consequences

Question 17

Client Responsibilities of Informed Consent

Answer 17

Gives informed consent
Client must give:
-consent voluntarily (no coersion)
-be competent and of legal age 
-receive enough info to make a decision based on an understanding of what to expect

Question 18

Nurse Responsibilities of Informed Consent

Answer 18

Witness informed consent
Nurse must:
-ensure provider gave necessary info
-ensure client understood
-have client sign document
-notify the provider if client has questions
-document questions the client has, notification of provider, reinforcement of teaching, use of interpreter

Question 19

Types of Advanced Directives

Answer 19

Living Will (legal document that expresses clients wishes

Durable power of attorney (health care proxy)

Providers orders (DNR, AND “allow natural death”, CPR)

Question 20

Nurse’s Role in Advanced Directives

Answer 20

• provide written info
• document clients advanced directives status
• ensure they are up to date
• inform members of team of client’s choices

Question 21

Mandatory Reporting

Answer 21

• abuse (child, elder, adult violence)

- communicable diseases (TB, foodborne, hepatitis, immunizations, identify outbreaks and epidemics)