Class 5 Professional Liability Flashcards
Standards of Nursing Practice
guidelines for what?
aka?
determines what 2 things?
Provides guidelines for nursing practice; also referred to as Standards of Care, the Nursing Process
Determine whether a nurse has acted in a “reasonably prudent” manner
Determines whether the nurse has acted the same as another nurse in a similar setting with the same credentials would have acted
Standards of Nursing Practice aka?
Provides guidelines for nursing practice; also referred to as Standards of Care, the Nursing Process
Standards of Nursing Practice determines what 2 things?
Determine whether a nurse has acted in a “reasonably prudent” manner
Determines whether the nurse has acted the same as another nurse in a similar setting with the same credentials would have acted
who oversees Nurse Practice Acts?
State Boards of Nursing oversee Nurse Practice Acts:
Regulate scope of nursing practice
Protect public health, safety and welfare
Shields public from unqualified and unsafe nurses
Establish minimum education, required certifications, and practice guidelines for advanced practice nursing
State Boards of Nursing oversee Nurse Practice Acts
what 4 things do they do?
SEDAN LSS
ssee
State Boards of Nursing oversee Nurse Practice Acts:
Regulate scope of nursing practice
Protect public health, safety and welfare
Shields public from unqualified and unsafe nurses
Establish minimum education, required certifications, and practice guidelines for advanced practice nursing
Public Health Code
In Michigan what do they do?
what 4 legal boundaries do we need to know
In Michigan, defines the legal boundaries of Nursing Practice
Standard of Practice for a Student
Safe and prudent care
Based on standards of Professional Nursing Practice
Same as a professional nurse
Student Liability
Who is Liable for Your Actions as a Student?
Who is Liable for Your Actions as a Student? You Your instructor MCC Nursing Program Institution where you are practicing
Students are Not Employees: Implications
No workers comp
No health care coverage
No disability
Need to carry your own health and liability insurance
Student Liability
Students are Not Employees: Implications?
Students are Not Employees: Implications
No workers comp
No health care coverage
No disability
Need to carry your own health and liability insurance
Federal Statutes and Nursing Practice
what does HIPAA stand for?
what does ADA stand for?
what does EMTALA stand for?
Name of Gift Act?
what does OSHA stand for?
Health Insurance Portability and Accountability Act (HIPAA)
Americans with Disabilities Act (ADA)
Emergency Medical Treatments Active Labor Act (EMTALA)
Patient Self Determination- Advanced Directives- Living Wills
Durable Power of Attorney for Health Care (DPAHC)
Uniform Anatomical Gift Act
Occupational Safety and Health Act (OSHA)
Federal Statutes and Nursing Practice
What does HIPAA stand for ?
What year was HIPAA established?
What 5 things does HIPAA do?
HIPAA (1996) Health Insurance Portability and Accountability Act
Protects privacy of personal health info Establishes guidelines for sharing info regarding patient Limits access to patient charts Confidentiality Allows patient to receive a copy
Federal Statutes and Nursing Practice
HIPAA what are the 2 main reasons for?
Confidentiality and Privacy
Privacy—the right to keep personal info from being disclosed
Confidentiality—protects private info once it has been disclosed in health care settings
Federal Statutes and Nursing Practice
What does EMTALA stand for?
what year established?
what 3 does it say?
Emergency Medical Treatments and Active Labor Act
( EMTALA 1986)
A hospital must perform a medical screening exam to any person coming to the ED seeking care.
A patient must be stabilized prior to transfer to another facility. (“dumping” patients)
A hospital may not transfer an unstable patient.
Patient can be transferred by their own request.
Federal Statutes and Nursing Practice
name of act for Advanced Directives?
year established?
what 4 things we need to know this Act does?
Patient Self Determination Act 1991 (Advanced Directives)
Based on values of informed consent, patient autonomy over end-of-life decisions, truth telling and control over the dying process.
Health care facilities must provide written info to patients concerning their rights to make healthcare decisions including the right to refuse treatment and develop an advanced directive.
The patient’s medical record needs to have documented whether or not the patient has signed an advanced directive.
Living wills or durable powers of attorney for health care are enforceable.
The patient must be legally competent.
Federal Statutes and Nursing Practice
Patient Self Determination Act 1991 (Advanced Directives)
what 3 legal documents used?
Living will: Written document that directs treatment according to the patient wishes in the event of a terminal illness or condition. (Specific procedures)
Durable power of attorney: A legal document that designates a person or persons chosen by the patient to make health care decisions when no longer able to make decisions.
DNR-Do not resuscitate. Pt and family wishes to honor the patient’s wish to die with dignity.
Federal Statutes and Nursing Practice
Patient Self Determination Act 1991 (Advanced Directives)
what is a living will?
Living will:
Written document that directs treatment according to the patient wishes in the event of a terminal illness or condition. (Specific procedures)
Federal Statutes and Nursing Practice
Patient Self Determination Act 1991 (Advanced Directives)
what is durable power of attorney?
Durable power of attorney:
A legal document that designates a person or persons chosen by the patient to make health care decisions when no longer able to make decisions.
Federal Statutes and Nursing Practice
Patient Self Determination Act 1991 (Advanced Directives)
what is DNR? What does DNR stand for?
DNR-Do not resuscitate.
Pt and family wishes to honor the patient’s wish to die with dignity.
Federal Statutes and Nursing Practice
what does ADA stand for?
what year ADA established?
Americans with Disabilities Act (1990)
Federal Statutes and Nursing Practice
Americans with Disabilities Act (1990) - ADA
what 3 things do we need to know they do?
Protects the rights of individuals with physical or mental impairment
Prohibits discrimination
Disclosure by patients is not mandatory
Federal Statutes and Nursing Practice
Uniform Anatomical Gift Act year established?
What 4 things we need to know they do?
Uniform Anatomical Gift Act (2006)
Anyone over 18 y/o can consent to be organ donor
Donation must be in writing with signature
Required request laws
Know agency’s policy
Federal Statutes and Nursing Practice
What does OSHA stand for?
what year established?
OSHA (1970)
Occupational Safety and Health Administration
