Exam 4 102 Flashcards
Statutory laws
Elected legislative bodies such as state legislatures and US Congress create these. These can be CIVIL or CRIMINAL.
Nurse Practice Acts
Describe and define legal boundaries of nursing practice in each state.
Regulatory law
Reflects decisions made by administrative bodies such as State Boards of Nursing. Ex. Requirement to report unethical nursing conduct.
Common law
Results form judicial decisions made in courts. Ex. Informed consent, right l refuse tx, negligence, malpractice.
The American Nurses Association….
Develops standards of care for nursing practice, policy statements, and similar resolutions. Established first code of ethics. Basic principles of responsibility, accountability, advocacy, and confidentiality.
Emergency Medical Treatment and Active Labor Act
Provides that when a client comes to ED, appropriate medical screening occurs within the hospital. Client cannot be transferred until stable.
Mental Health Parity Act
If insurance offers mental health coverage they cannot make it less generous than med or surg benefits.
Advance directives
Include Living wills, health care proxies, durable power of attorney.
Living wills
Written documentation that directs tx in accordance with clients wishes in the event of terminal illness.
DPAHC
Legal document that designates a someone to make medical decisions on someone’s behalf who is no longer able to make decisions them-self.
Anatomical Gift Act
Anyone over 18 yr old has right to make organ donation.
The National Organ Transplant Act
Prohibits sale or purchase of organs.
HIPAA
Provides rights and protects employees, protects individuals from losing health insurance when changing jobs, allows employees to change jobs without losing coverage as a result of preexisting coverage exclusion as long as hey have had at least 12 continuous months of coverage.
The Federal Nursing Home Reform Act
Gives residents right to be free of unnecessary and inappropriate restraints.
Restraints can be used when…
1) to ensure physical safety or resident or others, 2) when less restrictive interventions are not successful, 3) only when written order from HCP. (Need specific start and end times.)
Public Health Laws
Reporting laws for communicable diseases, school immunizations, reporting suspected abuse, child neglect, elder abuse and domestic violence.
The Uniform Determination of Death Act
States HCPs can either use cardiopulmonary or whole brain definition to determine death.
Tort
Civil wrong made against a person or property. Defined as intentional, quasi intentional, or unintentional.
Intentional torts include…
Assault, battery, and false imprisonment.
Assault
Any action that puts a person at risk for harm or offensive contact without consent.
Battery
Intentional touching without consent.
Quasi intentional torts
Invasion of privacy, defamation of character.
Defamation of character
Publication of false statements that result in damage to persons reputation.
Slander
When someone speaks falsely about another person.
Libel
Written defamation of character. Ex. Charting false entries.
Unintentional torts
Negligence, malpractice.
Negligence
Conduct that falls below standards of care. Ex. Driver fails to stop at stop sign and accident occurs.
Malpractice
Type of negligence that falls below standard of care resulting in injury.
During first trimester
Woman can end pregnancy without state regulation.
The Community Health Accreditation Program
Require institutes to have guidelines determining the nurse to client ratio.