Final Exam - Legal Flashcards
The primary purpose of law & legislation
Is to protect the patient and the nurse
Laws that affect Patient care
- Patient Self-determination Act (PSDA)
- Good Samaritan Laws
- HIPAA
Patient Self Determination Act
- Required education of staff on pt issues concerning end of life issues
- Pts have the right to refuse care
Good Samaritan Law
HCPs are protected from potential liability if they volunteer their nursing skills away from the workplace, provided that actions did not recklessly or intentionally cause injury or harm
- Limited to emergencies
- Provider has to remain with the client until another provider arrives to resume care
- Providers are not required to stop except for 3 states (Minnesota, Vermont, Louisiana)
HIPAA
.
Informed consent, patient giving consent must comprehend:
- The procedure to be performed
- Risks/expected outcomes
- Expected complications or SE
- Alternative treatments
- Info provided by person performing procedure
Consent (witnessing a signature) the nurse’s obligation is to:
- Ensure the pt has been fully informed and understands
- Ensure the correct pt signs the correct consent
- Ensure the pt’s questions have been answered
- Ensure pt is competent, A&O, no drugs (pre-op)
Purpose of Advance directives
To communicate client’s wishes regarding end-of-life care should the client be incapacitated
Types of advanced directives
Living will
Durable power of attorney
Living will
Legal document that expresses the client’s wishes regarding medical tx in the event the client becomes incapacitated and is facing end-of-life issues
Nurses who follow health care directives are protected from liability.
A living will can be changed as long as the client is competent
DPOA
A document that designates an individual who is authorized to make health care decisions for a client who is unable to do so
CANNOT REVISE A LIVING WILL
Sources of Law
Constitution
Administrative laws (each state) - statutes
Kansas board of nursing
What agency implements/enforces the State Nurse practice act
Kansas State Board of Nursing
What defines the legal boundaries of nursing
Nurse practice act
-sets the standard for licensure