Jen ch 23 Flashcards
statutory law
Of or related to laws enacted by a legislative branch of the government.
Nurse Practice Acts
Statutes enacted by the legislature of any of the states or the appropriate officers of the districts or possessions that describe and define the scope of nursing practice.
Americans with Disabilities Act (ADA)
ADA protects the rights of individuals who are disabled in the workplace, in educational institutions, and throughout our society
regulatory/administr4ative law
reflects decisions made by administrative bodies such as State Boards of Nursing when they pass rules and regulations. An example of a regulatory law is the requirement to report incompetent or unethical nursing conduct to the State Board of Nursing
Common Law
results from judicial decisions made in courts when individual legal cases are decided. Examples of common law include informed consent, the patient’s right to refuse treatment, negligence, and malpractice.
Civil laws
protect the rights of individuals within our society and provide for fair and equitable treatment when civil wrongs or violations occur. Civil law violation ex. for a nurse - negligence and malpractice
Criminal laws
protect society as a whole and provide punishment for crimes, which are defined by municipal, state, and federal legislation
felony
a crime of a serious nature that has a penalty of imprisonment for longer than 1 year or even death
misdemeanor
less serious crime that has a penalty of a fine or imprisonment for less than 1 year
Standards of care
the legal requirements for nursing practice that describe minimum acceptable nursing care
American Nurses Assoc. (ANA)
develops standards for nursing practice, policy statements, and similar resolutions. These standards outline the scope, function and role of the nurse in practice
Emergency Medical Treatment and Active Labor Act (EMTALA)
This act provides that, when a patient comes to the emergency department or the hospital, an appropriate medical screening occurs within the capacity of the hospital. If an emergency condition exists, the hospital is not to discharge or transfer the patient until the condition stabilizes. (stops what is referred to as “patient dumping”)
Mental Health Parity Act
forbids health plans from placing lifetime or annual limits on mental health coverage that are less generous than those placed on medical or surgical benefits.
Advanced Directives
include living wills, health care proxies, and durable powers of attorney. Are based on values of informed consent, patient autonomy over end-of-life decisions, truth telling and control over the dying process
Patient Self-Determination Act (PSDA)
requires health care institutions to provide written information to patients concerning their rights under state law to make decisions, including the right to refuse treatment and formulate advance directives..