Legal Flashcards
- Legal boundaries in each state
a. Each state has a nurse practice act
b. Differences in roles & responsibilities as nurses
Statutory law (nurse practice act)
Criminal law involves
felonies & misdemeanors
i. Inflicts harm on an individual, result in injury
felonies
Example of felonies
misuse of uncontrolled substances, practicing without a license
Does not inflict harm
misdemeanors
parking in a no parking zone
Civil law involves
negligence & malpractice
Protect the right of individuals & provide fair treatment
civil law
administrative law
Regulatory Law
Judicial decisions
Done case by case
usually involved with negligence & malpractice
Common law
i. Legal guidelines for defining nursing practice
ii. Identifying the minimum acceptable nursing care
Standards of care
Standards of care include
ANA
set by state & fed. laws
Joint commission requires Policies & procedures
i. Consumer rights and protections
ii. Affordable health care coverage
iii. Increased access to care
iv. Stronger Medicare to improve care for those most vulnerable in our society
Patient Protection and Affordable Care Act (PPACA)
represent written documents that direct treatment in accordance with the patient’s wishes in the event of terminal illness or condition.
Advanced directives, living wills
C. State Statutory Issues in Nursing Practice
Licensure
Good Samaritan Laws
Public health laws
Healthcare providers can use cardio-pulmonary function to determine if the person is brain dead
The Uniform Determination of Death Act