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NCM103 LECTURE > Legal Considerations In The Practice Of Nursing > Flashcards

Legal Considerations In The Practice Of Nursing Flashcards

1
Q

It is the application and interpretations of regulations, laws, and principles of laws to the practice of nursing

A

Ethicomoral and Legal Considerations in the Practice of Nursing .

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2
Q

Why is nursing regulated by laws?

A

The practice of nursing exposes individuals to possible risks, especially if nurses are not adequately prepared for the practice of nursing.

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3
Q

It is governed by many legal concepts

A

Nursing practice

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4
Q

Why do nurses need to know the basics of legal concepts?

A

Nurses are accountable for their professional judgement and actions

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5
Q

Is an essential concept of professional nursing practice and the law

A

Accountability

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6
Q

Knowledge of laws that regulate and affect the nursing practice is needed for two reasons:

A
  1. To ensure that the nurses’ decision and actions are consistent with the current legal principles
  2. To protect the nurse from liability
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7
Q

The Philippine Nursing Law of 2002

A

RA 9173

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8
Q

When and who signed RA 9173

A

October 21, 2002 by Gloria Macapagal Arroyo

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9
Q

The Philippine Nursing Act of 1991

A

RA 7164

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10
Q

An act providing for a more responsive nursing profession, repealing for the purpose of Republic Act No. 7164, also known as the Philippine Nursing Act of 1991, and for other purposes

A

The Philippine Nursing Act of 2002 (RA 9173)

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11
Q
  • was enacted on 2002 to provide a comprehensive definition and understanding of the nursing profession
  • delineates the scope of work of Registered Filipino Nurses (Article VI, Section 28)
  • establish linkages with community resources
  • requires updating of professional knowledge in the nursing field
  • to make the law more germane to the present and future health situation and needs of the country
A

Philippine Nursing Act of 2002 or RA 9173

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12
Q
  • as independent practitioners, nurses are primarily responsible for promotion of health and prevention of illness.
  • as members of the health team, nurses shall collaborate with other health care providers for the curative, preventative, and rehabilitative aspects of care, restoration of health, alleviation of suffering, and when recovery is not possible, to a peaceful death
A

Article VI, Section 28

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13
Q

(5) It shall be the duty of the nurse to:

A
  1. Provide nursing care through the utilization of the nursing process.
  2. Establish linkages with community resources and collaboration with the health team.
  3. Provide health education to individuals, family, and community.
  4. Teach, guide, and supervise students in nursing education programs including the administration of nursing services in varied settings; undertake consultation services, engage in activities that use the knowledge and decision-making skills of a registered nurse.
  5. Undertake nursing and health human resource development program and research to the advancement of nursing practice.
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14
Q

Amzdemendments provided for RA 9173

A
  1. Restructuring of scope and practice of nursing
  2. Expanding the powers of BON
  3. Additional educational requirements for different levels of nursing practice
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15
Q

Refers to the need for certification and specialization programs

A

Restructuring scope and practice of nursing

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16
Q
  • strengthening its role in the decision making process
A

Expanding the powers of the BON

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17
Q
  • science of morals
  • area of philosophical study involved in systemizing, defending, and recommending concepts of right and wrong behavior
A

Ethics

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18
Q
  • the science of morals, the area of philosophical study involved in systematizing, defending, and recommending concepts of right and wrong behavior
  • it examines human acts to determine what is right or wrong, what is good or bad, or what ought to be in a given situation
A

Ethics

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19
Q
  • Patients can make independent decisions
  • recognizing each patient’s right to self determination and decision making
A

Autonomy

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20
Q
  • is acting for the good and welfare of others
  • is defined as kindness and charity
A

Beneficence

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21
Q

There should be an element of fairness in all medical and nursing decisions and care

A

Justice

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22
Q

To do no harm

A

Nonmaleficence

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23
Q
  • are enduring beliefs or attitudes about the worth of a person, object, idea, or action
  • important because they influence decision and actions, including nurses ethical decision making
A

Values

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24
Q

Refer mainly to guiding principles

A

Morals

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25
Q

Specific rules, actions, or behaviors

A

Ethics

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26
Q

An idea or action drive by the desire to be good

A

Moral precept

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27
Q

Set of rules that’s defines allowable actions or correct behavior

A

Ethical code

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28
Q
  • systematic guides for developing ethical behavior
  • provides direction for nurses to act normally
A

Ethical codes

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29
Q
  • promulgated by the BON and PRC
  • underwent consultation with accredited professional organizations like the Philippine Nurses Association
A

Code of Good Governance

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30
Q

The code of ethics serves as a guide for: 2

A
  1. Carrying out nursing responsibilities that would tackle difficulties and decisions that a profession might be facing.
  2. Gives clear instruction on what would be considered ethical right in a given circumstance.
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31
Q

Registered nurse and people

A

Article II, Section 4 and 5

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32
Q

Registered nurse and practice

A

Article II, Section 6-11

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33
Q

Registered nurses and coworkers

A

Article IV, Section 12-13

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34
Q

Society and environment

A

Article V, Section 14 and 15

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35
Q

Registered Nurses and the Profession

A

Article VI, 16 and 17

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36
Q

Chairman of the PNA Special Committee on 1982

A

Dean Emeritus Julita V. Sotejo

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37
Q

She developed a Code of Ethics for Filipino Nurses, approved by the House of delegates of the PNA but not implemented

A

Dean Emeritus Julita V. Sotejo

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38
Q

When was the code of ethics approved by the general assembly of PNA

A

October 25, 1990

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39
Q

When and where : Accredited professional organizations decided to adopt a new code of ethics under the RA 9173

A

October 23, 2013. Ilo-ilo city

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40
Q

When: public hearing was conducted as comments, suggestions, and recommendations were discussed

A

January 2012

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41
Q

When: last phase of the refinement was done, giving birth to revised NCCS of Nursing Practice

A

May 2012

42
Q

The PRC Modernization Act of 2002, Section II

A

RA 8981

43
Q

(2) Legal Bases of Core Competency Standards development

A

RA 8981
RA 9173

44
Q

States that the Board of nursing shall monitor and enforce quality standards of nursing practice in the Philippines and exercise the powers necessary to ensure the maintenance of efficient, ethical, and technical, moral and professional standards in the practice of nursing taking into account the heath needs of the nation

A

RA 9173, Article 3, Section 9

45
Q

(3) National Nursing Core Competency Standards

A

A. Beginning nurses role on client care
B. Beginning nurses role on leadership and management
C. Beginning nurses role on research

46
Q

List of guarantees for those receiving medical care. It may take the form of a low or a non-binding declaration.

A

Patient’s Bill of Rights

47
Q

Patient is treated without any discrimination

A

Right to appropriate medical care and humane treatment

48
Q

Patient have the right to know everything (sickness, bill, treatment)

A

Right to information

49
Q

The patient has the right to choose the hospital

A

The right to choose a health care provider and facility

50
Q

Patient has the right to avail any treatment

A

Right to self-determination

51
Q

Patient has the right to ask for medical records

A

Right to medical records

52
Q

Patient will sign the DAMA

A

Right to leave

53
Q
  • patient has the right to complain
  • nurse should listen and attend to the complaint
A

Right to grievances

54
Q
  • Done upon admission of the hospital and will be ask to sign
  • as much as possible, explain in their own dialect
A

Right to be informed of his rights and obligations as a patient

55
Q

13 Patient’s Bill of Rights

A
  1. Right to appropriate medical care and humane treatment
  2. Right to informed consent
  3. Right to privacy and confidentiality
  4. Right to information
  5. Right to choose a health care provider and facility
  6. Right to self-determination
  7. Right to religious beliefs
  8. Right to medical records
  9. Right to leave
  10. Right to reuse participation in medical research
  11. Right to correspondence and receive visitors
  12. Right to grievances
  13. Right to be informed of his rights and obligations as a patient
56
Q
  • is a clearly defined, legal expectations, to which nurses are held accountable
A

Standard of conduct

57
Q
  • refers to the commission or omission of an act according to duty, that a reasonably prudent person in the same or similar circumstance would or would not do, and acting or the non-acting of which is the proximate cause of injury to another person or his property
A

Professional Negligence

58
Q
  • implies the idea of improper of unskillful care of a patient by a nurse
A

Malpractice

59
Q
  • lack of ability, legal qualifications, or fitness to discharge the required duty
A

Incompetence

60
Q

Data privacy act

A

RA 10173

61
Q
  • an act protecting individual personal information in information and communications systems in the government and the private sector, creating for this purpose a national privacy commission, and for other purposes
A

Data privacy act, RA 10173

62
Q

Law that seeks to protect all sorts of information, be it private, personal or sensitive. It is meant to cover both natural and juridical persons involved in the processing of personal information.

A

Data Privacy Act, RA 10173

63
Q

What does the data privacy act ential?

A
  1. All personal information must be collected with reasons that are specific, legitimate, and reasonable.
  2. Personal information must be handled properly.
  3. Personal information must be discarded in a way that does not make it visible and accessible to unauthorized third parties.
64
Q

PHIE

A

Philippine Health Information Exchange

65
Q

an electronic health (eHealth) initiative of the Department of Health (DOH), the Department of Science and Technology (DOST), and the Philippine Health Insurance Corporation (PhilHealth) that would ensure accurate and timely health information exchange that can be instrumental in improving the services of these three agencies as well as the other organizations that could use the said data.

A

PHIE (Philippine Health Information Exchange)

66
Q

It is an agreement by a client to accept a course of treatment or a procedure after being provided complete information, including benefits and risks of treatments, alternatives to the treatment, and prognosis if not treated by a health care provider.

A

Informed Consent

67
Q
  • defined as the patient’s choice to have a treatment or procedure which is based on their full understanding of the treatment or procedure, and any alternatives to the particular treatment of procedure
A

Informed consent

68
Q

Goal of informed consent

A

Assure the client’s autonomy.

69
Q

2 types of consent

A

Express consent, implied consent

70
Q
  • Oral or written
  • the more invasive and greater risk, the more need for a written consent
A

Express consent

71
Q

Exist when the individual’s non verbal behavior indicates an agreement
When an individual cannot provide express consent due to a physical condition

A

Implied consent

72
Q

Characteristics of valid informed consent (4)

A

A. Competence
B.amount and accuracy of information
C. Patient understanding
D. Voluntaries

73
Q

Of sound mind, at least 18 years old, and not under the influence of drugs or liquor

A

Competence

74
Q

Relevant
factual data about a procedure and/or treatments, its benefits, risks, and possible complications or outcomes

A

Amount and accuracy of information

75
Q

Education, language, and dialect

A

Patient understanding

76
Q

Make an autonomous decision without force or intimidation, and understands that he/she can withdraw consent anytime without consequence

A

Voluntaries

77
Q

Informed Consent has 3 Major Elements:

A
  1. The consent must be given voluntarily.
  2. The consent must be given by a client or
    individual with the capacity and competence to
    understand.
  3. The client or individual must be given enough
    information to be the ultimate decision-maker.
78
Q

not responsible for explaining the procedure but for witnessing the client’s signature on the form.

A

Nurse

79
Q

The nurses’ signature confirms 3 things!

A
  1. The client gave consent voluntarily
  2. The signature is authentic
  3. The client appears competent to give consent
80
Q

• Perform a complete admission assessment or design a plan of care.
• Adhere to standardized protocols or institutional policies and procedures (ex. using an improper injection site)
• Follow a primary care provider’s verbal or written orders.

A

Failure to follow standards of care

81
Q

• Notify a primary care provider in a timely manner
when conditions warrant it.
• Listen to a client’s complaints and act on them.
• Communicate effectively with a client (ex.
inadequate or ineffective communication of
discharge instructions).
• Communicate important assessment findings to
the nurse for the oncoming shift.
• Seek higher medical authorization for a
treatment.

A

Failure to communicate

82
Q
  • complete a shift assessment
  • implement a plan of care
  • observe a client’s ongoing progress
  • interpret a client’s signs and symptoms
  • recognize significant changes in a client’s condition and communicate them promptly
A

Failure to assess and monitor

83
Q
  • question discharge orders when a client’s condition warrants it
  • question incomplete or illegible medical orders
  • provide a safe environment
A

Failure to act as client advocate

84
Q

(6) Categories of Negligence that Result in Professional Negligence Lawsuits

A
  1. Failure to perform standards of care
  2. Failure to use equipment in a responsible manner
  3. Failure to communicate
  4. Failure to document
  5. Failure to assess and monitor
  6. Failure to act as client advocate
85
Q

(3) Nursing Error Includes

A
  1. Failing to read the medication label, misreading, or incorrectly calculating the dosage
  2. Failing to identify the client
  3. Preparing the wrong concentration, or administering a medication by the wrong route
86
Q

(4) Categories of orders that nurses must question to protect themselves legally

A
  1. Question any orders a client questions.
  2. Question any orders if the client’s condition has changed.
  3. Question and record verbal orders to avoid miscommunication.
  4. Question any orders that is illegible, unclear or incomplete
87
Q
  • unusual occurrence report
  • agency record of an accident or unusual occurrence
  • used to make all facts available to agency personal, to contribute to statistical data about accidents or incidents, and to help health personnel prevent future incidents or accidents
A

Incident Report

88
Q

Influences others to work together to accomplish a specific goal.

A

Nurse as a leader

89
Q

Often visionary, they are informed, articulate, confident, and self-aware

A

Nurse as a Leader

90
Q
  • outstanding interpersonal skills and are excellent listeners
  • have initiative and the ability and confidence to innovate change, motivate, facilitate, and mentor others
A

Nurse as a leader

91
Q

Participate in and guide teams that assess the effectiveness of care, implement evidence-based practice and construct process improvement strategies

A

Nurse as a LEader

92
Q

They may be employed in various positions

A

Nurse as a Leader

93
Q
  • employee of a organization who is given authority, power, and responsibility for planning, organizing, coordinating, and redirecting the work of others, and for establishing and evaluating standards
A

Nurse as a Manager

94
Q
  • understand organization structure and culture
  • control human, financial, and material resources
A

Nurse as a Manager

95
Q

They set goals, make decisions, and solve problems
They initiate and implement change

A

Nurse as a Manager

96
Q

Some nurses assume a position within the organization as unit manager, supervisor, executive

A

Nurse as a Manager

97
Q

As a manager, the nurse is responsible for: (4)

A
  1. Efficiently accomplishing the goals of the organization
  2. Using the organizations resources
  3. Ensuring effective client care
  4. Ensuring compliance with institutional, professional, regulatory, and governmental standards
98
Q

(3) Levels of Management

A
  1. First level managers
  2. Middle level managers
  3. Upper level (top level) managers
99
Q
  • responsible for managing the work of non-managerial personnel and the day-to-day activities of a specific group or groups
A

First-level managers

100
Q
  • supervise a number of first-level managers and are responsible for the activities in the departments they supervise.
A

Middle-level managers

NCM103 LECTURE (1 decks)

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