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Legal & Ethical Flashcards

1
Q

The HIPAA law was passed by congress in-

A

1996

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2
Q

What does HIPAA protect?

A

Health insurance benefits for workers who lose or change jobs

Also protects people with preexisting medical conditions

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3
Q

What is ethics?

A

The moral principles that govern a person’s behavior or the conducting of an activity

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4
Q

What’s morality?

A

Personal values, character, or conduct of individuals within communities or societies

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5
Q

Ethical principle can be used with what to determine a course of action?

A

Clinical judgement

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6
Q

What is an ethical principle?

A

A general guide, basic truth, or assumption

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7
Q

What are the 4 ethical principles?

A

Beneficence
Nonmaleficence
Autonomy
Justice

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8
Q

What is a code of ethics?

A

Set for a profession. Makes their primary obligations, values, and ideals explicit

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9
Q

What’s provision 1 of the ANA Code of Ethics?

A

The nurse practices within compassion and respect toward every person

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10
Q

What’s provision 2 of the ANA Code of Ethics?

A

The nurse promotes and advocates for and protects the rights, health, and safety of the patient

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11
Q

What’s provision 3 of the ANA Code of Ethics?

A

The nurse’s primary commitment is to the patient; whether it be an individual, family, group, community, or population

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12
Q

What’s provision 4 of the ANA Code of Ethics?

A

The nurse has accountability, authority, and responsibility to promote health and safety, preserve the wholeness or character and integrity, maintain competence, and continue personal and professional growth

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13
Q

What’s provision 5 of the ANA Code of Ethics?

A

The nurse owes the same duties to self as others, including the responsibility to promote health and safety, preserve wholeness of character and integrity, maintain competence, and continue personal and professional growth

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14
Q

What’s provision 6 of the ANA Code of Ethics?

A

The nurse, through individual and collective effort, establishes maintains, and improves the ethical environment of the work setting and conditions of employment that are conductive to safe, quality health care

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15
Q

What’s provision 7 of the ANA Code of Ethics?

A

The nurse, in all roles and settings, advances the profession through research and scholarly inquiry, professional standards development, and the generation of both nursing and health policy

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16
Q

What’s provision 8 of the ANA Code of Ethics?

A

The nurse collaborates with other health professionals and the public to protect human rights, promote health diplomacy, and reduce health disparities

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17
Q

What’s provision 9 of the ANA Code of Ethics?

A

The profession of nursing, collectively through its professional orgs, must articulate nursing values, maintain the integrity of the profession, and integrate principles of social Justice into nursing and health policy

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18
Q

In addition to publishing the code of ethics, what else was established to help nurses navigate ethical and value conflicts and life-and-death decisions?

A

The ANA Center for Ethics & Human Rights

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19
Q

What is beneficence?

A

Moral duty to promote the course of action that they believe is in the best interests of the patient

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20
Q

What is non-maleficence?

A

Doing the least amount of harm necessary while trying to achieve the best possible outcome for the client

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21
Q

What is autonomy?

A

Self-regulation. Independence

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22
Q

What is justice?

A

Impartial, fair, and equitable standards and care for all clients

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23
Q

What is social justice?

A

Change in health policy aimed at analysis and critique of social structures, laws, and customs that harm groups through exclusion. Every person has the right to quality health care

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24
Q

What does HIPAA establish?

A

Standards to protect the privacy of personal health info

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25
What does the Emergency Medical Treatment & Active Labor Act (EMTLA) do?
Requires facilities to provide emergency medical treatment to patients who seek healthcare in the emergency department regardless of ability to play (socioeconomic status), legal status, or citizenship status
26
The EMTLA sets forward the obligation for medical facilities to always-
Provide medical screening to determine whether an emergency exists and to stabilize the patient before transferring them to another healthcare facility
27
The Patient Self-Determination Act of 1991 does what?
Recognizes the patients right to make decisions regarding their own healthcare provider, regarding the medical or surgical treatment options available, the benefits, risks, and alternatives
28
What are 2 types of legal written advance directives-
The Living Will Durable Power of Attorney for Healthcare
29
What’s a Living Will?
Prepared by a competent individual that gives direction to other’s about the person’s wishes regarding life-prolonging treatments if the person becomes unable to make those decisions
30
What’s a Durable Power of Attorney for Healthcare?
Identifies a person who will make healthcare decision in the event the patient is unable to do so. The person given the right to do so. The person given the right to do so is called the surrogate decision maker
31
What are the 4 ANA responsibilities?
Listen to patients to identify their concerns, expectations, and hopes regarding end of life care. Review patient’s documented preferences upon admission to healthcare facilities. Recognize that advance care planning is a continual process and not a one time execution of documents. Encourage the patient and family participation in healthcare decisions about advance directives and end-of-life care.
32
When and why was the Americans with Disabilities Act (ADA) created?
Created in 1990 to provide protection against discrimination of individuals with disabilities
33
The Americans with Disabilities Act (ADA) says that employers must-
Provide reasonable accommodations within the work setting to allow employees with disabilities to perform their jobs
34
What do Mandatory Reporting Laws require healthcare workers to report?
That healthcare workers report communicable diseases, and any kind of abuse or neglect
35
What’s the intent of mandatory reporting laws?
To protect people who can’t protect themselves
36
What are Good Samaritan Laws designed to do?
Protect from liability those who provide emergency care to someone who is in need of medical services
37
In order to be protected by Good Samaritan Laws, one must:
Provide the care in an emergency situation Provide the care in a reasonably competent manner Provide the care voluntarily Not provide care if refused to do so
38
What are Nurse Practice Acts?
Statutory laws passed by each state’s legislative body that define the practice of nursing
39
What do Nurse Practice Acts define?
The scope of nursing practice
40
What do Nurse Practice Acts regulate and why?
Nursing practice to protect the health, safety, and welfare of the general public
41
What approves pre-licensure nursing programs to students?
Nurse Practice Acts
42
What is medical malpractice?
Lawsuits brought against healthcare providers for damages when there has been death of, injury to, or loss of the person being treated
43
Medical malpractice laws differ from state to state True or false
True
44
Institutional Policies and Procedures are-
Usually more pacific and detailed than standards set by professional organizations
45
Healthcare facilities should not have policies and procedures that conflict with-
The Nurse Practice Act, Professional Standards of Practice, the ANA Code of Ethics, or other documents that guide nursing practice
46
The ANA Code of Ethics describes-
Standards of professional responsibility for nurses and provides insight into ethical and acceptable behavior.
47
What describes a nurses’ obligations for safe, compassionate, non-discriminatory, and quality care while defining commitments to self, the patient, employer, and the profession?
The ANA Code of Ethics
48
The Patient Care Partnership replaced the-
American Association’s Patient Bill of Rights
49
The Patient Care Partnership ensures that patients have the right to expect:
High quality care Clean and safe environment Involvement in care Protection of privacy Help when leaving the hospital Help with billing claims
50
What is a Nurse Practice Act?
A provision that creates and empowers state board of nursing to regulate the practice of nursing in that state
51
NPA’s remain the same in every state True or false?
False. NPA’S vary from state to state, but do have very similar components
52
What’s one of the most important functions of the State Boards of Nursing?
To provide requirements for licensure
53
What are the 5 steps to becoming a licensed nurse?
1. Graduate from approved/ accredited program 2. Meet established character criteria 3. Undergo a criminal background check and fingerprinting 4. Pass the NCLEX 5. Some states require extra examinations before receiving a permanent license
54
In order to follow the nursing Scope of Practice, what do nurses need to be familiar with?
The scope at their level of care and how to implement care that is consistent with their scope of practice
55
Felonies are crimes that can result in how much prison time?
Over a year
56
Most misdemeanors are crimes that can result in how much prison time?
Less than a year of imprisonment
57
Assault, battery, and petty theft are all examples of-
Misdemeanors
58
Is assisted suicide a misdemeanor or a felony?
A felony
59
What is a tort?
Carrying out/ failing to carry out an act, which results in harm to the patient
60
What are Quasi Intentional Torts?
Actions that inure a person’s reputation. Involves written or oral communication
61
What is Libel?
The written/ published form of defamation
62
What is Slander?
The spoken or verbal form of defamation
63
What’s an intentional tort?
An action taken by one person with the intent to harm another person
64
What are the most common unintentional torts?
Negligence and Malpractice
65
What is Negligence and Malpractice?
Negligence = Failure to use ordinary or reasonable care or the failure to act in a reasonable and prudent manner Malpractice = Similar, but involves medical personnel such as physicians and nurses
66
Whenever you violate a person’s rights to be left alone, you are committing a-
Violation of Privacy
67
What is Fraud?
A false representation of significant facts by word or conduct- intentional misleading or deceiving another person
68
What are 3 things that you can do to minimize malpractice risks?
Perform timely assessments and document findings Communicate and document all changes to healthcare provider Use the proper chain of command and timely care
69
When charting, what must you report and document?
All interactions with clients, as well as any non-compliance or refusal of treatment. Document all telephone conversations-time, content of communication, and action taken
70
What are 6 ways that you can chart things correctly?
Document the facts, not opinions Be accurate Be timely Be complete Be diligent- document anything unusual Document assessments
71
If a standard of care or something unusual has occurred (patient/ visitor fall) what do you need to do?
File an incident or variance report
72
What are incident reports used for and not used for?
Used for quality improvement Not used to discipline staff
73
What are the goals of incident reports?
Prevent it from happening again
74
What do you need to document when making a incident report?
Be complete and precise, document location, time, and date
75
A RN should never delegate to LPNs or CNAs patients who-
Require complex care, are unpredictable, require nursing judgement, or involve a high level of interaction
76
Are nursing students held to the same standards of care as licensed nurses?
Yes

Exam 1 & 2 PowerPoint Flashcards (16 decks)

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