Legal Implications of Nursing Practice, Self-Regulation & Professionalism Flashcards
What are the 3 legal limits of nursing?
Sources of law
Professional regulation
Standards of care
What type of law uses statutes?
Public law
What type of law is practiced in Quebec?
Private, civil law
What type of law is practiced in Canada (excluding Quebec)?
Private, common law
Who created statute law?
Elective legislative bodies (Parliament, provincial/territorial legislatures)
What acts determine how the nursing profession is regulated in Ontario?
Nursing Act (1991)
Regulated Health Professions Act (1991)
What act establishes the mandate of the College of Nurses of Ontario?
The Nursing Act
What act defines the scope of practice for the nursing profession?
The Nursing Act
What is the role of the College of Nurses of Ontario (CNO)?
Accountable to the public for ensuring safe, competent, and ethical nursing care
Grants certificates of registration, offer practice support, ensure the continuing competence of members, investigate complaints, discipline members, develop codes of ethics, set standards of practice & approve nursing education programs
What act lists the 14 controlled acts that are considered potentially harmful if performed by someone who isn’t qualified?
RHPA
What act authorizes nurses to perform controlled acts when ordered?
Nursing Act
What are the 6 classes of registration?
General
Extended class (nurse practitioners)
Non-practicing
Temporary
Special assignment
Emergency assignment
What is the foundation for nursing practice?
Entry-to-practice competencies
Why were the competencies of entry-level RN practice established?
Protection of the public
Practice reference
Approval of nursing education programs
Registration and membership requirements
Legal reference
Public information
Continuing competence
What are the 9 roles that make up the entry to practice competencies?
Clinical
Professional
Communicator
Collaborator
Coordinator
Leader
Advocate
Educator
Scholar
What is a tort?
A civil wrong committed by one person against another causing some injury or damage, either to person or property
What are intentional torts?
Willful acts that violate a person’s rights
Includes assault, battery, invasion of privacy and false imprisonment
What type of legal liability does negligence fall under?
Unintentional torts
What is the most common proceeding against nurses?
Negligence
What are the criteria for negligence?
Duty of care owed to the plaintiff
Breach of duty of care by the defendant
Harm caused to patient
Harm caused to patient due to breach of duty
What does the Health Care Consent Act outline?
Explicit rules for:
- When consent is required
- Who can provide consent
- When a practitioner wants to obtain consent from a substitute decision-maker
Is consent required for personal assistance services?
No
Emergency treatment can be provided immediately when ___
- Communication barrier d/t language barrier or disability
- Incapable but a substitute is available to give consent
- Incapable and no substitute is available & delay will put the person at risk
Crisis administration to a care facility without consent may be authorized if ___
The person who has been deemed incapable requires immediate admission as a result of a crisis and it is not possible to obtain immediate consent
What organizations can be used to obtain additional personal liability protection?
RNAO and CNPS
Who created the Code of Conduct
CNO
What is the Code of Conduct?
Practice standard describing the accountabilities that all nurses registered in Ontario have to clients, employers, colleagues and the public
What are the 6 principles of the Code of Conduct?
- Nurses respect clients’ dignity
- Nurses provide inclusive and culturally safe care by practicing cultural humility
- Nurses provide safe and competent care
- Nurses work respectfully with the health care team to best meet clients’ needs
- Nurses act with integrity in clients’ best interest
- Nurses maintain public confidence in the nursing profession
What is the ranking of the hierarchy of substitute decision-makers?
- Guardian appointed by the court
- Someone who has been named as an attorney for personal care
- Someone appointed as a representative by the CCB
- Spouse, partner or relative in the following order:
- 4a. spouse or partner
- 4b. child is 16 or older; custodial parent; Children’s Aid Society
- 4c. parent who has only a right of access
- 4d. brother or sister
- 4e. other relative - PGT is the substitute decision-maker of last resort
When is PGT named as the substitute decision-maker?
Last resort in the absence of any more highly ranked substitute or in the event 2 more equally ranked substitutes cannot agree
