Legal Issues & Occupational And Environmental Health Nursing- Done

Question 1

Nurse Practice Act contains…

Answer 1

1. Defines scope and regulations of practice in each state
2. Provides legal definition of nursing
3. Defines limitations/authorizations of the role
4. What level if nursing, certifications or credentials are needed
5. How medical directives, guidelines and protocols are defined and addressed
6. Available from State Board of Registered Nursing

Question 2

How do you document legal practice

Answer 2

1. Know and observe your recordkeeping standard
2. Document all activities in a uniform manner
3. Store records according to regulations
4. Maintain updated policy and procedure manual identifying practice in your setting
5. All protocols with delegatory functions should be signed by a physician with defined tasks clearly authorized

Question 3

Tips for licensure in occupational health

Answer 3

1. Maintain your license and be certain that the medical director and other staff members have current license as well
2. Document and retain evidence of continuing education
3. Maintain certification for all procedures performed
4. Post licenses and certificates in facility as required

Question 4

Practices of the OHN in regard to liability

Answer 4

1. Observe and carefully review company policy
2. Carry own malpractice insurance
3. Understand terminology
4. Clarify role with management and make sure policy and procedure reflects this
5. Request to be on mailing list of all agencies which govern your practice
6. Clarify your role in regard to “furnishing” medications

Question 5

Why should OHN have her own malpractice insurance?

Answer 5

1. Employers coverage may be limited and not cover all risks
2. Employer may not cover you if you fail to follow agency policy and procedure
3. OHN may provide assistance not within the scope of their employment

Question 6

Occurance policy

Answer 6

Will provide protection if the incident occurs while the nurse is insured by the company

Question 7

Claims made policy

Answer 7

Will provide protection only if the incident occurs while the nurse is insured by the company but also suite must be filed while nurse is insured by company

Question 8

Statue of limitations

Answer 8

Limit of time under which a plaintiff may bring suit

Question 9

Expert witness

Answer 9

One who has special training, experience, skill And knowledge in the relevant area and who does not have a conflict of interest in a present situation. This person is allowed to offer an opinion as testimony

Question 10

Fraud

Answer 10

A false representation of a matter of fact that deceives and is intended to deceive another so that person shall act upon such representation to his/her legal injury

Question 11

Guidelines

Answer 11

Outlines of conduct, flexible

Question 12

Practice guidelines

Answer 12

Developed by expert panels of practitioners and researchers, which gives providers a “road map” to direct their decisions about prevention, diagnosis and treatment. Providers could be protected against malpractice claims if they comply with approved guidelines

Question 13

Liability

Answer 13

Nursing liability is based on a failure to use the degree of skill expected of a nurse under certain specific circumstances. The degree of skill or standard of care is what is considered usual and customary within a community

Question 14

Duty of care/Nursing Standard

Answer 14

A clearly defined legal expectation to which nurses can be held accountable

Question 15

Standard/duty of care

Answer 15

The standard of care for nurses is that degree of care ordinarily exercised by nurses of similar training and experience in the same or similar localities

Question 16

Professional Code of Ethics

Answer 16

Describes the type of behavior, ideology, set of values, concepts, ideas and beliefs of a profession or group

Question 17

Reasonable (in terms of nursing practice)

Answer 17

The act or procedure has been repetitiously performed in a safe and effective manner and is performed within the scope of nursing practice and within the scope of the nurse’s experience, education and competence

Question 18

Respondent superior

Answer 18

An employer may be held responsible for the conduct of the occupational health nurse

Question 19

Subpoena

Answer 19

A process commanding a witness to appear and give testimony in court. The usual process for the summoning of witnesses, records

Question 20

Tort

Answer 20

A tort is an act or failure to act, which cause an injury to another party. A private individual may recover money damages, arising from the breach of a mandated duty.

Question 21

Types of torts

Answer 21

1. Intentional torts
2. Unintentional torts
3. Negligence
4. Malpractice

Question 22

Intentional torts

Answer 22

Found when an outcome is planned

Question 23

Unintentional torts

Answer 23

Involves accidental or unintended behavior

Question 24

Negligence

Answer 24

The failure to act as a reasonably prudent professional would have acted in a specific situation. No harm is intended

Question 25

Malpractice

Answer 25

A specific type of negligence

Question 26

Legal/ethical documents the OHN should have available

Answer 26

1. State Nurse Practice Acts
2. State Medical Practice Acts
3. State Pharmacy Acts
4. AAOHN’s Standards of Practice
5. AAOHN’s Code of Ethics
6. Appropriate laws, regulations and legislation

Question 27

Legal/ethical guidelines OHN should know

Answer 27

1. OHSA
2. ADA/EEOC
3. FMLA
4. CDC/NIOSH
5. DOT
6. CLIA
7. Recordkeeping documentation/ OSHA Access to Employee and Exposure Records
8. HIPPA
9. W/C
10. AAOHN’s Code of Ethics/Standards of Practice

Question 28

Nurse Practice Act

Answer 28

• NPA
• Developed by state governments to protect citizens from unsafe nursing practice
• Violation of the law is a crime
• Title may vary in each state