Legal & Regulatory

Question 1

Who regulates professional nursing practice?

Answer 1

The states–State Board of Nursing

Question 2

What are actions by the states that regulate nursing practice?

Answer 2

• Establishing requirements to obtain a license
• Issuing licenses
• Determining the scope of practice
• Setting minimum education standards
• Managing disciplinary procedures

Question 3

Members of the State Board of Nursing

Answer 3

9 RNs
1 Nurse Midwife
1 CRNA
1 NP
3 LPNs
8 Public Members

Question 4

What entity issues licenses?

Answer 4

The States

Question 5

What entity issues certifications?

Answer 5

National organization specific to the certification

Question 6

True or False: Certification requires minimal knowledge to be safe

Answer 6

False–certification requires advanced knowledge

Licensure requires minimal knowledge

Question 7

Does licensure or certification define the practice of nursing?

Answer 7

Licensure–it is illegal to practice without it

Question 8

True or False: Renewal of both licensure and certification require continuing education.

Answer 8

True

Question 9

Health Care Law

Answer 9

The collection of law that have a direct impact on the delivery of health care or on the relationships among those in the business of health care or between the providers and the recipients of health care

Question 10

Legislation

Answer 10

The process of introducing, adopting, changing or repealing a law

Question 11

Regulation

Answer 11

The process of putting law into action through the establishment of rules

Question 12

Litigation

Answer 12

The process of seeking help through the courts to address a perceived wrong

Question 13

When does Tort Law come into play?

Answer 13

When someone suffers from a wrong-doing such as negligence, breach of duty, harm, standard of care, etc.

Question 14

What are the objectives of Tort Law?

Answer 14

Seek compensation
Shift cost to the entity responsible
Discourage behavior in the future
Vindicate rights that have been compromised/diminished

Question 15

In Tort Law, the plaintiff must prove…

Answer 15

that the defendant was obligated to do something, that the defendant breached their duty, and that the breach caused suffering/damage

Question 16

Social Security Act (1965)

Answer 16

established Medicare & Medicaid

Question 17

Older Americans Act (1965)

Answer 17

• created the agencies on aging at the local, state, and national level
• provides funding for nutrition, supportive home & community-based services, disease prevention/health promotion services, elder rights programs, the National Family Caregiver Support Program, and the Native American Caregiver Support Program

Question 18

Americans With Disabilities Act (1990)

Answer 18

• Prohibits discrimination based on disability
• Requires employers to provide accommodations
• Accessibility requirements for public accommodations

Question 19

COBRA (1985)

Answer 19

Temporary insurance coverage for people who lost their job, got divorced, or recently widowed

Question 20

Emergency Medical Treatment & Active Labor Act (1991)

Answer 20

• Part of COBRA
• Hospitals must provide emergency care to EVERYONE regardless of their citizenship, legal status, or ability to pay
• Cannot transfer or discharge patient without informed consent or stabilization

Question 21

Patient Self-Determination Act (1991)

Answer 21

• Advanced medical directives
• Living will
• Durable power of attorney
• DNR

Question 22

Family and Medical Leave Act (FMLA) (1993)

Answer 22

Allows employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave

Question 23

Health Insurance Portability and Accountability Act (HIPPA) (1996)

Answer 23

Patient confidentiality

Question 24

Patient Protection & Affordable Care Act (2010)

Answer 24

• Ends preexisting conditions exclusions for children
• Coverage from parents until age 26
• Right to appeal denial of payment
• Ends lifetime limits on coverage
• Reviews premium increases
• Emergency care outside of network
• Better choice of doctors
• Preventative care at no cost

Question 25

Examples of State Laws

Answer 25

• licensing of professionals
• scope of practice
• laws relating to public health & disease prevention/control
• consent
• advanced directives
• physician assisted suicide
• immunizations
• child abuse & neglect notification
• workers compensation
• elder abuse
• right to die with dignity

Question 26

List of Notifiable Disease

Answer 26

• HIV/AIDS
• Botulism
• Chlamydia
• Diphtheria
• Giardiasis
• Haemophilus influenzae
• Hepatitis
• Measles
• Mumps
• Rubella
• Smallpox

Question 27

What 4 elements must be satisfied in order to prove medical malpractice?

Answer 27

1. Duty
2. Breach
3. Causation
4. Harm

Question 28

Failure to follow the “standard of care” (communication, using equipment properly, etc.)

Answer 28

Malpractice

Question 29

Employer Liability

Answer 29

employer is liable for the act of its employee(s) if the employee(s) was acting as an agent of the employer and the actions resulted in injury within the scope of employment

Question 30

Nursing’s Social Policy Statement serves as…

Answer 30

a resource for nurses to conceptualize their practice and for educators, administrators, and researchers in the field of nursing

Question 31

Nursing’s Social Policy Statement is a contract between…

Answer 31

society and the profession

Question 32

Nursing’s Social Policy Statement reflects…

Answer 32

the professions long-standing core values and ethics

Question 33

Nursing’s Social Policy Statement states that nurses provide care for…

Answer 33

all who are in need, regardless of their cultural, social, or economic standing