Legal & Regulatory Flashcards
Define a professional nurse according to ANA
Responsible to members and to the public it serves to develop and maintain standards for competent practice
Professional attributes of nurses
- Clinical judgement/prioritization
- Ethical behavior and decision making
- Therapeutic communication
- Leadership
- Empathetic and caring
- Advocate for better patient care
- Use of evidence in practice
Scope of professional nursing identity. (aspects included)
- Autonomy
- Competence
- Accountability
- Advocacy
- Collaborative preactive
- Commitment
*What are the scope and standards of nursing?
- Describes a competent level of care
- Provide direction concerning expected performance and professional behavior.
- Explain the profession to others
- Provide the underpinning of legal regulation.
Clinical judgement impacts
- Saftey
- Quality of care
- Patient outcomes
- Agency decision
- Community health
Clinical judgement requires
- Clinical reasoning
- priority setting
- Identify the problem
- Assign priority
- Select specific action
*When a nurse delegates a task to a CNA who is responsible and who is accountable?
Responsible: CNA
Accountable: nurse
Define health care law
the collection of laws that have a direct impact on the delivery of health care or in the relationships among those in the business of health care or between the providers and the recipient of health care
How laws are administered
- Legislature creates laws -courtd/judiciary determines rights in health policy through judicial review
- Executive branch executes and implements laws
- regulatory agencies enforce the laws through rule making process
Define legislation
the process introducing, adopting, changing, or repealing laws
Define litigation
the process of seeking help through the courts to address a perceived wrong
Define regulation
the process of putting laws into action through the establishment of rules
Define tort law
a civil wrong that wrongly/unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the act
-legal discipline for malpractice
Fundamental documents for scope and standards of practice
- ANA code of ethics
- ANA nursing social policy
Who determines who is responsible for what in regards for nursing practice.
or
Who can do what
- ANA
- NCSBN: nursing council of state boards of nursing
- ANCC: american nursies credentialing center
- CCNE: commission on collegiate nursing education
-state
*Match to the correct federal law:Requires that all healthcare organizations participating in Medicare offer information regarding Advanced Directives and place this information in the patient record.
a. Social Security Act of 1965 (Medicaid/Medicare)
b. COBRA 1986
c. Patient Self-Determination Act of 1991
d. Health Insurance Portability and Accountability Act (HIPAA) of 1996
e. Patient Protection and Affordable Care Act of 2010
c. Patient Self-Determination Act of 1991
*Match to the correct federal law:Established reimbursement based on diagnostic related groups and created a form of health insurance for those who did not have jobs to provide insurance.
a. Social Security Act of 1965 (Medicaid/Medicare)
b. COBRA 1986
c. Patient Self-Determination Act of 1991
d. Health Insurance Portability and Accountability Act (HIPAA) of 1996
e. Patient Protection and Affordable Care Act of 2010
a. Social Security Act of 1965 (Medicaid/Medicare)
*Match to the correct federal law: Included a provision that a hospital receiving Medicare funds must provide treatment to any patient presenting themselves to the ER.
a. Social Security Act of 1965 (Medicaid/Medicare)
b. COBRA 1986
c. Patient Self-Determination Act of 1991
d. Health Insurance Portability and Accountability Act (HIPAA) of 1996
e. Patient Protection and Affordable Care Act of 2010
b. COBRA 1986
*Match to the correct federal law: Enables Americans with pre-existing conditions to more easily enroll in and afford health insurance.
a. Social Security Act of 1965 (Medicaid/Medicare)
b. COBRA 1986
c. Patient Self-Determination Act of 1991
d. Health Insurance Portability and Accountability Act (HIPAA) of 1996
e. Patient Protection and Affordable Care Act of 2010
e. Patient Protection and Affordable Care Act of 2010
*Match to the correct federal law: Introduced broad provisions for privacy requirements across all healthcare businesses and agencies.
a. Social Security Act of 1965 (Medicaid/Medicare)
b. COBRA 1986
c. Patient Self-Determination Act of 1991
d. Health Insurance Portability and Accountability Act (HIPAA) of 1996
e. Patient Protection and Affordable Care Act of 2010
d. Health Insurance Portability and Accountability Act (HIPAA) of 1996
*True or False?
The state board of nursing is responsible for licensing all nurses before they can practice in the state of Michigan.
True
*True or False?
Immunization schedules are dictated by federal laws.
False
-state if
*True or False?
Child abuse and elder abuse are required to be reported by social workers, school employees and nurses in the state of MI.
True
*True or False?
An employer is never liable for the acts of their employees.
False
-they have vicarioius liability
What is EMTALA and what law is it connected with?
Law stating no one can be refused treatment regardless of insurance.
Part of COBRA
Who do your report notifiable disease to?
Local health department
Examples of notifiable disease
- AIDS
- Botulism
- Chlamydia
- Diphtheria
- Gonorrhea
- Hepatitis
- Measles
- Mumps
- Rubella
- Smallpox
- Ebola
- Giardiasis
State board of nursing legal authority/regualtion pratice
- Establish requirements to obtain license
- Issue licenses
- Determine scope of practice
- Creates and enforces laws
- Setting minimum education standards
- managing diciplinary procedures
Who is on the Michigan board of nursing? (responsible for diciplinary and other)
23 ppl
- 9PN
- 1 nurse midwife
- 1 NA
- 1 NP
- 3 LPNs
- 8 public members
*Licensure vs certification
Licensure
- issued by state
- required in order to practice
- guided by nursing s&s of practice
Certification
- Denotes expertise in a specialty area
- may or may not be required for practice
- on-going education and expertise in specialty must be demonstrated for renewal
Is a living will recognized in health care?
no
who should sign an advanced directives
not us as nurses
-non-partial third party
*Define vicarious liability
Employer is liable for the actions of its employees if the employee was acting as an agent of the employer and the actions resulted in injury within that scope of employment
Three catagories of tort law
- negligent
- intentional
- Strict liability regardless of fault, intensions, or negligence
*Define negligence
The ‘unintentional’ commission or omission of an act that a reasonably prudent person would or would not do under given circumstances
Define commission
Doing something, but wrong/not appropriate
ex/ giving the wrong med, performing surgery on the wrong patient
Define omission
Failing to do something
ex/ failing to give medications, failing to follow up on abnormal test results
Define malpractice
Negligence or carelessness of a professional
Define criminal negligence
The willful indifference to injury that could follow an act
What are the three forms of neglidence
- Malfeasance
- Misfeasance
- Nonfeasance
define Malfeasance
Execution of an unlawful or improper act
ex/ abortion in the 3rd trimestar
Define misfeasance
Improper performance of an act
ex/ removal of the wrong kidney
Define nonfeasance
Failure to act when there is a duty to act
*What the four leg/ requirements for an act to be considered negligent
- There is a duty to care
- There was a breach of duty
- Injury or actual damages occurred
- There was causation (act of breached duty actually cause the harm)
What does an expert witness do
Provide context/valididty to what a reasonably prudent person would do in the situation in question
What ‘leg’ does the good Samaritan law take away
Duty
Define assault
Threat or use of force that causes a person to feel reasonable apprehension/fear about imminent harmful or offensive contact
Define battery
unconsensual touching
Define Civil law
- money
- law of private rights
Define criminal law punishment
-misdemeanor <1yr
Felony >1yr
Doctrine of res ipsa loquitur
Presumes one is negligent if an individual had exclusive control over a situation which caused injury even if no specific act of negligence has evidence but without negligence the injury would not have happened
Ways to become emancipated
- military
- pregnant (temporarily)
- marrying
- obtain a court order
False imprisonment
A person is heald against their will.
Define proximate cause
A cause that is legally sufficient to result in liability
