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N3 Care Design Final > Legal & Regulatory > Flashcards

Legal & Regulatory Flashcards

1
Q

Define a professional nurse according to ANA

A

Responsible to members and to the public it serves to develop and maintain standards for competent practice

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2
Q

Professional attributes of nurses

A
  • Clinical judgement/prioritization
  • Ethical behavior and decision making
  • Therapeutic communication
  • Leadership
  • Empathetic and caring
  • Advocate for better patient care
  • Use of evidence in practice
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3
Q

Scope of professional nursing identity. (aspects included)

A
  • Autonomy
  • Competence
  • Accountability
  • Advocacy
  • Collaborative preactive
  • Commitment
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4
Q

*What are the scope and standards of nursing?

A
  • 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.
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5
Q

Clinical judgement impacts

A
  • Saftey
  • Quality of care
  • Patient outcomes
  • Agency decision
  • Community health
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6
Q

Clinical judgement requires

A
  • Clinical reasoning
  • priority setting
  • Identify the problem
  • Assign priority
  • Select specific action
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7
Q

*When a nurse delegates a task to a CNA who is responsible and who is accountable?

A

Responsible: CNA
Accountable: nurse

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8
Q

Define health care law

A

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

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9
Q

How laws are administered

A
  • 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
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10
Q

Define legislation

A

the process introducing, adopting, changing, or repealing laws

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11
Q

Define litigation

A

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

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12
Q

Define regulation

A

the process of putting laws into action through the establishment of rules

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13
Q

Define tort law

A

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

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14
Q

Fundamental documents for scope and standards of practice

A
  • ANA code of ethics

- ANA nursing social policy

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15
Q

Who determines who is responsible for what in regards for nursing practice.
or
Who can do what

A
  • ANA
  • NCSBN: nursing council of state boards of nursing
  • ANCC: american nursies credentialing center
  • CCNE: commission on collegiate nursing education

-state

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16
Q

*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

A

c. Patient Self-Determination Act of 1991

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17
Q

*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

a. Social Security Act of 1965 (Medicaid/Medicare)

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18
Q

*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

A

b. COBRA 1986

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19
Q

*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

A

e. Patient Protection and Affordable Care Act of 2010

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20
Q

*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

A

d. Health Insurance Portability and Accountability Act (HIPAA) of 1996

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21
Q

*True or False?

The state board of nursing is responsible for licensing all nurses before they can practice in the state of Michigan.

A

True

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22
Q

*True or False?

Immunization schedules are dictated by federal laws.

A

False

-state if

23
Q

*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.

A

True

24
Q

*True or False?

An employer is never liable for the acts of their employees.

A

False

-they have vicarioius liability

25
Q

What is EMTALA and what law is it connected with?

A

Law stating no one can be refused treatment regardless of insurance.

Part of COBRA

26
Q

Who do your report notifiable disease to?

A

Local health department

27
Q

Examples of notifiable disease

A
  • AIDS
  • Botulism
  • Chlamydia
  • Diphtheria
  • Gonorrhea
  • Hepatitis
  • Measles
  • Mumps
  • Rubella
  • Smallpox
  • Ebola
  • Giardiasis
28
Q

State board of nursing legal authority/regualtion pratice

A
  • Establish requirements to obtain license
  • Issue licenses
  • Determine scope of practice
  • Creates and enforces laws
  • Setting minimum education standards
  • managing diciplinary procedures
29
Q

Who is on the Michigan board of nursing? (responsible for diciplinary and other)

A

23 ppl

  • 9PN
  • 1 nurse midwife
  • 1 NA
  • 1 NP
  • 3 LPNs
  • 8 public members
30
Q

*Licensure vs certification

A

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
31
Q

Is a living will recognized in health care?

A

no

32
Q

who should sign an advanced directives

A

not us as nurses

-non-partial third party

33
Q

*Define vicarious liability

A

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

34
Q

Three catagories of tort law

A
  • negligent
  • intentional
  • Strict liability regardless of fault, intensions, or negligence
35
Q

*Define negligence

A

The ‘unintentional’ commission or omission of an act that a reasonably prudent person would or would not do under given circumstances

36
Q

Define commission

A

Doing something, but wrong/not appropriate

ex/ giving the wrong med, performing surgery on the wrong patient

37
Q

Define omission

A

Failing to do something

ex/ failing to give medications, failing to follow up on abnormal test results

38
Q

Define malpractice

A

Negligence or carelessness of a professional

39
Q

Define criminal negligence

A

The willful indifference to injury that could follow an act

40
Q

What are the three forms of neglidence

A
  • Malfeasance
  • Misfeasance
  • Nonfeasance
41
Q

define Malfeasance

A

Execution of an unlawful or improper act

ex/ abortion in the 3rd trimestar

42
Q

Define misfeasance

A

Improper performance of an act

ex/ removal of the wrong kidney

43
Q

Define nonfeasance

A

Failure to act when there is a duty to act

44
Q

*What the four leg/ requirements for an act to be considered negligent

A
  • 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)
45
Q

What does an expert witness do

A

Provide context/valididty to what a reasonably prudent person would do in the situation in question

46
Q

What ‘leg’ does the good Samaritan law take away

A

Duty

47
Q

Define assault

A

Threat or use of force that causes a person to feel reasonable apprehension/fear about imminent harmful or offensive contact

48
Q

Define battery

A

unconsensual touching

49
Q

Define Civil law

A
  • money

- law of private rights

50
Q

Define criminal law punishment

A

-misdemeanor <1yr

Felony >1yr

51
Q

Doctrine of res ipsa loquitur

A

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

52
Q

Ways to become emancipated

A
  • military
  • pregnant (temporarily)
  • marrying
  • obtain a court order
53
Q

False imprisonment

A

A person is heald against their will.

54
Q

Define proximate cause

A

A cause that is legally sufficient to result in liability

N3 Care Design Final (7 decks)

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