M4 Ethical & Legal Flashcards

1
Q

Advocacy goal

A

Helping others to grow and self actualize

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2
Q

In nursing, managers advocate for

A

Self
Patient
Subordinates
Workplace

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3
Q

Advocacy in action

A

Inform others of their rights
Be sure they have adequate info to make decision

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4
Q

Whistleblowing

A

Act of drawing attention to a wrongdoing

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5
Q

Internal whistleblowing

A

within an organization, reporting up the chain of command

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6
Q

External whistleblowing

A

reporting to media or elected officials

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7
Q

When to whistleblow

aka violations of

A

Patient rights
Working conditions
Nursing practice
Management conduct
Specific behavior (assault, abuse, etc.)

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8
Q

Whistleblowing can be averted by organizations sponsoring a culture of

A

Accountability
Transparency
Integrity

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9
Q

Bad organizational practices that could lead to whistleblowing

A

Poor top down structure
Poor bureaucracy
Defensiveness
Maintaining status quo
Emergency cover ups

Secrecy
Silence
Blame
Fear

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10
Q

As a manager you must _ for the whistleblower

A

Advocate

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11
Q

Whistleblowing guidelines

A

Make sure there is a problem
Seek validation from colleagues
Follow chain of command
Have evidence

Know your rights by state

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12
Q

Do TJC of National committee of quality assurance offer protection

A

NO

Only the State and National regulations do

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13
Q

Key to whistleblowing

A

Documentation

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14
Q

Safe harbor is a

A

Nurse peer review process

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15
Q

Who may invoke safe harbor

A

PN
RN
APRN
any nurse

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16
Q

When to call safe harbor

A

When asked to do something that would violate the NPA or their duty to a patient

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17
Q

Safe harbor good faith

A

protects employee from employer and BON retaliation

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18
Q

Safe harbor must be invoked…

or

A

PRIOR to engaging in the assignment

at any time when INITIAL assignment changes

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19
Q

During safe harbor litigation do we engage in requested conduct

A

Yes, care for your pts

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20
Q

Can you be reported to the BON while pending peer review

A

NO

21
Q

Can you disciplined by the BON while pending peer review

A

NO

22
Q

Does the ability to invoke safe harbor change depending on whether you refuse or accept the assignment

A

NO

23
Q

When must safe harbor be invoked

A

PRIOR to accepting assignment

24
Q

Nurse may not engage in care even after safe harbor if the request is

A

Criminal
Unprofessional
Nurse lacks knowledge

25
Q

Do safe harbor protections have expirations

A

NO

26
Q

Safe harbor is protected against what retaliation actions

A

Demotion
Forced shift change
Pay cut
All really

27
Q

What does safe harbor protect

A

A nurses ability to retain a license

28
Q

2 types of nursing peer review

A

Safe harbor
Incident based

29
Q

What do peer reviews check

A

Nursing services
Qualification of nurse
Quality of care
Merit of complaint

30
Q

What do incident based peer reviews determin

A

If nurse can be remediated with training or is not at fault due to extenuating circumstances

or

If nurse will be reported to BON

31
Q

Who is on the committee for peer review

A

3/4 nurses (RN LVN APRN)
At least 2/3 are RNs and only they may vote
At least 1 RN with working familiarity to the same area as being reviewed

32
Q

Incident peer review boards and administrative authority

A

May NOT participate in peer review, unless called on as a witness

33
Q

Safe harbor review boards and CNOs Nurse Managers and individuals with authority

A

May ONLY appear before committee as witnesses

34
Q

ANA provision 2

A

Nurses primary commitment is to the patient

35
Q

ANA provision 5

A

Nurse owes same responsibility to self as to others including

Integrity
Competence
Personal/professional growth

36
Q

How many nurses are impaired or in recovery

A

1 in 10

37
Q

Factors that increase substance abuse risks

A

Staffing shortages
Unprofessional administrators/Drs
Rotating shifts
Long hours
Bullying

38
Q

Disorders that co-occur with substance abuse

A

Depression
PTSD
Genetics
Fatigue
Stress

39
Q

Drugs abused by nurses

A

Alcohol - most common

opioids, stimulants, CNS depressants

40
Q

If you or a nurse you know needs help it is your / duty to report

A

ethical/LEGAL

41
Q

Students should report to

Practicing nurses should report to

A

Faculty

Managment

42
Q

Going through a SUD rehabilitation program can

A

Save your nursing license

43
Q

Barriers to reporting substance abuse

A

Self-denial
Culture or norms
Feeling of betrayal

Fear of retaliation, ostracization, loss of license, litigation

44
Q

Are you legally required to report suspicion of substance abuse

A

YES

45
Q

Who will take action against you for not reporting

A

TXBON

46
Q

If you, in good faith, report a suspicion of substance abuse you reserve

A

immunity from civil or criminal liability
immunity from retaliation

47
Q

TPAPN
Texas Peer Assistance Program

A

Help nurses with SUD, anxiety, depression, bipolar disorder, and schizophrenia

48
Q

TPAPN helps both

A

Nurses and Patients

49
Q

Marginal Employee

A

Employee with poor performance who also is not benefited from teaching reinforcement or discipline