Nurs 207 - Health Care Law

Question 1

Define Health Care Law

Answer 1

Health care law is the collection of laws 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 2

Describe the Scope of Health Care Law

Answer 2

Legislative: introducing, changing, repealing (take away) law

Regulatory: Putting laws into actions using rules

Judicial Decisions: Previous court cases as supportive tool (usually comes into play when we don’t have a law)

Question 3

*Attributes of Health Care Law (5)

what makes a health care law a health care law?

Answer 3

1. Rule is established by gov’t body/agency (may be federal, provincial, local)
2. Has enforceable sanctions
3. Is publicly available
4. Consistent with provincial and federal laws
5. Can be modified, changed, or upheld through authoritative action (some body that enforces/changes/upholds that law)

Question 4

What is a fiduciary relationship?

Answer 4

Wherein the nurse provides services that cause the recipient (patient, family, group) to be able to trust in the expectations of a specialized body of knowledge and the professional integrity of the provider

The public at large expects that RNs act honestly, and in good faith. It is this relationship that forms the basis of nursing practice.

Question 5

What dictates expectations?

Answer 5

HPA - Health Professions Act (of Alberta)
developed to regulate health professions using model that allows for non-exclusive, overlapping scopes of practice
-no single profession has exclusive ownership of a specific skill or health service and different professions may provide the same health services

Question 6

Restricted Activities

Answer 6

Identify what you as an RN can do (legal limit of your scope of practice)

Question 7

CARNA

Answer 7

College and Association of Registered Nurses of Alberta

Question 8

What is CARNA

Answer 8

CARNA is the professional and regulatory body for RN’s in Alberta (but only for a little while)

Question 9

What does CARNA do?

Answer 9

The dual mandate centers on serving the public interest: as a regulator by ensuring ethical, safe, competent care by registered nurses and, as an association, by supporting the pursuit of excellence in RN practice

• regulatory side –> what educational program meets the requirements, at what point can a person apply to be on the register, manage the discipline decisions
• association side –> about excellence and practice

Question 10

What are Practice Standards?

Answer 10

These standards describe the expected behaviour of the RN, regardless of role or setting

Question 11

What are the 5 Standards of practice?

Answer 11

Standard One: Responsibility and Accountability Standard Two: Knowledge-Based Practice
Standard Three: Ethical Practice
Standard Four: Service to the Public
Standard Five: Self-Regulation

Question 12

Standard One

Answer 12

The nurse is personally responsible and accountable for their nursing practice and conduct

Question 13

Standard Two

Answer 13

The nurse continually acquires and applies knowledge and skills to provide competent, evidence-informed nursing care and service

Question 14

Standard Three

Answer 14

The nurse complies with the Code of Ethics adopted by the Council in accordance with Section 133 of HPA and Carna bylaws

Question 15

Standard Four

Answer 15

The nurse has the duty to provide safe, competent, and ethical nursing care and service in the best interest of the public

Question 16

Standard Five

Answer 16

The nurse fulfills the professional obligations related to self-regulation

Question 17

Define Scope of Practice

Answer 17

Scope of practice refers to the knowledge of registered nurses and the comprehensive application of that knowledge to assist clients in meeting their health needs in whatever setting, complexity and situation they occur throughout the life span.

Question 18

Scope of practice includes ________…

Answer 18

Scope of practice includes all the interventions that registered nurses are authorized, educated and competent to perform.

Question 19

Scope of Practice Triangle Diagram from top to bottom

Answer 19

Health Professions Act (HPA)
Registered Nurses Profession Regulation
CARNA Standards, Guidelines and Position Statements
(outer limits of RN profession scope of practice)

Employer Policies
Individual RN Competence
Client Needs
(scope of practice of individual RN)

Question 20

Self-regulation

Answer 20

occurs at a regulatory body as well as at an individual level

Question 21

What is tort?

Answer 21

civil wrong committed against a person or property (things that could pose a legal risk to you as a nurse)

Question 22

Intentional vs Unintentional Torts

Answer 22

Intentional: willful acts that violate another person’s right

Unintentional: negligence - conduct that does not meet a standard of care established by law (failure to take care in doing something)

Question 23

Intentional Tort Examples

Answer 23

● Assault
● Battery
● Invasion of privacy
● False imprisonment

Question 24

Unintentional Tort Example

Answer 24

● Negligence

Question 25

How to prevent negligence

Answer 25

Follow Standards of Care
Give competent health care
Insist on appropriate orientation
Continuing education
Adequate Staffing
Communicate with other HCW
Develop caring rapport with patient
Document Assessments - thoroughly
Interventions
Evaluations fully

Question 26

Due process

Answer 26

nurses must be notified of the charges brought against them and have the opportunity to defend themselves against the charge in a hearing