Professional Responsibilities Flashcards
1. Identify legal and ethical elements of pediatric nurses' professional responsibilities. 2. Identify pediatric nurses' roles in supporting evidence-based practice in the healthcare setting. 3. Identify the pediatric nurse's responsibility in supporting a health work environment.
State Nurse Practice Act
Legal Aspects of Care
Professional Responsibilities
This act defines the scope of nursing practice within each state.
1. It serves as the primary guide for what you can and cannot do as a nurse in a given state.
Health Insurance Portability and Accountability Act (HIPAA)
Legal Aspects of Care
Professional Responsibilities
was developed to protect insurance coverage for workers when they lose or change jobs (portability) and stipulates regulations to preserve confidentiality, integrity, and availablility of information to protect an individual’s rights to privacy.
1. HIPAA protects the privacy of patients’ medical records and other identifiable health information.
a. Patients can obtain copies of their medical records and request changes if they identify errors.
2. HIPAA prevents denial of health insurance for pre-existing conditions, but does not regulate or mandate health insurance.
3. HIPAA sets standards for electronic transmission of certain protected health information.
4. Assure confidentiality when communicating health-related information about a patient; a healthcare provider is permitted to disclose protected health information about an individual to a healthcare provider for that provider’s treatment of the individual.
a. Personal health information generally may not be used for purposes not related to health care.
5. Information for all other reasons is considered confidential and is only on a “need to know” rather than a “nice to know” basis.
6. Exceptions to privacy rule:
a. If the patient is a danger to themselves or to others, or is being abused
b. Public health, legal and judicial mandates (e.g., reportable diseases, child abuse, threat to public safety)
7. Extreme care should be taken to avoid inadvertently sharing protected patient information in public settings (e.g., elevators) and to family and other interested parties.
Family Educational Rights and Privacy Act (FERPA)
Legal Aspects of Care
Professional Responsibilities
- FERPA is a unique and separate law from HIPAA governing health records specific to educational settings. Pediatric nurses must understand that health records in the school setting are governed by this separate law.
- FERPA is a federal law that governs access to educational information and records by public entities, such as potential employers, publicly funded educaitonal institutions, and foreign governments.
- Applies to public and private schools and state or local education agencies that receive federal education funds.
- FERPA governs confidentiality and access to all educaiton records, including student health records.
- When students reach the age of 18, or when they become students at postsecondary education institutions, rights under FERPA transfer from the parent to the student.
21st Century Cures Act
Legal Aspects of Care
Professional Responsibilities
- The Cures Act is a federal law that requires healthcare providers to offer patients (and proxy) immediate, secure, and free access to their complete medical record. This information includes laboratory reports, imaging, diagnoses and problem lists, as well as notes.
- The goal is to promote transparency and enhance health equity. Patient portals and mobile health apps are two examples of technology access for patients.
- The Cures Act reinforces the need for pediatric nurses to ensure health literacy of patients and families through advocacy and education.
Consent and Assent in Research and Treatment
Legal Aspects of Care
Professional Responsibilities
- Consent is an informed decision by a potential research subject to participate in research or accept treatment.
- Assent is an active affirmation of desire to participate in Research or have treatment by a child who is at least 7 years of age.
a. Not appropriate for children younger than 7 years or with limited cognitive ability.
b. Assent is an adjunct to consent, NOT a replacement for consent.
Negligence
Legal Aspects of Care
Professional Responsibilities
Conduct that falls below the behavior that is expected of a reasonably prudent person under similar circumstances (i.e., nurse fails to put crib side rails up).
Malpractice
Legal Aspects of Care
Professional Responsibilities
Involves patient injury or harm as a result of negligence
Coordination and Delegation of Care
Legal Aspects of Care
Professional Responsibilities
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Delegated task must be allowed by the nurse practice act in the state
a. Assessments may never be delegated (e.g., assessment of IV site, systems assessment). - Delegation involves the transfer of responsibility for the task/skill without transfer of accountability for the ultimate outcome.
- Delegatee is defined as nursing assistive personnel (NAP)/unlicensed assistive personnel (UAP), including nursing students and nursing assistants or aides.
a. Delegatee requirements:
(1) Must be competent in the assigned task (e.g., capable, trained)
(2) May not delegate a delegated task to another NAP/UAP
(3) Delegatee may refuse a delegated task if delegatee is not competent/trained to perform the task
Emancipated minor
Legal Aspects of Care
Professional Responsibilities
- The granting of basic adult rights; definition varies among states and not all states recognize emancipated minor status
- Generally includes the following:
a. Under age 18 and usually older than age 14
b. Legally married
c. On active military duty - Minors who can demonstrate maturity and financial independence; may have to make a legal informed declaration
- Parents no longer required to pay financial support
- Assume responsibility for their own medical coverage
- Give consent for all medical care, without parentla consent, knowledge, or liability
- Can enter into a binding contract; can consent to participate in research
Individuals with Disabilities Education Improvement Act (IDEA)
Laws for Children with Chronic Conditions
Professional Responsibilities
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Guarantees that children with disabilities will receive a “free and appropriate public education in the least restrictive environment”
a. For example, child with Down syndrome should be educated primarily in a regular classroom of same age healthy peers - Gurarantees that children thought to have disabilities will be evaluated free of charge.
- Guarantees that an Individualized Education Program (IEP) be developed by a team of specialists and include the parents. This will identify the special education and related services that will be provided for the child.
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Requires that a transition plan be developed by age 16 to assist the student to plan for transition to vocational training, postsecondary educaiton, or assisted living/complete care facilities.
a. Nurses should be assisting patients to begin planning to make the transition from pediatric care to adult care. -
Requires early intervention identificaiton of infants and toddlers with disabilities and intitation of measures that will assist the child to enter the school in a state of rediness.
a. Requires the development of an Individualized Family Service Plan to identify the needed services and to coordinate the plan of care.
Section 504 of the Rehabilitation Act of 1973
Laws for Children with Chronic Conditions
Professional Responsibilities
- Civil rights law that prohibits discrimination on the basis of disability in programs that receive federal financial assistance.
- States that no qualified individual with a disability shall be excluded from, denied the benefits of, or subjected to discriminaiton under any program that receives financial assistance.
- Requires that reasonable accommodations be made to assist the individual in being successful. This may require wider doors for wheelchairs; ramps/curb cuts/elevators for those in wheelchairs; special desks and chairs; computers, telecommunication devices, or special devices for communication; performing tube feedings or percussion and postural drainage within the school setting so that the child can attend school.
- The development of a 504 plan details the accommodations needed by the individual.
Refusal of Care
Legal Aspects of Care
Professional Responsibilities
- May be due to religious or cultural beliefs, misinformation, fears or terminal illness
a. Nurse’s role is to provide information and support evidence-based practice - Assess for rationale and provide appropriate education
- Be advocate for child’s wishes
- In severe cases, the legal system may become involved
Custody
Legal Aspects of Care
Professional Responsibilities
Consents can only be obtained from custodial parent or legal guardian
Autonomy
Ethics
Professional Responsibilities
Personal freedom and self-determinatino; the right to choose
Beneficence
Ethics
Professional Responsibilities
Actions taken should promoate good