State Statutes Impacting Nursing Practice Flashcards
Nurse Practice Act
ALSO STATE BOARD OF NURSING
Every state has their own…look at florida practice act on CANVAS.
Nurse Practice Acts are state laws intended to protect citizens, make
nurses accountable, and ensure that care is consistent with best practice
within the scope and standards of nursing.The State Board of Nursing DOES NOT PROVIDE FOR THE RIGHTS OF PATIENTS AND PROTECTS EMPLOYEES (THIS IS HIPAA) BUT DOES ….investigates, suspends, and/or revokes a
license if a nurse’s conduct violates the Nurse Practice. The State Board of Nursing must provide notice and follow due process
before revoking or suspending a license.Due process
means that the state is required to inform the nurse of the allegations and
the investigation process, including who is being asked to provide
information about the allegations.
Malpractice insurance is a contract between an insurance company and a nurse or employer. cover costs incurred when a patient
sues the employer and/or the nurse. Malpractice insurance provides for a defense of the nurse and the employer in a lawsuit. suggested that nurses carry both professional licensure defense and malpractice insurance or one policy that specifically includes
both actions. It is also often recommended that nurses have their own personal insurance policy. The insurance provided by the employing agency covers
nurses only while they are working within the scope of their employment.
Informed Consent and Health Care Acts
A patient’s signed consent form is necessary for admission to a health care agency, invasive procedures such as intravenous central line insertion,
surgery, some treatment programs such as chemotherapy, and
participation in research studiesSpecial consideration is used when a patient is deaf, illiterate, or speaks a foreign language. A professional interpreter must be present in person or remotely to explain the terms of consent. A family member or acquaintance who speaks a patient’s language should not interpret health information due to privacy.
PRIOR TO CONSENT
- Complete explanation of procedure or treatment
- Names and qualifications of people performing treatment
- Adverse effects or side effects
Do not have to mention exact number of days required for complete cure and individual should be told that even if they sign they can later refuse treatment.
Adults Legal Consent
A. Any competent individual 18 years of age or older for
himself or herself
B. Any parent for his or her unemancipated minor
C. Any guardian for his or her ward
D. Any adult for the treatment of his or her minor brother or
sister (if an emergency and parents are not present)
E. Any grandparent for a minor grandchild
Minors Legal Consent
A. Ordinarily minors may not consent to medical treatment
without a parent. However, emancipated minors may consent to medical treatment without a parent.
Emancipated minors include:
1. Minors who are designated emancipated by a
court order
2. Minors who are married, divorced, or widowed
3. Minors who are in active military service
B. Unemancipated minors may consent to medical treatment
if they have specific medical conditions
1. Pregnancy and pregnancy-related conditions
(Various states differ in characterizing a
pregnant minor as either emancipated or
unemancipated. Know your state rules in this
matter.)
2. A minor parent for his or her custodial child
3. Sexually transmitted infection (STI) information
and treatment
4. Substance abuse treatment
5. Outpatient and/or temporary sheltered mental
health treatment
C. The issue of emancipated or unemancipated minors does
not relieve the health care provider’s duty to attempt to
obtain meaningful informed consent.Failure to obtain consent in situations other than emergencies
can result in a claim of battery.Informed consent is part of the health care provider–patient
relationship. It must be obtained and witnessed when the patient is not under the influence of medication such as opioids.Nurses witness consent; they do not obtain consent for procedures
performed by others. The nurse’s signature as a witness to the consent means that the patient appeared to voluntarily give
consent, he or she appeared capable to give consent, and that the patient signed the consent in the nurse’s presence. If you suspect that the patient
does not understand or did not voluntarily and/or knowingly give
consent, notify the health care provider and nursing supervisor. If
necessary to assure valid consent, contact the medical director. If a patient refuses the treatment, ensure that documentation of the rejection is written, signed, and witnessed. if a patient is unconscious, you must obtain consent from a person legally
authorized to give it on the patient’s behalf.health care provider may perform a procedure required to benefit the
patient or save a life without liability for failure to obtain consent. In such
cases the law assumes that the patient would wish to be treated.
Good Samaritan Laws
Encourage health care professionals to assist in
emergencies.For example, if you
stop at the scene of an automobile accident and give appropriate
emergency care such as applying pressure to stop hemorrhage, you are
acting within accepted standards, even though proper equipment is
unavailable. If the patient subsequently develops complications due your
actions, you are immune from liability if you acted without gross negligence.Although
Good Samaritan laws provide immunity to a nurse who does what is
reasonable to save a person’s life, if you perform a procedure exceeding
your scope of practice and for which you have no training, you are liable
for injury that may result from that act.You should only provide care that
is consistent with your level of knowledge and experience.In addition,
once you have commied to providing emergency care to a patient, you
must stay with that patient until you can safely transfer his or her care to
someone who can provide needed care, such as emergency medical
technicians (EMTs) or emergency department staff.
do not need informed consent in a life-saving emergency.
Public Health Laws
nurses are mandatory reporters of abuse or neglect of patients when they have reasonable suspicion to believe an
individual is at risk of harm. neglect means a pattern of
conduct by a person with a duty of care to provide services that maintain
the physical and/or mental health of a child or vulnerable adult. It may also be a one-time act that is a clear and present
danger to another’s health, welfare, or safety. Neglect does not usually
require that a nurse intentionally acts to harm a patient; rather, the nurse
knew or should have known that neglect would occur under the circumstances. Abuse means the willful act or inaction that inflicts injury,
confinement, intimidation, or punishment on a child or an adult.Of note
in situations of neglect or abuse, the standard of proof to report is that a
nurse has a reasonable suspicion that the person may be at risk of harm.
The Uniform Determination of Death Act
The definitions vary
by state law. There are two standards for the determination of death. The
cardiopulmonary standard requires irreversible cessation of circulatory
and respiratory functions. The whole-brain standard requires irreversible
cessation of all functions of the entire brain, including the brainstem.It states that health care providers can
use either the cardiopulmonary or the whole-brain definition to determine
death
