Unit 4&5 Flashcards
What is standards of care?
Patients are entitled to competent and safe, nursing care. The standards of care are established by:
job description of facility
Facility, policies and procedures
Patients NCP
State nurse, practice act
You are accountable for your own actions
Scope of practice
Every state establishes a scope of practice for each level of nurse, based on an educational preparation
Defines those duties that a nurse is considered, competent to carry out and authorized to perform 
Nurse practice act
It’s a law that governs the nurses actions it’s written to protect the public, and all states have a scope of practice, and all nurses must practice within their scope
This can change from State Annette to State
You must adhere to not only the state standards, but also your organization
What are the functions of the nurse practice act?
To establish a minimum standard of practice
To outline requirements of nursing licensure
Defines functions of a nurse
Explains use of the title, RN and LPN
Provides rules of conduct that may be enforced in the punishment, if rules are not observed
State board of nursing
Members are appointed by governor, and they represent Nursing, Nursing education, and the public
The mission of the board of nursing
To protect the public health, safety and welfare by assuring that Nursing is practiced by at least, minimally, competent individuals within their authorize scope of practice
Functions of the board of nursing
To protect the public safety and welfare
To protect nursing profession, in individual nurses safety
Determine and enforce the contents of the Nurse Practice Act for their state
What does the State board of nursing has the authority to regulate
Nursing practices
Nursing education
Continuing education-CEU
Additional things, the state board of nursing have the authority to do
Issue license for RN and LPN practice
Issue a citation in a warning
Revoked or suspended licensure
Place individuals on probation
Fine for practicing without a license
Fine for falsification of CEUs
In order to become a nurse you must
Meet state criteria and pass the NCLEX examination
What are the two different kinds of NCLEX exams
NCLEX - PN
NVLEX - RN
Reasons a license would be suspended or revoked
Drug and alcohol abuse – most frequent reason
Fraud, deceptive practice
Criminal acts previous disciplinary action
Gross or ordinary negligence
Physical or mental impairment
Precautions for nurses to take against lawsuits
Timely and accurate documentation
Knowing your scope of practice
Reporting incidences right away
Following facility policies
Honesty
Ask for help
Do not accept gifts
What is the liability of a nurse?
Being accountable or answering for your actions
In nursing, this is measured by the nursing standards of practice
Techniques to avoid liability suits
Deliver nursing care, according to the standards of care
Document all nursing care, accurately, and concisely
Follow your facilities, policies and procedures, do not deviate from these
Assess patient’s carefully and always look for risk factors
Concentrate on what you were doing when performing task and skills
Know your limits of your training, expertise and license, and do not practice beyond these limits
Student liability
Student nurses are responsible for their own actions, comparable to knowledge of nurses at the same education level
Student nurse liability
Performing according to the standards of care for their education and experience
Ask for guidance when they are uncertain
Student nurses are held to the same standards of care that would be used to evaluate the actions of an RN
Be familiar with agency policies and procedures
Malpractice – professional, liability, insurance
Nurses may need to carry their own malpractice insurance
They may not be covered under the employers liability insurance
What are CEUs-continuing education units
Online classes
Home studies
College courses
Organize courses through employment or Nursing organization
You must keep your own record of your continued education units -may be audited
In-service or staff development
Different than CEUs
Orientation of the new staff
Updating skills of employees
Educating about a new piece of equipment, policy or procedure
What does a diploma or degree indicate
It is written, academic achievement, a form of credentials, such as ADN, BSN, MSN
What are legal credentials?
It is your licensure to practice as an RN or LPN
How do you obtain other credentials?
By getting certificates in areas of special practice, such as pediatrics
Why is Nursing considered a profession?
Because we have identified and developed in four areas
Theory
Service
Autonomy
Code of ethics
Iowa central uses the BENNER-it is a theory moving from a novice learner to an expert
Theory
Theoretical models to provide a knowledge base and framework for practice
Service
Vital component of healthcare system
Consumer and service space focus
Autonomy
Independent, in decision, making and practice
Code of ethics
Set of principles
Accepted by all members of a profession
Reflects moral judgment
Serves as a guideline to assist professionals when conflicts or disagreement arises
What is the CDC center for disease control?
It’s a federal agency of the United States, public health service, which focuses on epidemiology, prevention, control, and treatment of communicable disease
What is OSHA, occupational safety and health act
Set standards for working conditions
Controlled substance act
Set standards for proper storage, documentation and administration of these substances per doctors orders
What is accreditation agencies?
It’s a voluntary non-governmental agency that grants status to institutions that have met predetermined standards
Examples are: nursing programs – NLNAC
Joint commission in hospitals
If you fail to follow the policies and procedures of the institution and giving care
Exposes You as a nurse to personal liability, without protection from the institution
Nurses must know the policies and procedures of their employers, and follow them
Five rights of delegation
Right task
Right circumstance
Right person
Right communication
Right supervision
Definition of law
System of rules, established and enforced by an institution
What is federal regulation?
Federal laws affecting nursing practice, health insurance, portability, and accountability act, HIPAA
Administrative law
Regulates law that governs the daily activities of various federal and state agencies
Examples are:
Food and drug cosmetic act
National labor relations act
Iowa nurse practice act
Criminal law
Applies to law that protects the public and society as a whole and punishments are designed to the tear people from committing crimes
What are the two categories of criminal law?
Felony and misdemeanor
What is a felony?
Hey serious crime that may carry a penalty of state imprisonment or death
What is a misdemeanor
A crime, punishable by fines, or less than one year in a local imprisonment jail
Violation of criminal law in the nursing profession
Violation of narcotic law, this includes falsifying narcotic records
Practice without a license
With holding life support, this is considered murder
Child, elder abuse
Violation of nurse, practice act, even if no harm came to the patient
What is civil law?
Civil law protects an individuals, personal rights, life, liberty, thinking, speaking privacy, etc.
Examples of civil law
Contract laws
Torts
Protective and reporting laws
What is a contract law?
Governs written, or implied agreement between individuals or an individual in an institution
What are three kinds of contracts?
Formal contract
Expressed contract
Implied contract
What are the three elements of a legal contract?
A promise statement between two legally competent individuals, stating what each must do or not do
A mutual understanding of the terms, and obligations the contract and poses on each individual
Compensation for lawful actions performed
Informed consent
Patient must be mentally and physically competent adult
It’s given voluntarily
Obtained for invasive procedures, for therapeutic or diagnostic purposes
Nurses may witness signature
Physicians need to explain
What is the responsibility of the physician to explain
What the treatment will be
What the risk are
What the alternatives are
Who will perform the treatment
Will the treatment be necessary
What makes informed consent not legal
If the patient is confused, unconscious, mentally, incompetent, a minor, or under the influence of sedatives the informed consent is not legal
What is a tort?
A wrongful act commission or failure to act omission that causes injury to another person or his property
Subject to action in civil court, and can be compensated for damages
Can be unintentional or intentional
What is negligence?
Conduct a practice that falls below the standards, expected by an ordinary, reasonable and prudent nurse
The conduct place is another person at risk of harm
Malpractice
Is professional negligence where the professional fails to use the same care that a responsible prudent nurse would use under the same or similar circumstance
This involves an unreasonable risk of harm to the patient
What are the four things that must be present to prove malpractice?
Duty owed to the patient
Breach of duty
Causation
Injury or damages
Duty owed to the patient
A contract or responsibility to care for the patient that must be followed per facility, policies, procedures, job description, and standards of care
Breach of duty
Failure to do something or should have done something based on standards of care
Causation
Actions performed, or omission of actions must be proved to have legal caused the injury. A cause-and-effect relationship must be clearly established.
Damages or injury
Harm or injury, was caused physically financially or emotionally