Unit 4&5 Flashcards

1
Q

What is standards of care?

A

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

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2
Q

Scope of practice

A

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 

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3
Q

Nurse practice act

A

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

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4
Q

What are the functions of the nurse practice act?

A

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

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5
Q

State board of nursing

A

Members are appointed by governor, and they represent Nursing, Nursing education, and the public

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6
Q

The mission of the board of nursing

A

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

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7
Q

Functions of the board of nursing

A

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

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8
Q

What does the State board of nursing has the authority to regulate

A

Nursing practices

Nursing education

Continuing education-CEU

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9
Q

Additional things, the state board of nursing have the authority to do

A

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

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10
Q

In order to become a nurse you must

A

Meet state criteria and pass the NCLEX examination

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11
Q

What are the two different kinds of NCLEX exams

A

NCLEX - PN

NVLEX - RN

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12
Q

Reasons a license would be suspended or revoked

A

Drug and alcohol abuse – most frequent reason

Fraud, deceptive practice

Criminal acts previous disciplinary action

Gross or ordinary negligence

Physical or mental impairment

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13
Q

Precautions for nurses to take against lawsuits

A

Timely and accurate documentation

Knowing your scope of practice

Reporting incidences right away

Following facility policies

Honesty

Ask for help

Do not accept gifts

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14
Q

What is the liability of a nurse?

A

Being accountable or answering for your actions

In nursing, this is measured by the nursing standards of practice

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15
Q

Techniques to avoid liability suits

A

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

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16
Q

Student liability

A

Student nurses are responsible for their own actions, comparable to knowledge of nurses at the same education level

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17
Q

Student nurse liability

A

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

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18
Q

Malpractice – professional, liability, insurance

A

Nurses may need to carry their own malpractice insurance

They may not be covered under the employers liability insurance

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19
Q

What are CEUs-continuing education units

A

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

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20
Q

In-service or staff development

A

Different than CEUs

Orientation of the new staff

Updating skills of employees

Educating about a new piece of equipment, policy or procedure

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21
Q

What does a diploma or degree indicate

A

It is written, academic achievement, a form of credentials, such as ADN, BSN, MSN

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22
Q

What are legal credentials?

A

It is your licensure to practice as an RN or LPN

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23
Q

How do you obtain other credentials?

A

By getting certificates in areas of special practice, such as pediatrics

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24
Q

Why is Nursing considered a profession?

A

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

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25
Q

Theory

A

Theoretical models to provide a knowledge base and framework for practice

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26
Q

Service

A

Vital component of healthcare system
Consumer and service space focus

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27
Q

Autonomy

A

Independent, in decision, making and practice

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28
Q

Code of ethics

A

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

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29
Q

What is the CDC center for disease control?

A

It’s a federal agency of the United States, public health service, which focuses on epidemiology, prevention, control, and treatment of communicable disease

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30
Q

What is OSHA, occupational safety and health act

A

Set standards for working conditions

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31
Q

Controlled substance act

A

Set standards for proper storage, documentation and administration of these substances per doctors orders

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32
Q

What is accreditation agencies?

A

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

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33
Q

If you fail to follow the policies and procedures of the institution and giving care

A

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

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34
Q

Five rights of delegation

A

Right task
Right circumstance
Right person
Right communication
Right supervision

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35
Q

Definition of law

A

System of rules, established and enforced by an institution

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36
Q

What is federal regulation?

A

Federal laws affecting nursing practice, health insurance, portability, and accountability act, HIPAA

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37
Q

Administrative law

A

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

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38
Q

Criminal law

A

Applies to law that protects the public and society as a whole and punishments are designed to the tear people from committing crimes

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39
Q

What are the two categories of criminal law?

A

Felony and misdemeanor

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40
Q

What is a felony?

A

Hey serious crime that may carry a penalty of state imprisonment or death

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41
Q

What is a misdemeanor

A

A crime, punishable by fines, or less than one year in a local imprisonment jail

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42
Q

Violation of criminal law in the nursing profession

A

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

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43
Q

What is civil law?

A

Civil law protects an individuals, personal rights, life, liberty, thinking, speaking privacy, etc.

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44
Q

Examples of civil law

A

Contract laws

Torts

Protective and reporting laws

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45
Q

What is a contract law?

A

Governs written, or implied agreement between individuals or an individual in an institution

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46
Q

What are three kinds of contracts?

A

Formal contract

Expressed contract

Implied contract

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47
Q

What are the three elements of a legal contract?

A

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

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48
Q

Informed consent

A

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

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49
Q

What is the responsibility of the physician to explain

A

What the treatment will be

What the risk are

What the alternatives are

Who will perform the treatment

Will the treatment be necessary

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50
Q

What makes informed consent not legal

A

If the patient is confused, unconscious, mentally, incompetent, a minor, or under the influence of sedatives the informed consent is not legal

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51
Q

What is a tort?

A

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

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52
Q

What is negligence?

A

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

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53
Q

Malpractice

A

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

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54
Q

What are the four things that must be present to prove malpractice?

A

Duty owed to the patient

Breach of duty

Causation

Injury or damages

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55
Q

Duty owed to the patient

A

A contract or responsibility to care for the patient that must be followed per facility, policies, procedures, job description, and standards of care

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56
Q

Breach of duty

A

Failure to do something or should have done something based on standards of care

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57
Q

Causation

A

Actions performed, or omission of actions must be proved to have legal caused the injury. A cause-and-effect relationship must be clearly established.

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58
Q

Damages or injury

A

Harm or injury, was caused physically financially or emotionally

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59
Q

Examples of unintentional torts

A

Failure to assess
Failure to report
Failure to document
Failure to provide safety
Delegating improperly
Failure to follow standards of care
Lack of knowledge
Lack of skills
Lack of acceptance or responsibility

60
Q

Examples of intentional torts

A

Willful act that violates another persons, rights or property
Intent to do a wrongful act
Assault
Battery

61
Q

What is assault?

A

Any willful attempt or threat to harm another person?

62
Q

What is battery?

A

Any intentional touching of another persons, body without consent?

63
Q

Invasion of privacy

A

A patient has the right to have his medical condition or other personal information kept confidential at all times

Freedom from unwanted exposure, keeping them covered

64
Q

HIPAA

A

Health insurance, portability, and accountability act
Established in 1996
Standards set regarding the electronic exchange of health information

Be careful not to mention name, room, disease, or any other information in the hall, elevator dining room, or anywhere else

65
Q

What is defamation of character?

A

When information is communicated to a third-party, and causes damage to the reputation

66
Q

Libel defamation of character

A

A persons reputation is damaged by something that is written

67
Q

Slander defamation of character

A

A persons reputation is damaged by something that is spoken

68
Q

What is false imprisonment?

A

Unlawful restraint on the freedom of a person, or an unlawful detention of of a person

69
Q

Lawful reasons to apply restraints

A

To protect from injury of self, or others without order, but must have order to continue use, and assess hourly

Failure to use restraints when required is also negligence

70
Q

Protective and reporting laws

A

Good Samaritan law

Patient abandonment

Reporting obligation

Controlled substance, dense act

71
Q

What is the good Samaritan law?

A

It’s a law that protects from liability for negligent acts that may occur when giving emergency care

72
Q

Patient abandonment

A

Walking out on your patient assignment

73
Q

Reporting obligation of a mandatory reporter

A

Adult or child abuse

As healthcare providers, we are mandatory reporters

We do not have to prove anything, only that there is suspicion or concerns

74
Q

Controlled substance act

A

Maintain concise records of dispensing wasting in storage of controlled substances

Report unsafe, or impaired health professionals

Reporting information may vary from state to state 

75
Q

What is an incident or variance report?

A

Intended to provide in-house improvements in care

Administration records required by federal law so that agencies can see patterns and correct them

Reports are written as soon as possible after occurrence and are accurate

Examples are medication errors falls, and surgical mixups

Reports are objectively written with fax with no finger-pointing and are not in medical records

76
Q

What is ethics?

A

Philosophy that examines the difference between right and wrong

77
Q

Code of ethics

A

Set of principles that are generally accepted by all members of profession

78
Q

Ethical principles

A

Guide, professional, practice, and decision making

79
Q

Autonomy

A

Refers to an individuals right to choose in the ability to act on the choice

Example AMA against medical advice

80
Q

Fidelity

A

Duty to be faithful

81
Q

Justice

A

Refers to the principal of fairness to treat everyone the same

82
Q

Beneficence

A

Considering the patient’s best interest to do good for the patient

83
Q

Non-maleficence

A

The fundamental agreement to do no harm

84
Q

Responsibility

A

The execution of duties associated with the Nursing role

85
Q

Accountability

A

The ability to answer for your own actions

86
Q

Confidentiality

A

The requirement to keep personal healthcare information, confidential

87
Q

Veracity

A

Duty to tell the truth

88
Q

Advocacy

A

Look out or speak up for the right of others

89
Q

What is an advance directive?

A

It helps drive care and direction, and decides who will make decisions for the patient in a case that he or she is unable

Decides the kind of medical treatment. The patient wants or doesn’t want a written instruction that is recognized under the state law.

DNR comfort measures do not hospitalize organ donation

Examples are power of attorney, DNR LivingWell

90
Q

Documentation

A

A legal document and can be used in court

Forms may be different different, but basics are the same

Way to show you have a legitimate knowledge base

A way to show you function within the standards of care 

91
Q

Five professional values of nursing

A

Altruism
Human dignity
Integrity
Autonomy
And social justice

92
Q

Altruism

A

The selfless concern and actions for the benefit of someone else

An example would be a nurse rushing to help someone in need sometimes ignoring the wrist to themselves and putting the needs of the client first

93
Q

Human dignity

A

Implies that each individual regardless of things, such as race, religion sex, gender, etc. has values and she’ll be respected simply because human beings are all equal

94
Q

Integrity

A

The quality of being honest, and having strong moral principles

95
Q

Autonomy

A

Is the right to self determination autonomy refers to the nurses responsibility to respect the clients right to make their own decisions regarding their healthcare

96
Q

Social justice

A

Is the awareness of the basic right to health and well-being being of every individual

Change in health policy, aimed at analysts and critique of social structures, laws and customs that harm groups through exclusion. Every person has the right to quality healthcare.

97
Q

Ethical dilemmas

A

Situations where a critical choice must be made, but the solution may not be ethically acceptable

Ethical dilemmas can also occur when the personal values of the nurses are different from those of the client

When faced with ethical dilemmas, it is important for the nurse to abide by the code of ethics, regardless of their personal beliefs and values

98
Q

Ethical decision making

A

The process of evaluating and choosing options in an ethical, consistent manner, using ethical principles

One vision of the ethical decision making process uses eight sequential steps

99
Q

What are the eight sequential steps to ethical decision making

A

Step one is there an ethical dilemma

Step two clearly identify the ethical dilemma

Step three identify possible solutions

Step for apply ethical principles to the solution

Step five include all relevant individuals and factors

Step six decide on a solution

Step seven review the decision

Step eight put the decision into action

100
Q

EMTALA

A

Emergency medical treatment and labor act

101
Q

PHI

A

Protected health information

102
Q

What is a tort?

A

A tort is carrying out an act or failing to act against what is considered, reasonable or acceptable

103
Q

Examples of intentional torts

A

Defamation
Battery
Invasion of privacy
Assault

104
Q

Examples of unintentional torts

A

Negligence and malpractice

105
Q

Examples of implied consent

A

Implied consent is for things that are invasive

Insertion of a urinary catheter
Initiation of an IV site
Administering a pain med

106
Q

Examples of informed consent

A

Colonoscopy to screen for colon cancer
Scheduled cesarean section
Elective, cosmetic surgery

Informed consent is for invasive procedures

107
Q

What is an advance directive?

A

A written statement of a persons wishes regarding medical treatment

108
Q

Whistle blowing

A

Reporting private information about an organization wrongdoing or illegal activity

109
Q

Examples of reportable diseases that are considered a significant public health risk

A

Measles and influenza

110
Q

Examples of non-reportable conditions of diseases or illnesses that are not considered significant public health risks

A

Pneumonia
MRSA

111
Q

Sentinel event

A

An adverse event that should never occur

112
Q

ANA

A

American nursing association 

113
Q

Just culture

A

Values, supportive model of shared, accountability, and mindfulness

114
Q

Standards of practice

A

Explanatory statements that describe a competent level of care for all nurses using the critical thinking model known as the nursing process

115
Q

Standard of professional performance

A

Define competent behavior of all registered nurses were professional care is provided

Define competent behavior of all registered nurses and licensed, practical nurses work hair is provided in an ethical manner with respect for cultural diversity 

116
Q

The sixth ethical principles of the nursing profession

A

Autonomy, beneficence, non-maleficence, veracity, fidelity, and justice

117
Q

The five professional values of nursing

A

Altruism, human dignity, integrity, autonomy, and social justice

118
Q

What process the nurse must complete to identify, assess, and develop their own personal value system

A

Value clarification

119
Q

What is the first step of the ethical decision making process?

A

To identify if an ethical dilemma exists

120
Q

A federal law that protects an individuals, identifying private and personal health information

A

HIPAA, the health insurance, portability and accountability act

121
Q

The two types of unintentional torts

A

Malpractice and negligence

122
Q

What is the nurses role when obtaining informed consent?

A

To witness the client signature

123
Q

What are two types of advance directives

A

Living will and durable power of attorney for healthcare

124
Q

What are the five rights of delegation?

A

Right task right circumstance, right person, right direction, and right communication, right supervision, and evaluation

125
Q

The ANA documents that addresses the expected values and ethical principles of the nursing profession

A

The code of ethics for nurses with interpretive statements

126
Q

The act requiring emergency departments to provide equal care for clients, regardless of their insurance status

A

The emergency medical treatment and labor act, EMTALA

127
Q

The physical and mental exhaustion that can cause the nurse to be unable to function safely

A

Nurse, fatigue

128
Q

The process of documentation that is in accurate and incomplete and misleading

A

Falsification of health records

129
Q

Nurse practice act NPA

A

A state law that explains the functions and responsibilities of the professional nurse

Current laws and regulations, governing nursing practice in every state and territory of the United States 

130
Q

Scope of nursing practice

A

Sets for the service or activities that licensed professionals are deemed competent and permitted to perform

131
Q

Quality and safety education for nurses QSEN

A

Set of nursing competencies and proposed targets for the knowledge skills and attitudes that all pre-licensure nursing students should have obtained for entry to practice

132
Q

What are the QSEN competencies quality and safety education for nurses

A

Safety
evidence based practice,
patient centered, care,
informatics,
teamwork, and collaboration,
quality improvement

133
Q

NLN

A

National league of nursing is a nationally known Nursing organization for nursing faculty, and Nursing educationleaders

134
Q

What are the National League of Nursing integrated competencies?

A

Professional identity
Human flourishing
Nursing judgment
Spirit of inquiry

135
Q

Standards of professional performance

A

Defined competent behavior of all registered nurses where professional care is provided

136
Q

Standards of practice

A

Explanatory statement that describes a competent level of care for all nurses using the critical thinking model known as the nursing process

137
Q

What is the nursing process?

A

Assessment
Diagnosis
Planning
Implementation
Evaluation

138
Q

NCLEX

A

National council licensure examination

Nationwide, standardized test for the examination and licensing of either registered nurses or practical nurses

139
Q

How many days does a nurse applicant have to complete the NCLEX exam

A

90 days

140
Q

Requirements for initial licensure

A

Verification of graduation

Completion of a criminal background of the NCLEX exam

Confirmation of successful completion of the NCLEX exam

141
Q

Requirements for renewal

A

Completion of continued education hours

Confirmation of practice hours, and or activities

142
Q

Requirements for both initial and renewal licensure’s

A

Disclosure or disciplinary action, taken against any professional license

Disclosure of any criminal record history

Disclosure of reporting of any substance misuse within the previous five years

143
Q

NLC

A

Nurse, licensure compact

An agreement by state licensing boards that allows a nurse to practice in any state that has adopted the compact under one license

144
Q

Reciprocity

A

Ability to transfer current state license to another, providing the nurse has an initial nursing license and is in good standings

145
Q

Credentials

A

Formal verification, and recognition of an individuals qualifications incompetence to provide service in their occupation

146
Q

Order to sign during a signature

A

Name, education, licensure, certification