week 4 Flashcards

1
Q

what is a fiduciary relationship with patients

A

nurses provide a service that the patient will trust because of the type of service

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2
Q

what is a legislation

A

laws developed with a specific intent. usually provincially

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3
Q

what is a regulation

A

the act of being registered in a professional capacity

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4
Q

what is a regulatory body and whats it responsible for

A

-accountable to the public for ensuring safe, competent, and ethical nursing care
-for practical nurses, RN/ nurse practitioners, registered psychiatric nurses
-nurses must maintain “registration” with thier regulatory bodies to be considered practicing in a legal capacity

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5
Q

how does a nurse become registered

A

-write the NCLEX-RN exam
- register with regulatory body
6 VIP requirements
1. nursing education from an approved educational institute
2. evidence of recent practice (you get tis at step 1)
3. pass the jurisprudence exam
4. proficiency in english/french (only french in quebec)
5. past offenses and legal findings
6. attestation of health and good conduct

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6
Q

the role of the regulatory body and 2 pieces of legislation that impacts nursing and allows it to be self-regulated

A

protect the public
1. RHPA-13 controlled acts, of which 4 are delegated to RNs, LPNs and 7 to NPs
2. nursing act 1991-outlines our scope of practice

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7
Q

what is the RHPA

A

-Regulated health professions act 1991
-regulates the actions of a profession as well as the responsibilities of the profession to maintain competence
- IDs the mechanism for investigation of complaints by the public as well as discipline
- outlines the scope of practice for that profession in the relevant act (nursing act)
-26 professions…one is nursing

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8
Q

what is a nursing act

A

-determines how the nursing profession is regulated in ontario
-contains the scope of practice statement and controlled acts authorized to nursing
- stipulates provisions and regulations specific to the nursing profession
-establishes the mandate of the College of Nurses Of Ontario
- defines the scope of practice for the nursing profession

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9
Q

what are standards of care and what do they do

A

-legal guidelines for nursing practice developed by regulatory body following the relevant legislation
-establishes an expectation of nurses to provide safe and appropriate patient care
-nursing practice acts
- provinicial/terrtorial laws regulating healthcare agencies
-professional and specialty nursing organizations…CNA
-written policies and proedures-institutional level

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10
Q

what is scope of practice laid out by

A

regulatory body

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11
Q

nurses can be subject to btoh types of laws…

A

criminal…federal
private (civil rights)… provinicial

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12
Q

legal liabilty-civil

A

Tort: civil wrong committed against a person

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13
Q

intentional torts

A

-assault: physical or verbal threat
-battery: intentional physical contact without consent
-invasion of privacy- unwanted intrusion into private affairs, release of confidential info, computers and confidentiality, social media
- false imprisonment: loss of individual liberty and basic rights

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14
Q

unintentional torts

A

-more common the legal actions brought upon nurses
-negligence: failure to uphold standards of acre
ex. meds eorris, IV injury, burns from equipemnt, falls resulting in injury, failure to use aseptic techniques

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15
Q

examples of negligence

A

-errors in sponge/instrument counts
-failure to give adequate report when theres a transfer of acre
- failure to monitor a patient’s condition adequately
-failure to notify the MRP or physician of a change in condition
-failure to properly delegate (ex asking someone who is not authorized to do a procedure to do it) or supervise
can be prevented with proper communication

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16
Q

what is criminal negligence

A

wanton or reckless disregard for human life or limb

17
Q

legal liability-criminal..legal issues

A

-may be both criminal and civil
- informed consent falls here
Legal issues:
- abortion
- drug regulations and nurses
- communicable diseases
-end of life issues
- advance directives and health care surrogates
- organ donation
- mental health issues
- public health issues

18
Q

examples of other legal implications

A

-short staffing-inadequate number of nurses to provide care
- abandonment
- floating-based on census load and acuteness of patients conditions
-physician’s orders-must be followed unless the nurse believes there is an error that violates agency policy or is harmful to patients

19
Q

mental health issues

A

-can be admitted involuntarily or voluntary
- if admitted on a voluntary basis have the right to refuse treatment and the right to discharge themselves from hospital
- if the patient may cause harm to self or others, provincial/ territorial mental health legislation permits police to bring the person for examination and treatment without the persons consent

20
Q

if a person is admitted by the police

A

form 1…72 hour stay
form 3…2 or 3 week stay
community treatment order

21
Q

what do public health acts do

A

assist in the prevention, treatment and suppression of communicable diseases

22
Q

public health issue-nurses legal responsibilty

A

-reporting suspected abuse and neglect
- reporting communicable diseases
- reporting other health-related issues to protect the public’s health

some provinces/territories have legislation regarding mandatory immunization

23
Q

organ donation-legislation

A

-legally competent people are free to donate their bodies or organs for medical use
- legislation varies between provinces
- legislation for both inter vivos (live donors) and post-mortem (cadaveric) donations

24
Q

examples of end of life issues

A

-definition of death (who can pronounce)
- legal right to refuse life-prolonging treatment
-euthanasia
- assisted suicide
-medical assistance in dying (MAID)

25
Q

what is advance directives and examples

A

a mechanism enabling a mentally competent person to plan for a time when mental capacity is lost
-living will
- instructional directive
- proxy directive
- psychiatric advance directive

-nurses must follow the wishes of a validly appointed proxy

26
Q

nursing students and liability

A

-students must know their own capabilities
- students are liable if their actions cause harm to patients, as is their instructor, the hospital and student’s college/university
-must separte thier nurse role from thier work as unregulated care providers

27
Q

what is malpractice insurance

A

may be carried by facility
-not applicable to employee working outside normal scope of employment
-provides a defence when a nurse is in a lawsuit involving negligence or malpractice insurance