Week 6 - Legal Concepts in Anesthesia Flashcards
What is statutory law?
- Constitution provides for legislatures, state and federal
- Hierarchy in various aspects of law (can be more picky but not less picky than the level above)
- Division of Power – state & federal
- Legislatures make statutes
- States have “police power” over citizens
What do statues do?
- Outline standards of behavior – the LAW
- Appropriate funds
- Determine rules to live by
- Determine punishments for crimes
- Provide underlying basis for regulations
- Create agencies and jobs – give power to agencies
What laws affect CRNA practice?
Federal
State
Local (Hospital Laws – Policies)
How are Laws different from Policy?
Laws proscribe behavior
- Rules define the law and consequences
- Agencies responsible for interpreting and enforcing laws and rules
Policy is what “should” be done, may be made into law eventually
-Enforceability varies
What are Federal and State examples of administrative rules?
Federal: Supervision and Opt-Out, Medicare TEFRA
State: scope of practice
What are the TEFRA Rules for Medical Direction?
- Performs a preanesthesia exam and eval
- Prescribes the anesthesia plan
- Personally participates in the most demanding aspects of the plan
- Ensures a qualified provider performs procedures
- Monitors the anesthetic at frequent intervals
- Remains physically present and immediately available
- Provides postanesthesia care
Who makes Laws? Rules? Decisions?
Laws –> Representatives and Senators
Rules –> Agency Personnel
Decisions –> Judges
What are the roles of professional organizations?
- Provide a sense of community to a profession
- Share common goals and ideas
- Support research and professional growth
- Protect practice rights
- Support members in many ways
- Voluntary, pay dues and get benefits
How do professional organizations affect policy?
-Able to influence legislators – campaign donations, lobbying efforts, election influences
Influence results in legislation
- some organizations are very powerful
- agencies are theoretically above influence
What is CRNA practice determined by?
Legislation and Administrative Rules
- nurse practice acts
- interpretation by licensing boards
- states vary in all aspects
- licensing boards determine scope of practice based on interpretation of statutes
What are the types of Law?
Contract - binding agreement between parties to provide something for a consideration (laws different in every state) – CRNA employment contract
Criminal - statutes in each state determine what is a criminal act, and what the penalties are for breaking the law
Civil (Torts) - private party against private party (punishment may include monetary damages, court imposed actions or behavior) – Malpractice
What four elements must be present for something to be Civil Negligence (Malpractice)?
- Duty (standard of care)
- Breach of Duty (violation of standard)
- Harm/Damages (actual harm varies by situation)
- Causation (breach must have been proximate cause of harm)
*all must be met to be found negligent
What is battery?
Offensive touching without the consent of the one being touched
What are the components of a contract?
Mutual offer of something of value
Acceptance of the offer
Consideration provided for the thing of value
What is the statute of limitation in Iowa for a Malpractice claim?
Within two years after the date of injury/damage
