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NUR 324 > WK 2 Legal & Ethical Issues in Nursing > Flashcards

WK 2 Legal & Ethical Issues in Nursing Flashcards

1
Q

scope of nursing practice

A

defines nursing and reflects the values of the nursing profession

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2
Q

important legal acts

A

american nurses association (ANA), evidence-based practice, the joint commission (TJC), nurse practice act, compact licensure

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3
Q

American Nurses Association (ANA)

A

defines what nurses can do and what they are taught in school

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4
Q

The Joint Commission

A

requires institutions to have all policies written and accessible by all nurses = what nurses are expected to know

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5
Q

nurse practice act

A

state laws related to licensure

all nurses myst be licensed in each state they work in

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6
Q

compact licensure

A

groups say you can be licensed in one state and work in another without retaking any tests or filling out other paperwork

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7
Q

patient protection and affordable care act

A

a legal act approved by congress that makes sure all Americans have access and ability to get healthcare insurance

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8
Q

4 components of the affordable care act

A
  1. consumer rights and protections
  2. affordable health care coverage
  3. increased access to care
  4. quality of care that meets the needs of patients
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9
Q

patient bill of rights

A

protection for people with pre-existing conditions

can increase insurance rates, but cannot deny insurance coverage

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10
Q

health insurance portability and accountability act (HIPPA)

A

establishes patient rights regarding privacy of their health care info and records

allows patient the right to their OWN medical record

limits who can have access to the chart

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11
Q

protected health information (PHI)

A

name, address, DOB, SSN, photographs, fingerprints, medical record #, phone #, driver’s license #, email, URL, IP address, Admit/discharge dates, any other unique ID #

if there are two or more items listed, this is considered PHI and is considered a HIPPA violation if shared

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12
Q

what is HIPPA comliant?

A

privacy rule, security rule, breach notification rule, safety rule

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13
Q

privacy rule of HIPPA compliance

A

should be responsible to keep personal health records private

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14
Q

security rule of HIPPA compliance

A

must keep patient files safe from any unauthorized access during transit and storage

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15
Q

breach notification rule of HIPPA compliance

A

have to inform affected individual in case of breach of unsecured patient info

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16
Q

safety rule of HIPPA compliance

A

it should protect identifiable protected health info that can be used to analyze and improve the safety of the patient

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17
Q

patient self-determination act

A

requires health care institutions to provide written info to patients concerning their rights to make decisions about their care, including the right to refuse treatment and to formulate an advance directive

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18
Q

components of the patient self-determination act

A

patients must be offered info about advance directive

durable power of attorney for health care (DPAHC)

lots of emphasis placed on patient’s decisional capacity

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19
Q

informed consent

A

an explanation of the procedure or treatment

name and qualifications of people performing and assisting in the procedure

description of serious harm, including health, that may occur as a result of the procedure and anticipated pain and/or discomfort

knows that he or she has the right to refuse the procedure/treatment

20
Q

advance directives

A

document developed by the patient that instructs others to do tasks before, during and after their death

related to the patient self-determination act

21
Q

important consideration for advanced directives

A

patients must have decision making capacity to sign an advanced directive and if they do NOT, then refer to AD for decision making related to health care

hospitals must ask patients if they have one, obtain a copy and if they do not, ask if they want info about creation of one

22
Q

living will

A

type of advanced directive that gives more info about end of life preferences

can include info about DNR, enteral feedings, and other decisions about end of life care

patient must have decision making capacity to make a living will

23
Q

do not resuscitate (DNR)

A

does not mean “do not care”

order = do not do CPR and other acts that may or may not be stated on the living will/advanced directive

can be revoked at any time by the patient with decisional capacity

24
Q

other important legal acts

A

EMTALA, Americans with Disabilities Act (ADA), mental health parity and addiction equity act, omnibus budget reconciliation act

25
Q

EMTALA

A

when a person presents to an ED, the have to be treated NO MATTER WHAT

26
Q

ADA: Americans with Disabilities Act

A

protects rights of people with physical or mental disabilities

27
Q

Mental Health Parity and Addiction Equity Act

A

requires health insurance coverage for mental health and substance use treatment

28
Q

Omnibus Budget Reconciliation Act

A

centered on protection of older adults, legal use of physical and chemical restraints in any setting

29
Q

state statues impacting nursing practice

A

good samaritan laws, public health laws, the uniform determination of death act

30
Q

good samaritan laws

A

limit liability and offer legal immunity if a nurse helps at the scene of an accident

can do anything in the scope of your practice

31
Q

public health laws

A

laws affect individuals, populations and communities that are intended to improve the health of people

32
Q

the uniform determination of death act

A

determines actual death

33
Q

values

A

deeply held belief about the worth of an idea, attitude, custom, or object that affects choices and behaviors

34
Q

values clarification

A

ethical dilemmas almost always occur in the presence of conflicting values

to resolve ethical dilemmas, one needs to distinguish among values, facts and opinion

35
Q

types of ethical problems

A

ethical dilemma and moral distress

36
Q

ethical dilemma

A

when two opposing courses of action can both be justified by ethical principles

37
Q

moral distress

A

instead of competing options for action, the nurse feels the need to take a specific action while believing that action to be wrong

38
Q

issues in health care ethics

A

social media, quality of life, care at the end of life, access to health care

39
Q

list of ethical principles

A

autonomy, beneficence, non-maleficence, justice, fidelity

40
Q

autonomy

A

freedom from external control

41
Q

beneficence

A

taking positive actions to help others

42
Q

non-maleficencce

A

avoidance of harm or hurt

43
Q

justice

A

fairness and distribution of resources

44
Q

fidelity

A

faithfulness or agreement to keep promises

45
Q

professional nursing code of ethics

A

advocacy, responsibility, accountability, and confidentiality

NUR 324 (4 decks)

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