Legal aspects of nursing
licenses, monitors, rehabilitates
"The Florida Board of Nursing BLANK, BLANK, disciplines, educates, and when appropriate **BLANK** licensees to assure their fitness and competence in providing health care services to the people of Florida."
Crime
BLANK An act committed in violation of public (criminal) law Punishable by a fine or imprisonment Does not have to be intended in order to be a crime Example: Accidentally administering an additional and lethal dose of a narcotic to relieve discomfort
Tort
BLANK Civil wrong against a person or a person's property Based on fault Something done incorrectly Something omitted
Misdemeanor
BLANK Less serious Punishable by a fine or short-term jail sentence, or both Example: A nurse who slaps a client's face
Felony
BLANK Serious nature (e.g., murder) Punishable by term in prison Manslaughter Second-degree murder
Florida Nurses Association
BLANK : .Has no legal authority .What role does the Florida Nurses Association serve? versus Florida Board of Nursing has legal authority.
Florida Center of Nursing
BLANK = distinct from the Florida Board of Nursing. nursing shortages
Contractual obligations
BLANK BLANK: Nurse's duty to render care duty to give best care to patient
Expert witness
BLANK BLANK: Special training, experience, or skill in relevant area and allowed by court to offer opinion on a related issue
False imprisonment
BLANK BLANK: Unjustifiable detention of a person without legal warrant to confine the person
Florida Center of Nursing
BLANK addresses the issues related to recruitment, retention, and utilization of the nursing workforce.
Unprofessional
BLANK conduct KNOW ALL: Incompetence or gross negligence Conviction for practicing without a license Falsification of client's records Illegally obtaining, using, or possessing controlled substances Need to retain professional boundaries Violation of professional ethical codes Breach of confidentiality Fraud Refusing to care for clients of specific socioeconomic or cultural origins
Litigation
BLANK is the action of a lawsuit.
Invasion of privacy
BLANK of BLANK: Direct wrong of a personal nature Unnecessary discussions, gossip
Assault
BLANK: Attempt or threat to touch another person unjustifiably
Defamation
BLANK: Communications that are false
Libel
BLANK: Defamation by means of print, writing, or pictures
Slander
BLANK: Defamation by spoken word
Battery
BLANK: Willful touching of person (including clothes or something carried) that may or may not cause harm
question
Carrying Out a Physician's Orders: Categories nurses should BLANK: Verbal orders to avoid miscommunication. Question and record. Any order that is illegible, unclear, or incomplete.
accreditation
Credentialing Accreditation/approval of basic nursing education programs .ACEN BLANK
Separate
Credentialing Licensure State-based BLANK license required for each state Challenged by changes in health care delivery
Nurse Practice Acts
Each state has one. Define and describe scope of nursing practice Control practice through licensing Easily accessed at specific state board of nursing's website
unprofessional
Examples of BLANK conduct in Florida as a registered nurse: intentional harm 'stealing from pt releasing private information assault battery using drugs abandonment leave your pt. without letting supervisor know
legal
Florida Nurses Association : .Has no legal authority .What role does the Florida Nurses Association serve? versus Florida Board of Nursing has BLANK authority.
independent
Functions of the Law in Nursing Helps establish boundaries of BLANK nursing action Assists in maintaining standard of nursing practice by making nurses accountable under the law independent judgement nurse makes. for our judgments we are liable, took extra BP, temp
Framework
Functions of the Law in Nursing: BLANK for establishing which nursing actions in the care of clients are legal Differentiates nurse's responsibilities from those of other health professionals
HIPAA
Health Insurance Portability & Accountability Act of 1996 (BLANK) includes four specific areas. Electronic transfer of information among organizations Standardized numbers for identifying providers, employers, and health plans Security rule Privacy rule
rehabilitated
IPN = Intervention Project for Nurses . A program for affected nurses in Florida to be "BLANK in a therapeutic, non-punitive , and confidential" manner. NO PUNISHMENT so they can return to nursing
scope
Importance of delegation in nursing cautious when delegating task that they have within their BLANK of practice.
voluntary, understand, enough,
Informed Consent Essential elements Consent must be BLANK. Consent must be given by client or individual with capacity to BLANK. Must be given BLANK information to be the ultimate decision maker Client must not feel coerced. client should not feel forced.
minor, unconscious, mentally
Informed Consent Exceptions Except in specific circumstances, the following individuals cannot provide informed consent: A BLANK, person 18 years or younger The BLANK or person injured in such as way that they are unable to consent A BLANK ill person judged by professionals to be incompetent
interpreter
Informed Consent Exceptions Important to consider the problem of illiteracy and other language barriers The consent must be read to the client or an BLANK appropriately used to be certain client understands.
refuse
Informed Consent Nurse's role Client gave consent voluntarily. Signature is authentic. Client competent to give consent. Client has right to BLANK even after signing consent form. Documentation important aspect
prior
Informed Consent Purpose Provides client with complete information BLANK to obtaining agreement by client to accept a course of treatment or procedure.
Criminal actions
Kinds of Legal Actions BLANK: dispute between individual and society Dispute between individual and society as a whole Example: Someone commits a crime, society brings the person to trial. If found guilty, may lose money, be jailed, executed, nurse can lose license
Civil actions
Kinds of Legal Actions BLANK: person to person Deal with relationships among individuals in society Torts and contracts such as: Nurse and client Nurse and employer Professional negligence Libel and slander If found guilty, usually pay money
liability
Knowledge of laws needed to: Ensure that the nurse's decisions and actions are consistent with current legal principles Protect the nurse from BLANK
nurse practice, documentation
Legal Protections in Nursing Practice: Following BLANK BLANK act and standards is major legal safeguard for nurses Accurate, complete BLANK necessary
action and liable
Legal Responsibilities of Students: Responsible for own BLANK and BLANK for their own acts of negligence Lower standards are not applied to nursing students Function within scope of education, job description and nurse practice act Follow procedures and policies Ask for additional help or supervision in situations they feel inadequately prepared If working as an aide, only perform tasks in job description, not from nursing school
Liability
Legal Roles of Nurses Provider of service BLANK: Being legally responsible for one's obligations and actions responsible for that independent judgement
education
Licensure as a registered nurse in Florida: NCLEX Renew RN license every 2 years Role of continuing BLANK in Florida CE Broker
liable
Nurses are expected to take reasonable precaution to safeguard a client's property. Can be held BLANK for its loss or damage
attorney
Nurses as Witnesses: Advised that any nurse who is asked to testify seek advice of an BLANK Expert witness Special training, experience, or skill in relevant area and allowed by court to offer opinion on a related issue
signature
Obtaining informed consent is the responsibility of the individual performing the procedure. The nurse may be asked to witness the client's BLANK on the consent form.
Insurance
Professional Liability BLANK: Necessary due to increasing numbers of malpractice lawsuits Nurses advised to carry own insurance Usually defrays all costs of defending a nurse, including the cost of retaining an attorney Insurance covers costs up to face value of policy.
Good Samaritan Acts
Protect health care providers providing assistance at an emergency scene against claims of malpractice Guidelines for nurses who choose to render emergency care include: Limit actions to those normally considered first aid, if possible Do not perform actions which the nurse does not know how to perform Offer assistance but do not insist Have someone call or go for additional help Guidelines for nurses who choose to render emergency care include: Do not leave the scene until the injured person leaves or another qualified person take over Do not accept compensation
legal
Providing Competent Nursing Care: Provide care within the BLANK boundaries. Nurses need to be familiar with various jobs. Care to protect clients from harm. Anticipate sources for injury. Educate clients about hazards.
RN
Role of BLANK in Florida: assessment delegation delegate to LPN: vital signs, oral medications, wound care.
LPN
Role of BLANK in Florida: functioning under supervision of RN or MD med administration in LTC oral meds wound care
ARNP
Role of BLANK: nurse practitioner, nurse anesthetist, nurse midwife -prescribe medications diagnose and prescribe physician supervision in offices ARNP dermatologist
report
Selected Legal Aspects of Nursing Practice: As client advocates Right to informed consent or refusal Identify, BLANK violent behavior and neglect of vulnerable clients Duty to BLANK nurse suspected of chemical impairment
External
Standards of Care BLANK standards Nurse practice acts Professional organizations Nursing specialty-practice organizations Federal organizations and federal guidelines
Florida Board of Nursing
The BLANK consists of 13 members. All the members must be residents of Florida. The BLANK includes 7 registered nurses(including at least 1 ARNP, 1 nurse educator, and 1 nurse administrator), 3 licensed practical nurses, and 3 members who have never been licensed nurses. Terms for the BLANK = 4 years.
Gross negligence
Unintentional torts BLANK BLANK: Extreme lack of knowledge, decision making, or skill that should have been known that put others at risk for harm
Malpractice
Unintentional torts BLANK: Negligence that occurs while the person is performing as a professional Applies to physicians, dentists, lawyers, and generally includes nurses
malpractice
Unintentional torts Malpractice Elements present to prove BLANK: Duty Breach of duty Foreseeability Causation Harm or injury Damages Res ipsa loquitur=EVIDENCE already there
Check
Unintentional torts Malpractice Measures to prevent malpractice BLANK and recheck medications Medication error Check side rails before leaving a client Client safety
complaint
Unintentional torts Malpractice Measures to prevent malpractice Do not ignore a client's BLANK Failure to observe and take appropriate action Right client Mistaken identity
Negligence
Unintentional torts: BLANK: Misconduct or practice below standard expected of ordinary, reasonable, prudent person Places another person at risk for harm Applies to anyone
reporters
Violence, Abuse, and Neglect: Includes domestic violence, child abuse, abuse of older adults, and sexual abuse Nurses are mandated BLANK. Required by law to report suspected abuse, neglect, or exploitation Detect cases at an early stage, protect children, and facilitate provision of services
denial
What situations could lead to BLANK of a nursing license? criminal background previously losing another healthcare license denied license renewed somewhere else
