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