Nursing Jurisprudence and Ethics - Quiz #3

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Which of the following is TRUE about Incident Based Nursing Peer Review in Texas? A. An employer may take disciplinary action before an incident based peer review is conducted because a peer review committee does not determine issues related to employment. B. A nurse who is employed by an agency or contractor cannot be subjected to peer review by the facility where nursing services were provided. C. A major incident does not indicate that the continuing practice of nursing by the affected nurse poses a risk of harm. D. If an employer terminates a nurse for non-practice-related reasons (such as too many absences, or non-patient-related misconduct), the peer review committee may consider those issues when evaluating the nurse's questionable action.

A. An employer may take disciplinary action before an incident based peer review is conducted because a peer review committee does not determine issues related to employment.

Nursing peer review committees are legally obligated to: A. conduct proceedings in good faith. B. continue the nurse's employment until after the nursing peer review concludes. C. provide the nurse with an attorney. D. report minor incidents to the state board of nursing.

A. conduct proceedings in good faith.

Invoking safe harbor in good faith ensures the nurse will: A. not be named in a lawsuit. B. not continue with the assignment. C. not be ostracized by other nurses. D. not be reported to the state board of nursing.

D. not be reported to the state board of nursing.

In order to prevail in a whistleblower claim, the plaintiff must show that the defendant: A. suspended the plaintiff for complaining about poor work conditions. B. failed to provide reasonable accommodations to the plaintiff. C. discriminated against the plaintiff based on race, religion, age, or gender. D. retaliated against the plaintiff who validly reported a violation of the law.

D. retaliated against the plaintiff who validly reported a violation of the law.

State law on confidentiality of nursing peer review proceedings DOES NOT permit the findings to be disclosed to: A. the Board of Nursing. B. the agency's patient safety committee. C. the agency's Chief Nursing Officer. D. the court in a related medical malpractice suit.

D. the court in a related medical malpractice suit.

Which of the following protections are available for whistleblowers? A. Unpaid leave during suspension from work. B. Protection from harassment and retaliation of employers. C. Protection from gossip in the workplace. D. Protection of benefits and retirement accounts.

B. Protection from harassment and retaliation of employers.

The Texas BON rules on incident-based peer review outlines the process for peer review of: A. Registered nurses, physicians, & pharmacists B. Physicians C. Registered nurses D. Pharmacists

C. Registered nurses

Minor incidents are reportable to the state board of nursing if the nurse: A. demonstrates a conscientious approach to patient care. B. possesses knowledge and competency to perform safe patient care C. poses a significant risk of harm to patient or others. D. demonstrates a pattern of safe nursing practice.

C. poses a significant risk of harm to patient or others.

The main legal concept in incident-based nursing peer review is: A. referring a nurse to the nursing peer assistance program. B. conducting a hearing within a week of a complaint. C. utilizing due process when investigating an incident. D. reporting a nurse to the state board of nursing.

C. utilizing due process when investigating an incident.

True or False: The nurse's request for Safe Harbor Peer Review becomes invalid after a supervisor responds with adequate staff, equipment, or whatever else was at issue with the original assignment.

False


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