question

The legal guideline in nursing; it defines nursing practice and establishes standards for nurses in your state

answer

The Nurse Practice Act

question

nursing care that can be performed safely by the LPN/LVN, based on knowledge and skills gained during the educational program

answer

Basic nursing care

question

the patient's clinical condition is predictable, without continuously changing orders, and requiring only basic nursing care

answer

Basic patient situation

question

the patient's clinical situation is not predictable, with continuously changing orders, complex meds and care beyond those learned in the LPN/LVN educational program

answer

Complex nursing situation

question

a physician's order is given to an RN, or LPN.LVN by a physician, dentist, or podiatrist

answer

Delegated medical act

question

an RN gives an order to an or LPN/LVN

answer

Delegated nursing act

question

the supervisor is continuously present to coordinate, direct, or inspect nursing care and remains within the building during the supervision

answer

Direct supervision

question

the supervisor regularly coordinates, directs, or inspects nursing care and is within reach either in the building or by telepone

answer

general supervision

question

Contents of Nurse Practice Acts

answer

a) definition of nursing b) definition of LPN/LVN c) use of title of LPN/LVN d) scope of practice e) elements of unprofessional conduct f) Functions of the state's board of nursing

question

Functions of the Board of Nursing

answer

a) Licensing and certifying nurses b) setting fees c) Setting standards for educational programs d) Determining duration and renewal of license (some boards require continuing ed credits for renewal of license) e) maintaining inactive status lists f) carrying out disciplinary action for violators g) developing programs for impaired nurses h) suspending or revoking licenses and dealing with the appeal process

question

Disciplinary categories: actions taken against nurses

answer

a) fraud and deceit b) criminal activity c) negligence d) violation of the Nurse Practice Act e) Discipline by another jurisdiction

question

contains disciplinary actions against dentists. and other health care practitioners, including nurses

answer

National Practitioner Data Bank

question

collects disciplinary action against nurses from all state boards of nursing and distributes to all state boards of nursing - incompetence - unethical conduct - alcohol and/or drug abuse

answer

National Council of State Boards of Disciplinary Data Bank

question

Steps for disciplinary action

answer

1. Sworn complaint 2. complaint is reviewed 3. finding of not guilty (no action taken) 4. finding of misconduct

question

Finding of misconduct

answer

1. continuing education 2. probation 3. nonrenewal of license 4. suspension of license 5. revocation of license 6. other possible alternatives made by state board

question

only people who have had formal training and have passed the appropriate NCLEX may be called "Nurse"

answer

Nursing licensure

question

working in another state without repeating the NCLEX for the new state

answer

Interstate endorsements

question

a mutual recognition between state nursing licenses; nurses may have one state license and practice in other states

answer

Mulitistate licensure

question

nurses on the border of one state may work under that states license of the bordering state

answer

border recognition agreement

question

the ability to check through the state board of nursing on a nurse's license

answer

verification of licensure

question

their work falls under the supervision of the delegating nurse. you are responsible for their work.

answer

unlicensed assistive personnel

question

Nursing standards of care: your guideline for good nursing care

answer

a) Nurse Practice Act b) Nursing licensure examination (NCLEX) c) PN/VN education programs d) written policies and procedures e) custom f) law g) nursing texts and journals h) administrative rules to the board of nursing

question

judge-made law; originates in the courts and sets precedents for the future (ex- informed consent and the right to refuse treatment)

answer

Common law

question

developed by the legislative branch of the state and US congress of the Federal government (ex- NPA)

answer

statutory law

question

the least serious charge and can result in a fine or prison sentence of no more than one year

answer

Misdemeanor

question

a serious offense with a penalty of more than 1 year in prison to death

answer

Felony

question

death, imprisonment, fines, restrictions

answer

Punishment

question

protects individuals rights and results in payment of money to the injured person

answer

civil action

question

intended to cause harm to the patient

answer

intentional tort

question

an unjustified attempt or threat to touch someone

answer

assault

question

to cause physical harm to someone

answer

battery

question

damage to someone's reputation through false communication or communication without their permission

answer

Defamation

question

defamation through written communication or pictures

answer

libel

question

defamation through verbalizing untrue or private information (gossip) to a third party

answer

slander

question

did not mean to harm the patient

answer

unintentional

question

conduct that falls below the standards established by law for the unreasonable risk of harm (conduct, not intent is the issue)

answer

negligence

question

professional negligence

answer

Malpractice

question

Four elements needed to prove negligence

answer

1. Duty 2. Breach of duty 3. Damages 4. Proximate cause

question

the nurse's responsibility to provide care in an acceptable way

answer

Duty

question

the nurse did not adhere to the nursing standard of care

answer

Breach of duty

question

the patient must be able to show that the nurse's negligent act injured him or her in some way

answer

Damages

question

a reasonable cause and effect relationship can be shown between the omission or commission of the nursing act and the harm to the patient

answer

Proximate cause

question

Steps for bringing legal action

answer

a) Depositions b) Attorney procedures c) Giving testimony

question

used to gather info under oath

answer

Depositions

question

advice of the attorney on how to respond to questions

answer

Attorney procedures

question

written

answer

liability

question

said

answer

slander

question

holds us responsible for our behavior

answer

personal liability

question

holds us responsible for actions of another because of a special relationship with the other

answer

Vicarious liability

question

"let the master speak"

answer

respondeat superior

question

hospital/employee relationship

answer

borrowed servant doctrine

question

used in the OR (the surgeon is responsible for all acts in the OR)

answer

captain of the ship doctrine

question

vicarious liability

answer

institutional liability

question

Common causes of nursing liability: lack of...

answer

1. safety 2. knowledge 3. skill 4. observation 5. documentation 6. acceptance of responsibility of all actions

question

reliable and trustworthy

answer

Responsibility

question

you are answerable

answer

accountability

question

Preventing student nurse and instructor liability

answer

1. prepare by reading the chart 2. look up meds 3. review how to perform ordered treatments 4. compose a time sequence for care during your time with the patient 5. review plan of care with instructor 6. id need for & request additional help or supervision 7. comply with agency and school of nursing policies

question

the right to be left alone and free from intrusion, including the right to choose care based on personal beliefs, feelings or attitudes

answer

privacy

question

nondisclosure of information regarding patients

answer

confidentiality

question

Info that must legally be revealed

answer

a. communicable diseases b. vaccine-related adverse reactions c. criminal acts (rape, gunshot/sharp injuries, BAC) d. equipment related injuries e. clear & present danger f. abuse and neglect of a patient or an elderly person g. incomplete or unprofessional acts

question

Patient's right's include:

answer

a. high-quality hospital care b. a clean and safe environment c. involvement in your own care d. preparing you to leave the hospital e. help with billing

question

The basics of HIPAA:

answer

1. protection of privacy 2. administrative simplification 3. security standards

question

What HIPAA does address

answer

1. access to medical records 2. amendements to the medical record 3. restrictions on the use of protected health info 4. access to an accouting 5. confidential communications 6. complaints about violations of privacy 7. minimum necessary rule (how much you divulge) 8. telephone requests for patient health info 9. emails and fazes

question

Concerns HIPAA doesn't address

answer

1. Patient competency 2. Patient's right to consent

question

consent obtained through admission process

answer

general consent (implied consent)

question

must be obtained for invasive procedures ordered for diagnostic or therapeutic purposes

answer

informed consent

question

parents giving consent to treat their chils

answer

Authorized consent

question

notifies patients at the time of admission of the right to use advance directives

answer

patient self-determination act

question

Advance directives

answer

1. living will 2. durable medical power of attorney (advanced health care directive)

question

a document that describes the kind of treatments or life-sustaining treatments the person would want if seriously of terminally ill

answer

living will

question

names a health care proxy to make medical decisions if that person is no longer able to speak for himself or herself

answer

Durable medical power of attorney (Advanced health care directive)

question

DNR

answer

1. patient gives physician permission to write the order 2. there is no proxy available 3. patient doesnt have decision-making capabilities 4. may be revoked 5. do not hospitalize (DNH) may be better for some ppl

question

the physician must pronounce the patient dead before the ventilator is removed; otherwise it is considered murder

answer

removal of life systems

question

Active euthanasia

answer

1. actively end the person's life 2.initiate the dying process 3. morally wrong 4. legally not allowed 5. forbidden by professional organizations

question

Passive euthanasia

answer

1. avoid prolonging a person's life 2. allow to continue a process that causes death 3.legally allowed 4. approved by professional organizations

question

Death with dignity act

answer

1. Oregon (19970 2. Washington state (2009) 3. Montana (2009) 4. Switzerland (1941) 5. Belgium (1984) 6. Netherlands (1984)

question

Organ donation: Tissues

answer

1. Blood 2. Heart valves 3. Bone 4. Corneas 5. Skin

question

Organ donation

answer

1. Pancreas 2. lungs 3. kidneys 4. liver 5. heart

question

not about relearning death and dying, it is about being proactive by increasing conversations and actions toward the preparation for better end-of-life journeys.

answer

end of life care ( hospice) (palliative care)

question

1. a person who renders emergency care in good faith at the scene of an accident is immune from civil liability while providing the care 2. you are covered if you come upon the emergency; you are not covered if you leave the hospital specifically to render aid at the scene 3. in some states, it is voluntary for a nurse to stop at an emergency scene; others it is mandatory 4. permits aid to a minor at local events without parent consent 5.once aid is initiated, the nurse is obligated to continue until the victim can be turned over to someone with better or comparable training

answer

Good Samaritan Act

question

Defines nursing practice and establishes standards for Nurses in your state. Ignorance of your state's Nurse Practice Act is never a valid defense against any legal proceeding regarding your license.

answer

The Nurse Practice Act

question

Nursing care that can be performed safely by the LPN/LVN, based on knowledge and skills gained during the educational program. Modifications of care are unnecessary, and patient response is predictable.

answer

Basic Nursing Care

question

The patient's clinical condition is predictable. Medical and nursing orders are not changing continuously. These orders do not contain complex modifications. Patient's clinical condition requires only Basic Nursing care. The professional nurse assesses whether the situation is a Basic Patient Situation.

answer

Basic Patient Situation

question

Patient's clinical condition is not predictable. Medical orders or nursing interventions are likely to involve continuous changes or complex modifications. Nursing care expectations are beyond those learned by the LPN/LVN during the educational program. The professional nurse asseses whether the situation is a complex nursing situation.

answer

Complex Nursing Situation

question

A physicians order is given to a Registered Nurse, LPN, or an LVN by a physician, dentist or podiatrist.

answer

Delegated Medical Act

question

Supervisor is continuously present to coordinate,direct, or inspect nursing care. The Supervisor is IN The Building.

answer

Direct Supervision

question

A supervisor regularly coordinates, directs, or inspects nursing care and is within reach either in the building or by phone.

answer

General Supervision

question

Content of Nurse Practice Act

answer

1. Definition of Nursing 2. Definition of LPN/LVN 3. Use of the Title of LPN or LVN 4. Scope of Practice 5. Elements of Unprofessional conduct 6. Functions of the State Board of Nursing.

question

Functions of A State Board of Nursing

answer

aka Nurse Regulatory Boards, have committees or councils that decide whether specific activities are within the scope of LPN/LVN practice in their state.

question

Common Board of Nursing Functions

answer

Licensing and certifying nurses Setting Fees Establishing standards for educational programs Determining duration and renewal of licenses Maintaining inactive status lists? Carryin out disciplinary action for violators Developing programs for impaired nurses Suspending and revoking licenses and ealing with the appeal process.

question

Filed by against the LPN/LVN by a person, health care agency or professional organization

answer

Steps for Disciplinary Action Against Nurses-Sworn Complaint

question

Nurses who choose to work in other states. Makes it possible to work in other states without having to retake the NCLEX-PN if you meet the criteria for licensure by endorsement.

answer

Interstate Endorsements

question

Allows a nurse to have one license in his or her state of residency and practice in other states, xdepending on each state's Nurse Practice Act and legislation.

answer

Multistate licensure

question

Allows nurses who have a license in the border states of Iowa, NOrth Dakota, SOuth Dakota, or Wisconsin to practice nursing in Minnesota.

answer

Border Recognition Agreement

question

UAP. Unlicensed persons are trained to perfrom a variety of nursing tasks.

answer

Unlicensed Assistive Personnel

question

Is your guidline for good nursing care. Use 1. Nurse Pracetice Act 2. Nursing Licensure examination 3. Practical/vocational nursing programs 4. Written policies and procedures 5. Custom-open for interpretation 6. Law It is my responsibility as a nurse to know and understand all of these documents. Ignorance is not acceptable.

answer

Nursing Standard of Care

question

Health Insurance Portability and Accountability Act: 3 Basic Principles: 1. Protection of Privacy 2. Administrative Simplification (biggest oxymoron I ever saw) 3. Security Standards

answer

HIPAA

question

Main focus of HIPAA is protection of privacy. Each health facility (entity) must develop a written "Notice of Privacy" . Made available to all patients, employees, and businesses.

answer

HIPAA-Notice of Privacy Practices

question

What the Notice of Privacy Practices Addresses-Access to Medical Records

answer

Patients have a right to a copy of their medical records and to review the records on request. -facility determines under what conditions the records can be reviewed. -Good idea to have RN or physician present to translate. -SPN/SVN or LPN/LVN are not to provide the records, or any part to the patient.

question

What the Notice of Privacy Practices Adresses-Amendments to the Medical Record

answer

Patients have the right to request changes in their medical records. -All covered entities must appoint privacy officers.

question

What the Notice of Privacy Practices Addresses-Restrictions on the use of Protected Health Information

answer

Patients can restrict use of their PHI as long as the requested info does not interfere with activities related to treatment, payment or facility operation. Privacy officer makes the final decision. --Proposed rules include prohibition of the sale of PHI for use in marketing and fund raising.

question

What the Notice of Privacy Practices Addresses (9)

answer

1. Access to Medical Records 2. Amendments to the Medical Record 3. Restrictions on the use of protected health information 4. Access to an Acounting 5. Confidential Communications 6. Complaints about Violations of Policy 7. Minimum necessary Rule 8. Telephone Request for PHI.-New guidelines say if person asks for specifics about a patient, direct them to a family member. 9. Email & Faxes-See minimum info necessary.

question

What does the HIPAA not Address?

answer

1. Discarding PHI that is not meant for the patient's chart and hallway conversations -Nurse's personal notes about the patient -Hallway conversation 2. Patient Compentency 3. Patient's Right to Consent 4. General Implied Consent 5. INformed COnsent Authorized Consent 6. Patient Self Determination Act 7. Advance Directives 8. DNR 9. Removal of Life Support Systems 10 Physician Assisted Suicide & Euthanasia

question

Patient is informed about the diagnosis, procedure, expected outcome, explanation of treatment, Names & Qualification of people performing the procedure, Prognosis if treatment is not successful, Answers to questions, Explanation that the patient has the right to revoke written permission at any time. -Must be explained to patient in non medical terms! -Must be obtained for invasive procedures ordered for therapeutic or diagnostic purposes.

answer

Informed Consent

question

Given by parents for kids except up to a certain age. minor is defined by children younger than 18.

answer

Authorized Consent

question

defined as those living on their own and managing their own finances or who are married and have children. Competent to give their consent.

answer

Emancipated Minors

question

PAS. Phsycian-assisted suicide refers to a physician providing the means for death, most often with a prescription. Patient not the physician will ultimately administer the lethal medication.

answer

Physician Assisted Suicide

question

physician would act directly in administering a lethal dose . -Doctor decides what is best for the patient-dangerous path to tread.

answer

Euthanasia

question

-Actively end person's life -initiate the dying process -morally wrong-according to law -legally not allowed -forbidden by professional organizations

answer

Active Euthanasia

question

-Avoid prolonging person's life -Allow to continue a process that causes death -Morally permissible -Legally allowed -Approved by professional organizations

answer

Passive Euthanasia

question

Allows teminally ill Oregonians to end their lives through the voluntary self administration of lethal medications that are expressly prescribed by a physician for that purpose. -expressely prohibits euthanasia. -6 places in the world openly and legally authorize active assistance in dying patients. -USA: Oregon, Washington State, Montana -Switzerland -Belgium -Netherlands

answer

Oregon Death With Dignity Act

question

Voluntary. Illegal to buy or sell organs. Body tissues that can be donated: skin, corneas, bone, heart valves, and blood.

answer

Organ Donations

question

Palliative care. Person will die.

answer

End of Life Care (EOL) Principles

question

Stipulates that a person who renders emergency care in good faith at the scene of an accident is immune from civil liability for his or her action while providing the care. -All 50 states and DIstrict of Columbia have enacted the laws.

answer

Good Samaritan Act

question

Obligation to answer for personal actions

answer

Accountability

question

Written documents to state personal wishes regarding future health care. Two types: Living will and durable power of attorney for health care

answer

Advanced Directives

question

An unjustified attempt or threat to touch someone

answer

Assault

question

Parents cannot give informed consent for medical care of a child but can give authorized consent instead

answer

Authorized Consent

question

Patient's clinical condition is predictable. Medical and nursing orders are not changing continuously. No complex modifications of nursing care is needed. The patient's clinical condition requires only basic nursing care

answer

Basic Patient Situation

question

Means to cause physical harm to someone

answer

Battery

question

Agreement among select states to permit licensed nurses to practice in their states without additional criteria

answer

Border Recognition Agreement

question

One of the elements needed to prove negligence. Means that the nurse did not adhere to standards of care

answer

Breach of Duty

question

Involves a relationships between individuals and the violation of those rights. Protects the individual rights and results in payment of money to the injured person

answer

Civil Action

question

Judge-made law, which has its origins in the courts

answer

Common Law

question

Patient's clinical condition is not predictable. Medical or nursing orders are likely to involve continuous changes or complex modifications

answer

Complex Nursing Situation

question

Avoid sharing patient information with anyone not directly involved in care without the patient's permission

answer

Confidentiality

question

Involves persons and society as a whole, for example, murder

answer

Criminal Action

question

One of four elements needed to prove negligence. Patient must be able to show the nurse's negligent act injured the patient in some way.

answer

Damages

question

Damage to someone's reputation through false communication or communication without permission

answer

Defamation

question

Physician's orders given to an RN, LPN, or LVN by a physician, dentist, or podiatrist

answer

Delegated Medical Act

question

Gathering information under oath. One of the steps in bringing legal action

answer

Depositions

question

Supervisor is continuously present to coordinate, direct, or inspect nursing care. Supervisor is in building.

answer

Direct Supervision

question

Order written by physician. Patient will not recover. Patient may have signed an advance directive regarding end-of-life care that states personal wishes

answer

Do-not-resuscitate (DNR)

question

Identifies who will make decisions regarding future care, extent of treatment, and kinds of treatment if the person is unable to make his or her own decisions. Written while the person is mentally competent.

answer

Durable Medical Power of Attorney

question

One of the four elements needed to prove negligence. Refers to nurse's responsibility to provide care in an acceptable way. As used in the text, responsibilities directly related to nursing licensure and scope of practice. Usually not delegated to someone with less education and nursing skill.

answer

Duty

question

Support core principles for end-of-life care

answer

End-of-life Principles

question

Physician or other person administering lethal dose of medication to end life; illegal in the United States and Canada.

answer

Euthanasia

question

Serious offense, with a penalty that ranges from 1 year in prison to death

answer

Felony

question

By entering a health facility voluntarily, a patient gives permission for treatment with noninvasive procedures. However, a patient may revoke this consent verbally and refuse to be treated

answer

General (implied) consent

question

Supervisor regularly coordinates, directs, or inspects nursing care and is within reach either in the building or by the phone

answer

General Supervision

question

Federal Law commonly called the Privacy Act. 1. Protection of Privacy 2. Administrative Simplification (universal insurance claim form 3. Security Standards

answer

Health Insurance Portability and Accountability Act (HIPPA)

question

Obtained by physician for invasive procedures after the physician has provided patient with facts about effects, side effects, alternative treatments, prognosis, and so on. May be revoked verbally at any time up to the time of procedure

answer

Informed Consent

question

Forms of vicarious liability. Health setting sued for negligence of employee

answer

Institutional Liability

question

Intent to do a wrongful act; threat or actual physical harm

answer

Intentional Tort

question

Agreement among states that licensed nurses do not have to repeat the NCLEX-PN examination if they meet criteria for working in the state

answer

Interstate Endorsement

question

Nursing Law is based on each state's Nurse Practice Act

answer

Law

question

Legal responsibility of a person to account for wrongful acts by making financial restitution

answer

Liability

question

Damage to someone's reputation through "written" communication or pictures

answer

Libel

question

Written directive stating personal wishes regarding future health care. Not recognized as a legal document in every state or other countries

answer

Living Will

question

The legal name for professional negligence; A part of negligence that relates to lack of skill or misconduct by professional persons

answer

Malpractice (Professional Negligence)

question

Least serious infraction of the law. Can result in a fine or up to 1 year in jail

answer

Misdemeanor

question

Legislation in some states that renders a nursing license obtained in that state valid for practice in other states with multi-state legislation. Each state's individual regulations must still be followed.

answer

Multistate licensure (Nurse Licensure Compact)

question

Conduct that falls below the standard of care established by law for the protection of others against the unreasonable risk of harm

answer

Negligence

question

Governs the practice of nursing

answer

Nurse Practice Act

question

Guideline for good nursing care. Standards are based on what an ordinary, prudent nurse with similar education and nursing experience would do in a similar situation

answer

Nursing Standard of Care

question

Allows terminally ill Oregonians to end their lives through voluntary self-administration of lethal medication

answer

Oregon Death with Dignity Act

question

Relates to ability to understand and make decisions. Has both legal and clinical meaning.

answer

Patient Competency

question

Basis for advanced directives. Federal law mandates that Medicare and Medicaid patients must be told of their right to formulate advance directives

answer

Patient Self-Determination Act (PSDA)

question

Holds person (nurse) responsible for own actions

answer

Personal Liability

question

1. Duty 2. Breach of Duty 3. Damages 4. Proximate Cause

answer

Four Elements Needed to Prove Negligence

question

One of the four elements needed to prove negligence. Refers to reasonable cause-and-effect relationship between omission and commission of nursing act and harm to patient

answer

Proximate Cause

Chapter 12: Nursing and the law: What are the rules? – Flashcards

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