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31 Cards in this Set

  • Front
  • Back
What is the difference between law and ethics?
a. Ethics is the system of beliefs about what is right or wrong, good or
bad in human conduct. It guides us to make decisions about moral
conduct.

b. Law is the system of manmade rules and regulations by which a society
is governed and through which people can live together. Laws are
designed to promote or protect members of society.
What are the sources of law affecting nursing practice?
Statutory law
Administrative law
Judicial law (case law)
Statutory law
Enacted law such as federal and state constitutions.
These establish the profession of nursing and give authority for
administrative functions to the state boards of nursing.
Administrative law
The rules and regulations detailing how nursing is
practiced in each state. I.e. the Texas Nurse Practice Act is
overseen by the Texas Board of Nursing.
Case law
Accumulated judicial decisions have created
a body of law that provides a foundation for future decisions.
What are the sources for standards of ethical nursing?
ANA Code of Ethics (for the USA)
ICN Code of Ethics for Nurses (international scope)
What are the primary values in both ethical codes for nursing?
a. Respect for human dignity

b. Nurses primary commitment to the patient

c. Nurses protection of a patient’s rights – safety, privacy, respect

d. Nurses have a responsibility to maintain competence, integrity, safety,
and continuing learning
List in order the steps of ethical decision making.
a. Identify the ethical dilemma. Is it a legal or ethical issue? Or maybe
a problem with communication.

b. Gather relevant data.

c. Examine the dilemma for ethical principles. What good can be
accomplished (beneficence)? Whose interests are being served
(justice)? What are the expectations from caregivers (fidelity)?

d. Examine all solutions.

e. Choose solutions. Make sure they are consistent with ethical
principles.

f. Evaluate the solutions chosen. Was the ethical problem resolved?
ethical principles:
Autonomy
A person’s right to make individual choices. Self –
determination.
ethical principles:
Beneficence
The promotion of good. The performance of actions
that will benefit others.
ethical principles:
Confidentiality
Maintaining another’s privacy by safeguarding
information that is entrusted to you.
ethical principles:
Nonmaleficence
To do no harm.
ethical principles:
Fidelity
Honoring agreements and keeping promises
ethical principles:
Justice
Moral rightness, fairness, or equity. Fair and equal
treatment of all clients.
ethical principles:
Veracity
Adhering to the truth. Honesty
What is the difference between the state Board of Nursing (BON) and
other professional nursing organizations?
BON has legal authority to regulate licensure and practice of nursing via the
Nurse Practice Act. The Standards of Nursing Practice in the Nurse
Practice Act (Rule 217.11) are broad and meant to apply to nurses in any
setting.

Professional Nursing Organizations (ANA, etc) establish standards of
practice that give more specific guidance that might be found in the law.
These are recommendations and may be used to evaluate care in a
courtroom. But they are not the law.
What is the purpose of the Nurse Practice Act?
a. It creates the state Board of Nursing.

b. It defines the practice of nursing.

c. It establishes the requirements for obtaining a license.

d. It outlines the relationship of a professional nurse to other health
care providers
Why does nursing practice vary from state to state?
Because each state has a separate Nurse Practice Act.
Where can you find a list of tasks that LVNs and RNs can or
cannot do in the state of Texas?
• There is no such list. The Nurse Practice Act is written broadly so
that it can be applied to nursing in any setting. Nurses are expected
to use good professional judgment in accepting any assignment or
performing a procedure. The Standards of Nursing Practice provide
general guidance (Rule 217.11)

• Two standards that apply to most situations include:
o (1)(B) “…maintain a safe environment….”
o (1)(T) “accepting appropriate assignments…”
What Standards of Practice apply to nursing students?
The same standards that apply to licensed nurses.
How many hours of continuing education are required to maintain
your nursing license?
20 hours every 2 years
What is the difference between malpractice and negligence?
a. Negligence: An act of omission or commission by a layperson that
leads to harm/injury. Failure to use care that a reasonable layperson
would use in a similar situation.

b. Malpractice: an act of negligence by a professional person as
compared with another professional person in similar circumstances.
What are the elements of liability?
Nurses can be held liable for negligence or malpractice. To prove liability,
four elements must be proven.

• Duty: the obligation of the nurse to give the same care that a
reasonably prudent nurse would give.

• Breach of Duty: the failure to meet the standard of care

• Causation: Failure to meet the standard of care results in harm to
the client.

• Damages: An actual injury or harm suffered by the client.
What actions should you take when your patient has an accidental
injury, such as a fall?
Notify your instructor and the RN in charge of the patient. Complete an
incident report at the facility. Include all pertinent facts. The report is
not a part of the medical record, and should not be referenced in the
medical record.
Value clarification
1. incorporating value begins/making a choice

2. valuing choice or intrapersonal affirmation

3. behavioral affirmation
ethics
branch of philosophy that examines behavior to determine good vs. bad
values
beliefs chosen by person or group, learned
morals
standards of conduct in behavior put forward by all rational persons
mission of state BON
Protect and promote welfare of people of Texas by ensuring each person holding a license as a nurse in Texas is competent to practice safely
factors which impact formation of values
home
community
family
clergy
culture
ethnicity
6 items legally required to document
- client status: signs & symptoms
- nursing care rendered
- physician/dentist/
podiatrist orders
- adminsitration of medications & treatments
- client's responses
- contacts w/ other health team members concerning significant events, re: client status