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43 Cards in this Set
- Front
- Back
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The legal guidelines for nursing practice that describes the minimum acceptable nursing care |
Standards of care |
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Prevent harm to society and provide punishment for crimes |
Criminal laws |
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Crime of serious nature that has penalty for |
Felony |
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Protect the rights of individual persons within our society and encourage fair and equitable treatment |
Civil laws |
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Describe and defines the legal boundaries of nursing practice within each state |
Nurse Practice acts |
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Judicial decisions made in courts when individual legal cases are decided |
Common law |
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Less serious crime, imprisonment less than 1 year |
Misdemeanor |
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Reflects decisions made by administrative bodies |
Regulatory law |
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Requires insurance companies to offer the same level of coverage for mental health care as they provide for medical/surgical care |
Mental health parity Act |
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Equal opportunity for all disabilities |
Americans with disabilites act |
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Can't be transferred without proper screening/stabilization or is a woman is in labor |
Emergency medical treatment and active labor act (EMTALA) |
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Affordable health care, no pre-existing conditions, insurance up to age 26 |
Patient protection and accountable care act (ACO, PPACA) |
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Patients have right to make decisions, refuse treatment, and formulate advance directives |
Patient self-determination act |
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Allows patient to say what they want/don't want when terminally ill or in vegetative state |
Living wills |
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Document that designates a person to make health care decisions when they are no longer able to make decisions on own behalf |
Durable POA for health care (DPAHC) or Health care proxy |
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Anyone 18+ has right to make organ donation |
Uniform anatomical gift act |
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Protects employees from losing insurance, right to privacy |
Health Insurance portability and accountability act (HIPAA) |
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Ensures personal health info is not conveyed on social media |
Health information Technology act (HITECH) |
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Joint commission's specific guidelines for the use of restrainst: |
-Only to ensure patient safety or other patient's safety -When less restrictive interventions are not successful -From written order of health care providor |
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All states use NCLEX, permits people to offer special skills, legal guidelines for protection of public |
Licensure |
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Limits liability and offers legal immunity if a nurse helps at scene of accident, only protects within scope of practice |
Good Samaritan Law |
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Requirements for reporting communicable diseases, reporting suspected abuse, immunization requirements |
Public health laws |
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Two standards to declare dead |
Uniform determination of death act |
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What are the two Uniform determination of death act standards to declare death? |
Cardiopulmonary- irreversible cessation of circulation/respiratory function Whole brain- Irreversible brain function, including brain stem |
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Person's agreement to allow something to happen based on disclosure of risks, benefits, and alternatives |
Informed consent |
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Referred to as professional negligence, below the standards of care |
malpractice |
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When one person speaks falsely about another person |
slander |
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Civil wrong made against a person or property |
Torts |
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Any intentional touching without consent |
Battery |
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Written defamation of character |
Libel |
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Any intentional threat to bring about harmful or offensive contact |
Assault |
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Unjustified restraining of a person without a legal warrant |
False imprisonment |
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The release of a patient's medical information to an unauthorized person |
Invasion of privacy |
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Conduct that falls below the standard of care |
Negligence |
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Identify possible risks, analyze, act to reduce, evaluate steps taken to reduce |
Risk management |
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Provides database for further investigation to determine deviations from standard care |
Occurence (incident) report |
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The scope of practice is legally defined by: |
State Nurse Practice Acts |
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Nurse Practice acts fall under which law? |
Statutatory law |
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EMTALA, ADA, PSDA, Reporting statutes fall under? |
Federal |
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Patient's right to refuse treatment, informed consent, negligence andmalpractice fall under which law? |
Common law |
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Unintentional torts: |
Negligence and malpractice |
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Right to die falls under? |
Judiciary |
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Unexpected occurrence involving death, or serious physical or physiological injury, or the risk thereof |
Sentinel event |
