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64 Cards in this Set

  • Front
  • Back
6 factors of the Nurse Practice Act:
- main function
- definition of nursing
- definition of LPN
- use of LPN title
- scope of practice
- elements of unprofessional conduct
- functions of the state's board of nursing

- to protect the public
Nurse Practice Acts:
- What is never a valid defense against any legal proceding regarding your license?
- Is the legal guideline in nursing and is always your final ___
- Ignorance of the Nurse Practice Acts
- authority
Nurisng care that can be performed safely by the LPN, based on knowledge and skills gained during the program
Basic Nursing Care
- patient's clinical condition is predictable
- orders do not contain complex modifications
- medical and nursing orders are not changing continuously
Basic Patient Situation
- patient's clinical condition is not predictable
- medical or nursing orders are likely to involve continuous changes or complex modifications
- nursing care expectations are beyond those learned by LPN during the educational program.
Complex Nursing Care
An order is given to a RN or LPN by a physician or dentist
Delegated Medical Act
An RN gives nursing orders to another RN or LPN
Delegated Nursing Act
The surpervisor is present and coordinates, directs, and inspects nursing care
Directed Supervision
The supervisor is available by phone or is in the building and coordinates, directs, and inspects nursing care
General Supervision
Ethics in nursing deals with the rules of ___, what is ___, and what you ___ in a particular situation
- conduct
- right
- should do
____ are the "Basis of Nursing Law"
Ethical Values
____ has to do with the regulations that control the practice of nursing
Law
Is your legal guideline in nursing that states what you can and cannot do as a LPN
Nurse Practice Act
LSBPNE:
- goal is to ____ by first doing ____
- defines what?
- to protect the public - do no harm
- the scope of practice for LPN's in the sate of LA
1st Sworn Complaint:
2nd Reviewed Complaint:
- 1st: filed against the LPN by a person, health care facility, or organization
- 2nd: LPN receives a notice of hearing before the state board of nursing, nurse's attorney, and witnesses
-board makes a decision based on findings
Using fake means to get a nursing license
- forging documents
Fraud and Deceit
Conviction of a felony
- murder
Conviction for gross imortality
- theft, fraud, personal misrepresentation, embezzlement
Criminal Activity
Not doing what a reasonable, prudent nurse would do in a similar situation
- serious risk to health, safety, physical/mental health of patient
- patient injury
Negligence
- specific violation of nurses in their states
- unprofessional conduct: becoming personally involved w/ a patient
Violation of the Nurse Practice Act
Having an infraction in another state
- NPDB
- NCSBNDB
Discipline by Another Jurisdiction
- failure to meet generally accepted standards of nursing practice
- negligence
- nurse's mental disability that would interfere w/ patient safety
Incompetence
- breach of nurse-patient confidentiality
- refusal of care b/c of race, creed, color, national origin, disease, sexual orientation
- violation of the LPN ethical code
- failure to maintain nursing competence
Unethical Conduct
diversion of drugs for personal use which threatens patient safety
- steal and sell diverted substances and equiptment (ie syringes and IV tubing)
- falsify patient records
- deprive patients of their medications
Alcohol or Drug Abuse
Nursing Standard of Care
- is your guideline for ___ and has important ___
- is based on what a ___
- includes the ___ for each nurse
- good nursing care , legal implications
- prudent nurse would do in a similar situation who has a similar education
Public Law:
- based on ___ and ___
Administrative Law:
- federal
- state
- local
Public: - constituation of US
- constituation of state
Admin: - federal: OSHA
- state: Nursing Board
- local: The Joint Commission (TJC); licenses and inspections
4 types of Criminal Law
- minor offences
- traffic tickets
- misdemeanors
- felonies
4 types of Private Law
- civil law
- common law
- contract
- law of torts
Common Law:
- know as
- purpose
- examples
- judge made laws
- way of establishing standards of legal conduct and useful in settling legal disputes
- ex: informed consent and patient's right to refuse treatment
Statutory Law:
- developed by
- example
- legeslative branch of state, federal gov, and Congress
- ex: Nurse Practice Act
Criminal Action:
- involves who
- involves relationships w/
- 2 types
- guilt must be established by
- people and soceity as a whole
- relationships b/t people and government
- misdemeanor and felony
- guilt must be proven by proof beyond a reasonable doubt
Misdemeanor:
- type of charge
- sentence/jail time
- example
- less serious charge
- result in a fine or prison for no more than 1 year
- ex: taking a narcotic intended for a patient's pain relief and giving them another substance
Felony:
- type of charge
- sentence/jail time
- examples
- serious offense
- result in prison for more than 1 year or death
- ex: - injecting a patient w/ a lethal drug to induce or hasten death
- removing a patient's life support before the patient has been announced dead by the physician
Civil Action:
- protects who
- results in
- involves relationship w/
- example
- individual rights
- payment of money to injured
- b/t individuals and their violation of rights
- ex: back injury sustained during a fall b/c spilled urine was not wiped up
Torts:
- definition
- 2 types
- examples
- is a civil wrong
- Intentional Tort: intended to cause harm to the patient
- ex: threat (assult) or actual physical harm (battery)
- Unintentional Tort: did not mean to cause harm, but action resulted in harm
- ex: malpractice (professional negligence) and negligence (poor conduct)
Assult and Battery:
- definition
- type of tort
- example
- Assult: an unjustified threat or attempt to touch someone w/o permission
- Battery: to cause physical harm to someone
- intentional tort
- ex: forcing a patient to take medication ( battery )
False Imprisonment:
- definition
- 4 types
- type of tort
- keeping a patient against his will
- physical restraint (rope, bands, handcuffs), chemical restraint (medication), verbal restraint (verbal threat of physical harm), seclusion ( solitary confinement; w/o cause and w/o physician's order)
- intentional tort
Defamation:
- definition
- 2 types
- type of tort
- damage to someone's reputation through false comm. or comm. w/ o permission
- Libel: through written comm. or pictures
- Slander: (gossip) verbalizing untrue or private info to a thrid party
- intentional tort
Physical and Emotional Abuse:
- nurse's responsibilities
- type of tort
- nurse's are legally responsible to report abuse
- report only the facts
- intentional tort
Negligence:
- definition
- type of tort
- examples
- conduct that falls below the standards established by law for the protection of others against unreasonable risk or harm
- unintentional tort
- ex: - did not give patient medicine as ordered and their condition worsened
- did not clean patient's wound and it got infected and caused damage
Malpractice:
- definition
- based on ___ not ___
- type of tort
- examples
- professional negligence
- the overall issue is conduct not intent
- unintentional tort
ex: - medication/treatment errors
- defective equiptment
- infections caused by poor care
4 elements needed to prove negligence:
- definition
- Duty: responsibility to provide acceptable care
- Breach of Duty: not adhering to standard of care
- Damages: patience's evidence showing nurse's negligence caused injury
- Proximate Cause: reasonable cause and effect relationship by omission or comission of the act performed by the nurse
Res Ipsa Loquitur
"Let the evidence speak for itself"
Liability:
- definition
- 2 types
- examples
- legal obligation of a person to make good (rectify) for the loss of or damage to something
- Personal: we are responsible for our own behavior (negligent behavior)
- Vicarious: the responsibility of another's actions b/c of a special relationship among them
- "Respondent Superior": let the master speak
Legal Relationships b/t:
- employer
- employee
- respondent superior
- health care agencies
- direct and control performance of work
- accepts wages and provides services
- employer assumes legal responsibilities for employee's acts
- policy and procedure books to protect themselves and employees
Vicarious Liability:
- 2 doctrines
- Borrowed Servant Doctrine: master-servant relationship b/t employer and employee; employer is better able to pay for injuries sustained by patients
- Captain of the Ship Doctrine: in the OR the nurse becomes a temporary employee of the physician who takes responsibility for that nurse
Institutional Liability:
- definition
- type of liability
- healthcare facility provides safeguards to keep patients from harm
- vicarious liability
Obligation to answer for personal actions
Accountability
In health care refers to the non-disclosure of information regarding patients; not sharing patient info w/ anyone not directly involved in care without the patient's permission
Confidentiality
The right to be left alone and free from intrusion
- includes:right to choose care based on personal beliefs, feelings or attitudes
- right to govern bodily integrity
- right to when and how sensitive info is shared
Privacy
Patient Information That Must Be Revealed:
- communicable diseases
- vaccine related adverse reactions
- criminal acts
- eqpt. related injuries
- clear and present danger
- abuse and neglect
- incompetence
- (AIDS, HIV, Syphillis) to health depts or CDC
- DHH
- rape, GSW, stabbing, high BAL
- by use of medical devices resulting in injury or death
- HIPAA laws (professional misconduct)
- report to supervisor who then reports to police or social services
- as defined by state laws or facilities policies
The Patient Care Partnership: Understanding Expectations, Rights, and Responsibilities
- formally known as
- developed in 1992 by
- purpose
- "The Patient's Bill of Rights"
- American Hospital Association (AHA)
- an ethical document given to patients when admitted into hospitals or clinics to guarantee their rights
HIPPA:
- date it took effect
- purpose
- April 14, 2003
- privacy rules that limited disclosure of patient's protected health information, to ensure privacy and confidentiality (gives patients rights over their health info)
4 characteristics of leagl competency
- 18 years or older
- pregnant or married woman
- self supporting minor
- competent in the eyes of the law
4 characteristics of clinical competency
- identify the problem for which they are seeing the physician
- understand the options for care and possible consequences
- make a decision
- provide sound reasoning for chosen decision or option
General (Implied) Consent:
- obtained when
- obtained by whom
- patient privledges
- on admission
- by nurse or admit clerk
- patient can revoke at any time
Informed Consent:
- obtained for purpose
- obtained by whom
- patient privledges
- invasive procedures, therapeutic/diagnostic purpose
- by physician (never by LPN) who must explain implications and complications
- patient can revoke at any time
Authorized Consent:
- given by whom
- for whom
- given by parents
- for their children (minors)
Patient Self Determination Act (PSDA)
- purpose
- on admission
- facilities that receive Medicare and Medicaid funds must inform patients of their rights to execute "Advance Directives"
- asked if they have or would like to make "Living Will" or "Durable Power of Attorney"
- right to refuse or accept medical care
Advance Directives:
- Living Will
- Durable Medical Power of Attorney (DPOA)
- Do Not Resuscitate (DNR)
- living will: legal document stating the person's wishes for end of life care when there is no hope for recovery
- DPOA: legal document naming a health care proxy to make medical decisions on behalf od the person who is no longer able to speak for himself
- DNR: provides legal permission for a physician to write a DNR order (No Code Order)
When a physician indirectly provdes means for death via prescriptions; the patient administers the lethal medication
Physician Assisted Suiside (PAS)
When a physician directly provides lethal injection to end a patient's life
Euthanasia
Allows terminally ill Oregonians to end their lives through voluntary self-administration of lethal medications prescribed by a physician for that purpose
Oregon Death With Dignity Act
Stipulates that a person who renders "emergency care" in good faith at the scene of an accident is immune to civil liability for his actions while providing care
Good Samaratin Act
The nurse practice act defines ___ and establishes ___ for nurses in your state
- nursing practice
- standards of care