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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 |
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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 |
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Nurisng care that can be performed safely by the LPN, based on knowledge and skills gained during the program
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Basic Nursing Care
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- patient's clinical condition is predictable
- orders do not contain complex modifications - medical and nursing orders are not changing continuously |
Basic Patient Situation
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- 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
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An order is given to a RN or LPN by a physician or dentist
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Delegated Medical Act
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An RN gives nursing orders to another RN or LPN
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Delegated Nursing Act
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The surpervisor is present and coordinates, directs, and inspects nursing care
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Directed Supervision
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The supervisor is available by phone or is in the building and coordinates, directs, and inspects nursing care
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General Supervision
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Ethics in nursing deals with the rules of ___, what is ___, and what you ___ in a particular situation
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- conduct
- right - should do |
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____ are the "Basis of Nursing Law"
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Ethical Values
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____ has to do with the regulations that control the practice of nursing
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Law
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Is your legal guideline in nursing that states what you can and cannot do as a LPN
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Nurse Practice Act
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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 |
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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 |
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Using fake means to get a nursing license
- forging documents |
Fraud and Deceit
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Conviction of a felony
- murder Conviction for gross imortality - theft, fraud, personal misrepresentation, embezzlement |
Criminal Activity
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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
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- specific violation of nurses in their states
- unprofessional conduct: becoming personally involved w/ a patient |
Violation of the Nurse Practice Act
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Having an infraction in another state
- NPDB - NCSBNDB |
Discipline by Another Jurisdiction
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- failure to meet generally accepted standards of nursing practice
- negligence - nurse's mental disability that would interfere w/ patient safety |
Incompetence
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- 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
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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
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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 |
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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 |
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4 types of Criminal Law
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- minor offences
- traffic tickets - misdemeanors - felonies |
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4 types of Private Law
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- civil law
- common law - contract - law of torts |
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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 |
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Statutory Law:
- developed by - example |
- legeslative branch of state, federal gov, and Congress
- ex: Nurse Practice Act |
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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 |
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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 |
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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 |
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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 |
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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) |
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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 ) |
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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 |
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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 |
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Physical and Emotional Abuse:
- nurse's responsibilities - type of tort |
- nurse's are legally responsible to report abuse
- report only the facts - intentional tort |
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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 |
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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 |
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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 |
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Res Ipsa Loquitur
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"Let the evidence speak for itself"
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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 |
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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 |
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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 |
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Institutional Liability:
- definition - type of liability |
- healthcare facility provides safeguards to keep patients from harm
- vicarious liability |
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Obligation to answer for personal actions
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Accountability
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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
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Confidentiality
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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
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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 |
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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 |
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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) |
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4 characteristics of leagl competency
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- 18 years or older
- pregnant or married woman - self supporting minor - competent in the eyes of the law |
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4 characteristics of clinical competency
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- 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 |
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General (Implied) Consent:
- obtained when - obtained by whom - patient privledges |
- on admission
- by nurse or admit clerk - patient can revoke at any time |
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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 |
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Authorized Consent:
- given by whom - for whom |
- given by parents
- for their children (minors) |
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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 |
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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) |
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When a physician indirectly provdes means for death via prescriptions; the patient administers the lethal medication
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Physician Assisted Suiside (PAS)
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When a physician directly provides lethal injection to end a patient's life
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Euthanasia
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Allows terminally ill Oregonians to end their lives through voluntary self-administration of lethal medications prescribed by a physician for that purpose
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Oregon Death With Dignity Act
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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
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Good Samaratin Act
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The nurse practice act defines ___ and establishes ___ for nurses in your state
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- nursing practice
- standards of care |