Negligence: The nurse does not do what a reasonable, prudent nurse would do in a similar situation. Evidence of wrongdoing is presented to the nurse and board. Differentiate between practical/vocational nursing student (SPN/SVN) and instructor liability in preventing a lawsuit. • Law: Decisions that have been arrived at in similar cases brought up before a court (judge-made law). Common law is one way of establishing standards of legal conduct and is useful in settling disputes. The state boards of nursing use this information for disciplinary and licensing purposes. Nursing (CPD 1) There are few cases but those that directly affected nursing policies, nursing education and nursing practice are worth examining. Brent (2001) lists them as “fraud and deceit; criminal activity; negligence; risk to patients because of physical or mental incapacity; violation of the Nurse Practice Act or rules; disciplinary action by another board; incompetence; unethical conduct; and drug and/or alcohol use.” See Box 12-2 for the eight categories of disciplinary action. Health Insurance Portability and Accountability Act (HIPAA) Relating to the practice of professional nursing; providing for the licensing of nurses and for the revocation and suspension of such licenses, subject to appeal, and for their reinstatement; providing for … False imprisonment is keeping someone detained against his or her will. confidentiality • Administrative rules of the board of nursing. • Nursing licensure examination (NCLEX-PN® examination): Tests for minimum competence. How the law affects licensed practical nurses and licensed vocational nurses. Review the steps for bringing legal action. Nursing care expectations are beyond those learned by the LPN/LVN during the educational program. Two ideas underpin this notion of the law: It can include the use of restraints or seclusion in a room without cause and without a physician’s order. Safe, competent nursing practice is grounded in the law as written in the state nurse practice act (NPA) and its rules. Discipline by another jurisdiction: In the past, it was difficult to find out if a nurse had been disciplined in another state. 4. 2. (PRŎKS-ĭ-mĕt căws, p. 136) (KŎM-mŏn, p. 133) Nursing care means skilled or intermediate care provided by one or more of the following health care professionals: registered nurse, licensed vocational nurse, licensed practical nurse, physical therapist, occupational therapist, speech therapist, respiratory therapist, medical social worker, or registered dietitian. The NMC (2008) provides strict guidance about the nursing practitioners code of practice and the accountability that members of the profession should have towards patients in their care; it is in light of this that nursing professionals have a responsi… Addresses are available online. This injury caused the patient additional treatment time, including physical therapy, pain, suffering, and loss of time from work). This criminal act might include taking a narcotic intended for the patient’s pain relief and giving the patient another substance in its place. List the four elements needed for negligence. The scientific application of principles of care related to prevention of illness and care during illness. 5. Statutory law is law developed by the legislative branch of the state and the U.S. Congress of the federal government. A criminal action involves people and society as a whole. The number of nurses disciplined for alcohol and/or other drug abuse is increasing. Contact the board of nursing in the state in which you will be employed. Nursing is a caring profession, which has its relevance and direct impact on the life, health, and well-being of individual, families and communities. Nursing and the Law Ms Pat Staunton President Australian Nurses Federation (NSW) I I was asked to speak on this issue for two reasons I suspect. It collects disciplinary information about nurses from all state boards of nursing, and distributes it to all state boards of nursing. Discuss the content of your state’s Nurse Practice Act. (lī-ă-BĬL-ĭ-tē, p. 136) Obtain a copy of your state’s Nurse Practice Act (or occupational title act). Use of the titles licensed practical nurse and licensed vocational nurse. The service is available 24 hours a day, 7 days a week. Battery means to cause physical harm to someone. Tags: Success in PracticalVocational Nursing From Student to Leader With direct supervision, the supervisor is continuously present to coordinate, direct, or inspect nursing care. • Basic nursing care. Nursing encompasses autonomous and collaborative care of individuals of all ages, families, groups and communities, sick or well and in all settings. Negligence includes serious risk to the health, safety, or physical or mental health of a patient. See Box 12-3 for the steps of a disciplinary process. The text of the legislation for regulating nurses, midwives and nursing associates. Medical orders or nursing interventions are likely to involve continuous changes or complex modifications. The Nurse Practice Act in your state is always your final authority. This is an example of a statement from an official nursing organization, but it does not carry the weight of law. (kŏn-fĭ-dĕn-chē-ĂL-ĭ-tē, p. 139) Log In or Register to continue Remember that policies and procedures do not overrule the state’s Nurse Practice Act and educational preparation. Explain the difference between criminal and civil action. 5. (brēch, p. 136) Related Ethics in nursing deals with rules of conduct—what is right and what you should do in a particular situation. Libel and slander are included in this category and are described as follows: • Custom: An unwritten, usually acceptable way of giving nursing care. 2. All of these states are compact states. The supervisor is in the building. �THEQ=1JЍz�@y�c耲�>ڏ. 5. All of these states are compact states. Definition of jurisprudence Three main components to a law regarding nursing professions Skills Practiced. Discuss the difference between a multistate compact and a border agreement. False Imprisonment and Use of Restraints On successful completion of the examination, the graduate receives a nursing license. The NCSBN adopted the Nurse Multistate Licensure Mutual Recognition Model in 1997. The state’s duty to protect those who receive nursing care is the basis for a nursing license. The patient’s clinical condition is predictable. 7. • General supervision. Intentional torts require a specific state of mind—that is, that the nurse intended to do the wrongful act. It is nursing licensure that defines and protects the title of LPN or LVN. CRIMINAL LAW What Is a Nurse Attorney? Explain the difference between physician-assisted suicide and euthanasia. Some boards of nursing are instituting online verification of nursing licensure. The Minnesota Board of Nursing has endorsed the compact, but it has not become law because the Minnesota Nurses Association and the National Nurses United oppose it. Under common law, healthcare professionals have a duty of care towards their clients. PROFESSIONAL NURSING LAW, THE. h�bbd``b`� The legal system in both the United States and Canada originates from English common law. During a delegated medical act, a physician’s order is given to a registered nurse (RN), an LPN, or an LVN by a physician, dentist, or podiatrist. All states and provinces have examining councils that provide nursing examinations for licensure and review complaints that can lead to revocation of a license. general (implied) consent When faced with a similar situation, the practical/vocational nurse respects the patient’s belief system and notifies the supervisor for further advice or interpretation. If a question about care ever comes up in court, a lawyer will use the agency’s policy and procedure manual as one guide to expected behavior. Table 12-1 Nursing can be described as both an art and a science; a heart and a mind. A trial judge’s ruling lays down a legal principle and sets a precedent. The use of unlicensed assistive personnel (UAP) to provide patient care has grown dramatically in recent years. Sample 1 Sample 2 Sample 3 Punishment for breaking law The mutual recognition model allows a nurse to have one license in his or her state of residency and practice in other states, depending on each state’s Nurse Practice Act and legislation. Explain the difference between physician-assisted suicide and euthanasia. 9. Review the steps for bringing legal action. h��ko�8�A�?�(2�HQ` q�M�fⴙn[,�I�ʖ#�i2�~�s(���$�A�o����=�2���2�P�A#���:*�D�'�}a� Explain the difference between criminal and civil action. These orders do not contain complex modifications. (STĂ-chū-TŏR-ē, p. 133) If a question about care ever comes up in court, a lawyer will use the agency’s policy and procedure manual as one guide to expected behavior. Supervision of UAPs by the RN and the LPN/LVN charge nurse in long-term care to ensure safety of patient care is a major concern. How guilt is established 3. Specific functions of the LPN/LVN “Many states have developed Alternative to Discipline Programs for nurses with drug or alcohol dependencies that also meet certain requirements. A trial judge’s ruling lays down a legal principle and sets a precedent. This law requires all nurses to immediately report any suspected or known neglect, abuse, or exploitation of any patient (adult or minor) encountered in the professional setting. State boards of nursing can make nursing laws as long as the items in their laws do not conflict with any federal statutes. The two kinds of torts are intentional and unintentional, which are described as follows: • Intentional: An intentional tort is intended to cause harm to the patient (e.g., threat or actual physical harm). (KŎM-plĕks NŬR-sēng sĭt-u-Ā-shŭn, p. 130) The Joint Commission (TJC) malpractice (professional negligence) Compact States and the Nurse Practice Act authorized consent Guilt on the part of the nurse can be established by a preponderance (majority) of the evidence. 3. (p. 140) Differentiate between the living will and durable power of attorney. See Box 12-3 for the steps of a disciplinary process. 6. 1. Brent (2001) lists them as “fraud and deceit; criminal activity; negligence; risk to patients because of physical or mental incapacity; violation of the Nurse Practice Act or rules; disciplinary action by another board; incompetence; unethical conduct; and drug and/or alcohol use.” See Box 12-2 for the eight categories of disciplinary action. depositions Check your state’s board of nursing site to find out if this service is available. Eight general categories of disciplinary actions can be taken against nurses. Resources for the nursing standard of care are found in Box 12-4. Two recent reforms are to mandatory reporting and statutory offences through the Health Practitioner Regulation National Law and Other Legislation Amendment Act 2019 (), which was passed by the Queensland Parliament in February 2019.The amendments include revisions to the National Law mandatory … • Determining duration and renewal of licenses (some boards require continuing education credits for renewal of license) 0 damages The patient gives implied consent (permission) for certain routine treatments when entering the institution. Summarize the American Hospital Association’s publication The Patient Care Partnership: Understanding Expectations, Rights, and Responsibilities. Discuss the difference between intentional and unintentional torts. statutory law Define the nursing standard of care. Documentation, medication administration, discharge planning and management responsibilities will be among the issues raised. b. Regardless of the outcome of the criminal case, when a criminal case is completed, it is possible to be sued in a civil court. A system of law that originated in medieval England and is based on former legal decisions (precedent) and custom, not on legislation. (DOO-tē, p. 134) (dĕf- ă-MĀ-shŭn, p. 134) It is the RNs and LPNs/LVNs who stand to lose their jobs and licenses if the care provided by UAPs does not meet the standards of safety and effectiveness. While awaiting examination results, the graduate may apply for a temporary permit to practice nursing. A civil action involves a relationship between individuals and the violation of those rights. practice. Once the judge has made a decision, this decision sets the precedent for a ruling on a case with similar facts in the future. Nurse Practice Act and Rules defamation A career in nursing is challenging, while also rewarding as it involves helping sick individuals become healthy again. Healthcare cannot be delivered without laws governing practice and regulations to ensure safe patient care. It is nursing licensure that defines and protects the title of LPN or LVN. It is important as a practical/vocational nurse to understand that you must limit your work to the area of nursing defined in the state’s Nurse Practice Act. In a delegated nursing act, an RN gives nursing orders to an RN, LPN, or LVN. “I did not mean to hurt the patient” is no defense when you did not use the “Rule of 5” and gave the patient an incorrect medication, which caused injury. complex nursing situation • Delegated medical act. List the four elements needed for negligence. Compact States and the Nurse Practice Act. 8. Differentiate between common law and statutory law. Ethical values, in turn, are the basis of nursing law. Discuss the differences among general consent, informed consent, and authorized consent. institutional liability ���-\΂��;j0�� ��d��l@���q Under general supervision, a supervisor regularly coordinates, directs, or inspects nursing care and is within reach either in the building or by telephone. 2) the legal business, as in "law practice," or "the practice of the law." Incompetence: Examples include failure to meet generally accepted standards of nursing practice; negligence; and a nurse’s mental disability that would interfere with patient safety. APRN practice is typically defined by the Nurse Practice Act and governed by the Board of Nursing, but other laws and regulations may impact practice, and other boards may play a role. 9. Review the steps for bringing legal action. The Nurse Practice Act, which governs the practice of nursing, is an example of a statutory law. The issue has gone before the Minnesota Legislature in 2003, 2008, 2009, 2010, and 2011. Act of May. Describe the major focus of the Health Insurance Portability and Accountability Act. Such knowledge also will help you to protect yourself against acts and decisions that could involve you in lawsuits and criminal prosecution. Good Samaritan Act (ăd-VĂNS dĭ-RĚCT-ĭvs p. 143) Ethics in nursing deals with rules of conduct—what is right and what you should do in a particular situation. List the four elements needed for negligence. Assault and battery, false imprisonment and use of restraints, defamation that includes both libel and slander (discussed later), and physical and emotional abuse are examples of intentional torts. 1. Licensed nurses need to be aware of specific training that UAPs have had and facility job descriptions so they can safely make assignments. • Sworn complaint: Filed against the LPN/LVN by a person, health care agency, or professional organization. All states and provinces have examining councils that provide nursing examinations for licensure and review complaints that can lead to revocation of a license. Nurses at all levels and in all facets of specialization should comply with strict ethical guidelines and operates as per various governmental and regulatory statutes. Ignorance of your state’s Nurse Practice Act is never a valid defense against any legal proceeding regarding your license. Guilt on the part of the nurse needs to be established by producing proof beyond a reasonable doubt. Statutory law—formal legislative enactment. Explain the limits of nursing licensure within your state. See Box 12-1 for common board of nursing functions. The Patient Care Partnership: Understanding Expectations, Rights, and Responsibilities Assault and battery, false imprisonment and use of restraints, Treating a patient without consent is battery even if the treatment is medically beneficial. Keep in Mind State board of nursing • Licensing and certifying nurses Tort law is based on the premise that in the course of relationships with one another there is a general duty to avoid injuring one another. Functions of the board 14. Table 12-1 provides a comparison of criminal and civil law.    Keep in Mind Common law is one way of establishing standards of legal conduct and is useful in settling disputes. Differentiate between common law and statutory law. informed consent Legislative change helps keep practitioner regulation up to date. Your state’s Nurse Practice Act, discussed following, is your legal guideline in nursing. common law Examples of nursing liability Once the judge has made a decision, this decision sets the precedent for a ruling on a case with similar facts in the future. Discuss the difference between a multistate compact and a border agreement. Basic sources of law: Medical and nursing orders are not changing continuously. The graduate has an opportunity to retest at a later date for an additional fee. Accurate documentation is an important part of nursing care. You may also needThe NCLEX-PN® ExaminationThe Health Care System: Financing, Issues, and TrendsFuture Career Decisions: Choosing What Is Right for YouSpiritual Needs, Spiritual Caring, and Religious DifferencesEthics Applied to Nursing: Personal Versus Professional EthicsPersonal Health Promotion: A Role Model for PatientsCultural Uniqueness, Sensitivity, and CompetenceHealth Care Settings: Potential Job Sites Knowledge of your state’s Nurse Practice Act will be valuable to you in making nursing decisions. Use of the titles licensed practical nurse and licensed vocational nurse Statements from the NAPNES and NFLPN. Try This b. Established by federal law, it has been in operation since 1999. The Importance of Nursing Standards in Health Care Law Nursing standards are vital to the success of any care provider organization, because they establish professional expectations for nurses. These statements are useful as guides for behavior and may be used in a court of law as a point of reference. During a delegated medical act, a physician’s order is given to a registered nurse (RN), an LPN, or an LVN by a physician, dentist, or podiatrist. Fraud and deceit: Most often, fraud and deceit involve a person using fake means to get a nursing license (e.g., forging documents). The use of unlicensed assistive personnel (UAP) to provide patient care has grown dramatically in recent years. In 2003, the National Association for Practical Nurse Education and Service Inc. (NAPNES) issued a professional guideline for LPNs/LVNs titled “The LPN/LVN Fulfills the Professional Responsibilities of the Practical/Vocational Nurse” (see Appendix B). The Nurse Practice Act of each state commonly includes the following content: • Functions of the state’s board of nursing, Get Familiar with Your Scope of Practice in the State’s Nurse Practice Act. These programs promote early intervention; support the treatment and recovery, and most important, monitoring when the nurse returns to work.” Legislative amendments. State boards of nursing (sometimes called nurse regulatory boards) have committees or councils that decide whether specific activities are within the scope of LPN/LVN practice in their state. Nursing Home Law Center, LLC is not a law firm. If the patient is fully competent, is not pregnant, and has no children, the court is likely to rule for the patient even if a blood transfusion would save his or her life. Accurate documentation is an important part of nursing care. If approved to work in a compact state, the LPN/LVN must know the contents of the NPA of the compact state. An activity that is legal in one state may not be legal in another state. Assault is an unjustified attempt or threat to touch someone. (fĭ-ZĬ-shŭn ă-SĬS-tĕd SOO-ĭ-sīd, p. 144) Patient Self-Determination Act (PSDA) What does it state about the following topics? A physician might go to the court to attempt to get a court order to allow a blood transfusion for someone who opposes it on religious grounds. expiration date, and whether any board action has taken place. Nursing includes the promotion of health, prevention of illness, and the care of ill, disabled and dying people. patient competency Licensed nurses are also accountable to both their employers and their state nursing boards (see Chapter 21). (p. 130) Log In or. Basic terminology in a Nurse Practice Act remains standard in many states. The two kinds of torts are intentional and unintentional, which are described as follows: (p. 146) The essential documents from the profession serve as the foundation for legislation and regulatory policy-making that help assure the public’s safety. The Minnesota Board of Nursing has endorsed the compact, but it has not become law because the Minnesota Nurses Association and the National Nurses United oppose it. 1) n. custom or habit as shown by repeated action, as in "it is the practice in the industry to confirm orders before shipping." It is therefore important to regulate the practice of nursing to ensure that standards are maintained to achieve safe practice. National Practitioner Data Bank (NPDB). Describe the responsibilities of your state’s board of nursing (or nursing regulatory board). Definition of legislation, nursing in the Definitions.net dictionary. (NURS-ĭng STĂN-dĕrd, p. 133) All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. (NĚG-lĭ-jĕns, p. 135) 14. 16. 15. (ĭn-TĚN-shŭn-ăl tŏrts, p. 134) Assault is an unjustified attempt or threat to touch someone. Relationships between private individuals and infringements on individual rights Table 12-1 provides a comparison of criminal and civil law. Common law constantly evolves … Modifications of care are unnecessary, and patient response is predictable. This criminal act might include taking a narcotic intended for the patient’s pain relief and giving the patient another substance in its place. Explain the difference between physician-assisted suicide and euthanasia. Discuss the differences among general consent, informed consent, and authorized consent. A criminal action is classified as follows: • Misdemeanor: A misdemeanor is the least serious charge and can result in a fine or prison sentence of no more than 1 year. Note: Australian legislation relating to negligence is mostly aligned, however, small differences do exist between States and Territories. Civil Law. Obtain and read the Nurse Practice Act of a compact state by contacting that state’s board of nursing. • Finding of guilty of misconduct: The board may issue a public or private reprimand, such as: • If nurse is involved in alcohol or drug abuse, a diversion program may be an alternative. Civil law systems, which trace their roots to ancient Rome, are governed by doctrines developed and compiled by legal scholars. Defamation means damage to someone’s reputation through false communication or communication without their permission. (rĭ-SŬS-ĭ-tāt, p. 144) • Slander is defamation by verbalizing untrue or private information (gossip) to a third party. • Custom: An unwritten, usually acceptable way of giving nursing care. Chemical restraint (with medication) is defined as administering a PRN medication with a sedating side effect every 4 hours to keep the patient tired and in his or her room. However, it is not mandatory for the disciplining authority to notify a data bank. It is the RNs and LPNs/LVNs who stand to lose their jobs and licenses if the care provided by UAPs does not meet the standards of safety and effectiveness. Statutory law—formal legislative enactment. B.American Nurses Association: “The practice of nursing means the performance for compensation of professional … This branch of civil law deals with torts or civil wrongs and personal injuries, which resulted from the actions of another person or an entity, such as a nursing home. (JĚN-ĕr-ăl soo-pŭr-VĬ-shŭn, p. 130) direct supervision (dĭ-RĚCT soo-pŭr-VĬ-shŭn, p. 130) Only gold members can continue reading. (dĕp-ō-ZĬSH-ŏn, p. 137) 7. The verification system enables potential employers to call and obtain a nurse’s license number, registration expiration date, and whether any board action has taken place. (LĪ-bĕl, p. 135) Definition of Nursing. Informed consent and a patient’s right to refuse treatment are examples of common law. Nursing is a profession within the health care sector focused on the care of individuals, families, and communities so they may attain, maintain, or recover optimal health and quality of life. The mutual recognition model is not the same as Minnesota’s border recognition agreement (effective January 1, 2003), which allows nurses who have a license in the border states of Iowa, North Dakota, South Dakota, or Wisconsin to practice nursing in Minnesota. Established by federal law, it has been in operation since 1999. Guilt on the part of the nurse needs to be established by producing proof beyond a reasonable doubt. 12. (p. 130) A civil action protects individual rights and results in payment of money to the injured person (e.g., a back injury was sustained during a fall because spilled urine was not wiped up. Libel and slander are included in this category and are described as follows: • Libel is defamation through written communication or pictures. Find out more below. However, it is not mandatory for the disciplining authority to notify a data bank. • If nurse is involved in alcohol or drug abuse, a diversion program may be an alternative.   Criminal versus civil action 16. Obtain and read the Nurse Practice Act of a compact state by contacting that state’s board of nursing. 11. 255 0 obj <>/Filter/FlateDecode/ID[<8892FBFE90FD284CA907129DCF91B17D>]/Index[232 46]/Info 231 0 R/Length 107/Prev 528561/Root 233 0 R/Size 278/Type/XRef/W[1 2 1]>>stream 17. 12. Now there are two national data banks that make it easier to track disciplinary action of LPNs/LVNs in other states.
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