39 Questions
What type of law defines criminal actions such as murder, criminal negligence, and theft?
Statutory law
Which legislative body enacts federal statutory laws in the United States?
Congress
What is the main purpose of Nurse Practice Acts?
Regulating nursing practice
Which of the following is an example of a statutory law affecting nurses?
Good Samaritan Act
Who develops specific rules and regulations that guide the implementation of statutory laws?
Executive officers in administrative agencies
Which type of law involves rules and regulations adopted by administrative facilities/agencies?
Administrative law
What is the purpose of the Good Samaritan Act?
Protecting healthcare providers during emergencies
Which legislative body enacts state statutory laws in the United States?
State Legislature
What are some characteristics of high-quality documentation in nursing?
Specific, concise, clear
In the context of disclosure, what information should be provided to the patient or surrogate?
Nature of the procedure, risks, benefits, alternatives, and no guaranteed outcomes
What demonstrates competence in a patient for giving informed consent?
Consistent reasoning based on values and clear communication of preferences
Which statement best describes the concept of Competence in the context of informed consent?
Patients need to understand information for decision-making and communicate preferences
What is NOT a characteristic of high-quality nursing documentation?
Ambiguous
In the context of disclosure to patients or surrogates, what is NOT a required piece of information?
Benefits only
'VSS skin warm and dry.LSCTA.Bowel Sounds PAL.Ambulated.' is an example of what type of documentation?
High-quality and specific
'Pt.oob to chair, refused to go back to bed, unsteady.MD aware, Charge Nurse aware.' - What aspect of high-quality documentation does this exhibit?
'Refused to go back to bed' - a clear event
What legal concept derives from court decisions and allows judges to apply the same rules and principles from similar cases?
Stare decisis
Which organization defines important terms and activities in nursing, as well as the scope of practice and responsibilities of RNs?
California Nurse Practice Act
What type of law deals with violations that are punishable by the state or federal government?
Criminal law
Which of the following is NOT an intentional tort related to nursing?
Malpractice
In nursing, what is defined as 'an attempt or threat to touch another person unjustifiably'?
Assault
'Communication that is false and results in injury to a person's reputation' refers to which intentional tort?
Defamation of character
'A direct wrong of a personal nature' describes which intentional tort?
Invasion of privacy
Which legal safeguard for nursing practice involves maintaining professional competence through continuing education units every 2 years?
BRN Credentialing
What is the primary focus when assessing voluntariness in the context of informed consent?
Avoiding manipulative influences
What is the main focus of the Clients' Bill of Rights mentioned in the text?
Empowering clients to consent or decline services
In the context of informed consent, what action should a nurse take if concerned about a client's competency to give consent?
Seek guidance from the supervisor
What is the purpose of a 'Do Not Resuscitate' (DNR) order as described in the text?
To provide a dignified death and comfortable measures
What type of consent is demonstrated when a client sits up to take medication without verbal agreement?
Implied consent
What is the role of a client advocate in the context mentioned in the text?
Informing clients about all risks up to and including death
In what scenario would a client have the right to leave even if it may be detrimental to their health?
Active tuberculosis patients or public health threats
Which group is viewed as unable to provide consent due to impaired judgment or unconsciousness?
Mentally ill patients
In the context of informed consent, what is the nurse's role regarding a client's need for further clarifications?
Notify the provider
What is the primary goal behind implementing a 'Do Not Resuscitate' (DNR) order?
To provide a dignified death for the patient
Which exception allows some minors to provide their own consent for medical procedures?
Living independently (emancipated)
What is one responsibility discussed in the Nurse Practice Act according to the text?
Managing individualized care for clients effectively
What does implied consent imply in life-threatening medical emergencies?
Treatment can proceed without explicit consent
What does HIPAA stand for in the context mentioned in the text?
Health Insurance Portability and Accountability Act
Which right does a client have in terms of an advance directive?
Right to information on diagnosis, treatment, and prognosis
Study Notes
Sources of Law
- Constitution
- Legislation (Statutory Law)
- Nurse Practice Acts
- Administrative Law
- Common Law (Stare decisis)
Statutory Law
- Laws enacted by legislative bodies (Federal and State)
- Affects nurses through Nurse Practice Act, Good Samaritan Act, Child & Adult abuse laws, Living wills, and Sexual harassment laws
Administrative Law
- Rules and regulations adopted by administrative facilities/agencies
- Examples: BRN (Board of Registered Nursing) and State Boards of Health
Documentation
- Characteristics: Specific, concise, clear, complete, timely, sequential, and legible
- Examples: Pt states, Pt ambulated, Pt OOB by self, etc.
Informed Consent
- Disclosure: Patient/surrogate informed of nature of procedure, risks, benefits, and alternatives
- Comprehension: Patient/surrogate can correctly repeat in their own words
- Competence: Patient understands and can make informed decisions
- Voluntariness: Patient is voluntarily consenting or refusing
Legal Controls for Nursing Practice
- State Nursing Boards at the state level
- City boards of health at the municipality level
- Nurse Practice Act: regulates practice and licensure of nursing, protects the public, and enforces rules and regulations concerning the nursing profession
- Voluntary Controls: National League for Nursing, Joint Commission, National Patient Safety Goals
Crimes and Torts
- Crimes: Violations punishable by the State or Federal government
- Torts: Violations subject to prosecution in civil court with damages settled by money
- Examples of criminal actions: Homicide, manslaughter, theft, arson, active euthanasia, and sexual assault
Intentional Torts
- Assault and battery
- Defamation of character (Libel/Slander)
- Invasion of privacy
- False imprisonment
- Fraud
Unintentional Torts (Malpractice)
- Negligence by healthcare providers/professionals
- Failure to act as a reasonably prudent person
Liability
- The quality or state of being legally responsible for one's obligations and actions
- Nurse's obligation: Prevent harm or injury to clients, maintain standards of care
- Four elements of liability: Duty, Breach, Causation, and Damages
Test your knowledge on legal aspects relevant to nursing practice, including contracts, property ownership, and criminal actions such as murder and theft. Explore sources of law such as the Constitution, Legislation, and Nurse Practice Acts.
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