About Legal Issues
Rights, responsibilities, scope of nursing practice
As defined by state nursing practice acts
Source...
Figure 47-1 Overview of the sources of law.
About Legal Issues, continued
Criminal and civil laws
Address conduct harmful to another individual or
society
May be p...
Tort Law
Tort  civil wrong committed against a person or
person’s property
Unintentional torts
Negligence
Professiona...
Professional Negligence or
Malpractice
Five elements:
Duty
Breach of duty
Forseeability
Causation
Injury or harm
Professional Negligence or
Malpractice, continued
Related doctrines:
Respondeat superior
Res ipsa loquitur
Statute of ...
Intentional Torts
Assault
Battery
False imprisonment
Invasion of privacy
Strategies to Prevent IncidentsMaintain client safety
Falls
Mistaken identity
Minimize risk of medication errors
Appl...
Strategies to Prevent Incidents,
continued
Use effective communication
Helps decrease risk of bad outcomes
Attentive li...
Standards of Care
Based on
Nurse Practice Act (NPA)
Administrative rules
Job descriptions
Policies and procedures
ANA
Selected Laws
Informed consent
Client’s legal and ethical rights to be informed of, give
permission for procedure, treat...
Selected Laws, continued
Controlled Substance Act
Federal law
Good Samaritan laws
Encourage health care providers to h...
Nurse Practice Acts
Nurse Practice Acts (NPAs)
Defines:
 Scope of practice
 Standards for education programs
 Licensu...
Figure 47-3 Relationship among the Nursing Practice Act, Administrative Rules, and position/advisory statements.
Licensure
Allows nurses legal privilege to practice nursing as
defined by NPA
Each BON oversees administration of a lice...
BONsResponsibilities
Actions against nurses found guilty
Giving false information
Nolo contendere
Conduct that endang...
National Council of State
Boards of Nursing
Membership
Functions
Nurse Licensure Compact
Mutual recognition model
NPAs
Certification
Federal organizations
Joint Commission
Centers for Medicare and Medicaid Services
Nursing students...
Standards of Nursing Practice
ANA Standards of Nursing Practice
Standards are authoritative statements by which the
nurs...
ANA
Standards of Professional Performance
Quality of practice
Professional Practice Evaluation
Education
Collegiality
...
Professional Nursing Practice
Nurse Practice Acts
Licensure and Certification
Science and Art of Nursing practice
Figure 47-4 Impact of laws and standards on the nurse.
Advance Directives
Legal document
Expresses an individual’s desires regarding medical
treatment
Patient Self-Determinat...
Elements of Advance
Directives
Surrogate decision maker authority to:
Consent to or refuse medical treatment or diagnost...
Role of Nurse
Reassure clients and families that they have option to
change their decision
Assess whether clients, famil...
Health Information and Portability and
Accountability Act
HIPAA
Purposes
Minimizes exclusion of preexisting conditions
...
Protected Health Information
Protected by Privacy Rule:
Individually identifiable health information
Information that i...
Privacy vs. Confidentiality
Privacy  right of individuals to keep their personal
information from being disclosed
Confi...
Our views have increased the
mark of the 10,000
Thank you viewers
Looking forward to franchise, collaboration, partners.
This platform has been started by
Parveen Kumar Chadha with the
vision that nobody should suffer the
way he has suffered b...
Contact us:- 011-25464531, 9818569476
E-mail:- nursingnursing@yahoo.in
Legal  issues in nursing practice
Legal  issues in nursing practice
Upcoming SlideShare
Loading in...5
×

Legal issues in nursing practice

4,375

Published on

Legal issues in nursing practice

Published in: Health & Medicine
1 Comment
12 Likes
Statistics
Notes
No Downloads
Views
Total Views
4,375
On Slideshare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
0
Comments
1
Likes
12
Embeds 0
No embeds

No notes for slide

Transcript of "Legal issues in nursing practice"

  1. 1. About Legal Issues Rights, responsibilities, scope of nursing practice As defined by state nursing practice acts Sources of laws Sum total of rules and regulations by which a society is governed Law made at federal, state, and local levels
  2. 2. Figure 47-1 Overview of the sources of law.
  3. 3. About Legal Issues, continued Criminal and civil laws Address conduct harmful to another individual or society May be punishable by fines or imprisonment Crime Act prohibited by statute, common law principles Civil law Deals with rights and duties of private persons
  4. 4. Tort Law Tort  civil wrong committed against a person or person’s property Unintentional torts Negligence Professional negligence Malpractice
  5. 5. Professional Negligence or Malpractice Five elements: Duty Breach of duty Forseeability Causation Injury or harm
  6. 6. Professional Negligence or Malpractice, continued Related doctrines: Respondeat superior Res ipsa loquitur Statute of limitations
  7. 7. Intentional Torts Assault Battery False imprisonment Invasion of privacy
  8. 8. Strategies to Prevent IncidentsMaintain client safety Falls Mistaken identity Minimize risk of medication errors Apply the Five Rights  Right drug  Right dose  Right client  Right route  Right time
  9. 9. Strategies to Prevent Incidents, continued Use effective communication Helps decrease risk of bad outcomes Attentive listening Accurate documentation and reporting Professional liability insurance Nurses should carry to manage personal financial risk
  10. 10. Standards of Care Based on Nurse Practice Act (NPA) Administrative rules Job descriptions Policies and procedures ANA
  11. 11. Selected Laws Informed consent Client’s legal and ethical rights to be informed of, give permission for procedure, treatment Client must not be coerced Client understanding essential Follow agency’s specific protocols Competency for consent Consent in an emergency Child participation in decision
  12. 12. Selected Laws, continued Controlled Substance Act Federal law Good Samaritan laws Encourage health care providers to help victims in an emergency Protects health care workers from potential liability Nurse responsible for following through with emergency care
  13. 13. Nurse Practice Acts Nurse Practice Acts (NPAs) Defines:  Scope of practice  Standards for education programs  Licensure requirements  Grounds for disciplinary actions Enforced by state boards of nursing (BON)
  14. 14. Figure 47-3 Relationship among the Nursing Practice Act, Administrative Rules, and position/advisory statements.
  15. 15. Licensure Allows nurses legal privilege to practice nursing as defined by NPA Each BON oversees administration of a licensure examination National Council of State Boards of Nursing NCLEX-RN® NCLEX-PN®
  16. 16. BONsResponsibilities Actions against nurses found guilty Giving false information Nolo contendere Conduct that endangers public health Unfit or incompetent to practice Engaging in conduct that deceives, defrauds, or harms the public 2009 NCSBN report www.NCSBN.org.
  17. 17. National Council of State Boards of Nursing Membership Functions Nurse Licensure Compact Mutual recognition model
  18. 18. NPAs Certification Federal organizations Joint Commission Centers for Medicare and Medicaid Services Nursing students Standards of Practice
  19. 19. Standards of Nursing Practice ANA Standards of Nursing Practice Standards are authoritative statements by which the nursing profession describes the responsibilities for which its practitioners are accountable. Standards reflect the values and priorities of the profession and provide direction for professional nursing practice and a framework for the evaluation of this practice. They also define the nursing profession’s accountability to the public and the outcomes for which registered nurses are responsible.  http://www.nursingworld.org/MainMenuCategories/ThePracticeofProfessionalNursing/NursingStan dards.aspx
  20. 20. ANA Standards of Professional Performance Quality of practice Professional Practice Evaluation Education Collegiality Ethics Collaboration Research Resource Utilization Leadership
  21. 21. Professional Nursing Practice Nurse Practice Acts Licensure and Certification Science and Art of Nursing practice
  22. 22. Figure 47-4 Impact of laws and standards on the nurse.
  23. 23. Advance Directives Legal document Expresses an individual’s desires regarding medical treatment Patient Self-Determination Act Types of advance directives Living will Durable power of attorney for health care
  24. 24. Elements of Advance Directives Surrogate decision maker authority to: Consent to or refuse medical treatment or diagnostic procedure Hire or discharge medical providers Authorize admission to medical and long-term care facilities Have access to all medical records Consent to comfort care, pain relief measures Any measures to carry out wishes
  25. 25. Role of Nurse Reassure clients and families that they have option to change their decision Assess whether clients, families have accurate understanding of life-sustaining measures Be supportive of clients’ decisions
  26. 26. Health Information and Portability and Accountability Act HIPAA Purposes Minimizes exclusion of preexisting conditions Designates special rights for those who lose other health coverage Eliminates medical underwriting in group plans Includes Privacy Rule
  27. 27. Protected Health Information Protected by Privacy Rule: Individually identifiable health information Information that identifies individual Access to medical records Required notice of privacy practices and opportunity for confidential communications Limits on use of medical information Prohibition of use of personal information for marketing
  28. 28. Privacy vs. Confidentiality Privacy  right of individuals to keep their personal information from being disclosed Confidentiality  the assurance client has that private information will not be disclosed without client’s consent
  29. 29. Our views have increased the mark of the 10,000 Thank you viewers Looking forward to franchise, collaboration, partners.
  30. 30. This platform has been started by Parveen Kumar Chadha with the vision that nobody should suffer the way he has suffered because of lack and improper healthcare facilities in India. We need lots of funds manpower etc. to make this vision a reality please contact us. Join us as a member for a noble cause.
  31. 31. Contact us:- 011-25464531, 9818569476 E-mail:- nursingnursing@yahoo.in

×