The ethico – legal aspects of iv therapy


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The ethico – legal aspects of iv therapy

  1. 1. THE ETHICO – LEGAL ASPECTS OF IV THERAPY<br />Dr Ramona Heidi C Palad<br />Dean , College of Nursing – Xavier University<br />
  2. 2. Duties & Responsibilities of IV Therapist<br />Interpret and carry out the physician’s prescriptions for IV therapy. <br />Prepare, initiate and terminate IV therapy based on physician’s written prescription.<br />Perform peripheral venipuncture (all types of needles and cannulas) EXCLUDING the insertion of subclavian and cut down catheter. <br />Determine solution and medication incompatibilities.<br />
  3. 3. Administer computed medications, chemotherapeutic drugs, flow rates of solutions, compatible blood/blood components and parenteral nutrition as prescribed by the physician.<br />Assess all adverse reactions related to IV therapy and initiate appropriate nursing interventions. <br />Establish nursing care plan related to IV Therapy.<br />
  4. 4. Adhere to established infection control practices.<br />Maintain proper care of IV equipments.<br />Document relevant data in the preparation, administration and termination of all forms of IV therapy<br />
  5. 5. LEGAL BASIS<br />IV Therapy and Legal Implications <br />R.A. 7164 – The Philippine Nursing Act of 1991 Section 28 states that in administration of IV injections, special training shall be required. <br />IV Nursing Standards of Practice developed by the ANSAP should be used.<br />
  6. 6. In giving IV injections, nurses should follow the policies of their agencies.<br />Board of Nursing Resolution No.8 Sc. 30 © Art. VII or administratively under Sc. 21 Art. III – states that any registered nurse without training and who administers IV injections to patients shall be held liable, either criminally, administratively or both. <br />
  7. 7. R.A. 9173 – The Philippine Nursing Act of 2002, Article VI Nursing (a) Provide nursing care through the utilization of the nursing process. Nursing care includes, but not limited to . . . <br />Administration of written presentation for treatment, therapies, oral, topical and parenteral medications . . . <br /> that in the practice of nursing in all settings, the nurse is duty-bound to observe the Code of Ethics for nurses and uphold the standards of safe nursing practice.<br />
  9. 9. ETHICS according to Webster Dictionary, is the study of the standards of conduct and moral judgment.<br />Therefore . . .<br />NURSING ETHICS is concerned with the principles of right conduct as they apply to the nursing profession.<br />
  10. 10. NURSES AND PEOPLE<br />Values, customs and spiritual beliefs held by individuals are to be respected.<br />Nurses hold in strict confidence personal information acquired in the process of giving care.<br />
  11. 11. NURSES AND PRACTICES<br />Nurses are accountable for their own nursing practice.<br />Nurses maintain or modify standards of practice within the reality of any given situation.<br />Nurses are advocates of the patients.<br />Nurses are aware that their actions have professional, ethical, moral and legal dimensions. <br />
  12. 12. NURSES AND CO-WORKERS<br />Nurses maintain collaborative working relationship with their co-workers and other members of the health team. <br />They recognize their capabilities and limitation in accepting responsibilities and those of their co-workers when delegating responsibilities to them.<br />
  13. 13. NURSES AND SOCIETY<br />Nurses are contributing members of society. They assume responsibilities inherent in being members and citizen / society in which they live / work.<br />Nurses recognize the need for change and initiate, participate, and support activities to meet the health and social needs of the people<br />
  14. 14. NURSES AND THE PROFESSION<br />Nurses are expected to be members of professional organization of nurses.<br />Nurses help to determine and implement desirable standards of nursing education<br />Nurses should initiate and involve themselves in structured and non-structured research activities within existing milieu.<br />Nurses should assert the implementation of labor standards and lobby for favorable legislations to improve existing socio-economic conditions of nurses. <br />
  15. 15. General Principle of Professional Conduct<br /> Professional are required not only to have an ethical commitment, a personal resolve to act ethically, but also have both ethical awareness and ethical competency<br />
  16. 16. Specific Principles of Professional Conduct<br />Service to Others<br />Integrity and Objectivity<br />Professional Competence<br />Solidarity and Teamwork<br />
  17. 17. PROFESSIONAL VALUES<br />CARING<br /> Is the focus of all attributes<br /> used to describe NURSING. It is not only the main value of NURSING but the Essence. It is not a nursing act because to care is human and to be human is caring<br />
  18. 18. 5 Cs of Caring<br />Confident<br />- Assertive<br />- Smart<br />Committed<br />- Willingness to perform her responsibility<br />Compassionate<br />- Concern<br />- Caring<br />Conscientious<br />- Honest<br />Competent<br />- Knowledgeable<br />- Effective / Efficient<br />
  19. 19. Wholistic Approach<br />Nurse Practitioner<br />I.V. Nurse Therapist<br />Quality Care<br />Ethico –legal<br />Responsibility – Accountability<br />In Varied Health Setting<br />Impact to Health Care Delivery sites<br />Industrial Setting<br /><ul><li>Company Clinics
  20. 20. Occupation Health Units</li></ul>Community Setting<br /><ul><li>Health Center
  21. 21. Rural Health units
  22. 22. Periculture Centers</li></ul>Hospital and Institutional Setting<br /><ul><li>Lying -in
  23. 23. Hospice Center
  24. 24. Cay Care Center</li></ul>Educational Setting<br /><ul><li>Colleges of Nursing Universities
  25. 25. Other Colleges and Schools</li></ul>Home Care Settings<br /><ul><li>Independent Practitioners
  26. 26. Self employed</li></li></ul><li>RELATED LAW OFFENSES<br />LEGAL ASPECTS AND THE NURSE<br />The Republic Act 9173 or the Philippine Nursing Act of 2002 is the best guide the nurse can utilize as it defines the scope of nursing practice.<br />
  27. 27. NEGLIGENCE<br /> Commission or Omission of an act, pursuant to a duty, that a reasonably prudent person in the same or similar circumstance would or would not do. <br />
  28. 28. The Doctrine of Res IpsaLoquitor<br />Three conditions are required to establish a <br />defendant’s negligence without roving specific <br />conduct:<br />That the injury was of such nature that it would not normally occur unless there was a negligent act on the part of someone;<br />That the injury was caused by an agency with in control of defendant;<br />That the plaintiff himself did not engage in any manner that would tend to bring about the injury.<br />
  29. 29. EXAMPLE:<br />A patient came in walking to the put-patient clinic for injection. Upon administering the injection to his buttocks, the patient experienced extreme pain. His legs felt weak and he was subsequently paralyzed.<br />
  30. 30. MALPRACTICE<br /> Refer to a negligent act committed in the course of professional performance<br />EXAMPLE:<br />Giving of anesthesia by a nurse or prescribing medicines<br />
  31. 31. INCOMPETENCE<br /> The lack of ability, legal qualifications or fitness to discharge the required duty.<br />EXAMPLE:<br />Although a nurse is registered, if she’s not yet an IV therapists, she is not allowed to give IV medications or do the IV insertion <br />
  32. 32. ASSAULT and BATTERY<br />ASSAULT is the imminent threat of harmful of offensive bodily contact<br />BATTERY is an intentional, un-consented touching of another person.<br />
  33. 33. It is, therefore, important that before a patient can be touched, examined, treated or subjected to medical /surgical procedures, he must have given a consent to this effect.<br />EXAMPLE:<br />If a patient refuses an injection and the nurse gives it anyway, the latter can be charged for battery.<br />
  35. 35. CIVIL ACTION<br /> A non-criminal action whereby one seeks to protect , enforce, or declare a right or address a civil wrong close to him or her. When the harm occurs, the guilty party may be required to pay damages to the injured person<br />
  36. 36. CRIMINAL ACTION<br /> An action brought by a state or federal law enforcement agency or by an official agency on behalf of an individual, to protect one’s person or property or to protect society in general. Punishment includes imprisonment, fine or both.<br />
  37. 37. DEPOSITION<br /> A discovery procedure which is an oral question and answer proceeding, under oath and recorded, wherein the attorneys seek to find out what testimony and evidence will be confronting them in a lawsuit. It is an informal proceeding with lawyers of all parties present. <br />
  38. 38. INTERROGATORY<br /> Another discovery procedure which is the written equivalent of a deposition<br />RULE OF PERSONAL LIABILITY<br /> every person is liable for his own wrongdoing. No one can bypass this rule with personal assurance.<br />
  39. 39. STATUE OF LIMITATIONS<br /> the time limit set by each state legislature in which civil or criminal action can be brought.<br />TORT<br /> a private wrong by act or omission, which can result in a civil action by the harmed person<br />
  40. 40. SUBPOENA<br /> the process or “paper command” by which the person served must appear at a certain time and give testimony to the court. It is an order under the seal of the court for which one can be held for contempt of court for ignoring the subpoena.<br />SUMMONS<br /> notification served upon defendant to appear before the court<br />
  42. 42. Points to Observe in Order to Avoid Criminal Liability<br />Be very familiar with the Philippine Nursing Law.<br />Beware of Laws that affect nursing practice.<br />At the start of employment, get a copy of your description, the agency’s rules, regulations and policies. <br />
  43. 43. Upgrade your skills and competence.<br />Accept only such responsibility that is within the scope of your employment and your job description.<br />Do not delegate your responsibility to others.<br />
  44. 44. Develop good interpersonal relationships with your co-workers, whether they be your supervisors, peers or subordinates.<br />Consult your superior for problems that may be too big for you to handle.<br />Verify Doctors prescriptions that are not clear to you or those that seem to be erroneous.<br />
  45. 45. The doctors should bee informed about the patient’s conditions.<br />Keep in mind the value and necessity of keeping complete and accurate recording.<br />Patients are entitled to an informed consent.<br />
  47. 47. Requirements to become an IV Therapist<br />Structure Criteria (not included)<br />Entrance Requirements<br /><ul><li>Level of academic preparation</li></ul>a BSN graduate, RN, with a current license from the PRC<br /><ul><li>Behavioral characteristics: Honesty, Reliability, Initiative, Flexibility and Judgment.
  48. 48. Demonstrates Communication and technical skills.</li></li></ul><li>Completion Requirement<br /><ul><li>3 days Basic IV Therapy Training Program must have successfully participated</li></ul>Renewal / Revalidation of an IV Therapy Card<br /><ul><li>The IV Therapy Card is renewable every 3 years
  49. 49. Attendance to IV related Updates equivalent to 24 CEU</li></li></ul><li>Loss of the IV Therapy Nurse Card<br /><ul><li>Presenting an affidavit of loss
  50. 50. Submitting Certificate of Training.
  51. 51. Photocopy of the official list of participant of the IV therapy training attended</li></li></ul><li>Cancellation of the IV Card<br /><ul><li>PRC license is not renewed.
  52. 52. Any violation of Nursing Law 9173.
  53. 53. IV Card is not renewed for more than 5 years.
  54. 54. Violation in the Standards of IV Therapy practice</li></li></ul><li>PROCESS CRITERIA (not included)<br /> The IV Therapy Program consists of discussions of concepts in IV therapy and demonstration of skills in access-related situations. It has a twenty – four (24 hr) didactic lecture and a practicum with the following evaluation methods<br />
  55. 55. Written examinations: pre and post tests<br />Completion of the required number of actual cases for each of the following competencies:<br />Initiating and maintaining peripheral IV infusion (3 cases)<br />Administering IV drugs (3 cases)<br />Administering and maintaining blood and blood components (2 cases).<br />The participants will be rated as follows:<br />Didactic – 50%;<br />Practicum – 50%<br />
  56. 56. REFERENCES<br />Association of Nursing Service Administration of the Philippines, Inc. (ANSAP). 2000. Nursing Standards on Intravenous Practice 7th Edition.<br />Atty. Rustico T. De Belen, BA, BSN, LLB, MSA, PhD and Donna Vivian V. De Belen, BSN, RN,CCRN, CRNA, MS Anesthesia. Nursing Law, Jurisprudence and Professional Ethics 1st EDITION.<br />Lesnik, M.J. and Anderson, B. Nursing Practice and the Law. 2nd Edition with revisions. Philadelphia: J.B. Lippincott.<br />Pallock: Torts, 14th EDITION.<br />Philippine Nursing Act of 1991, Republic Act No. 9173 Section 28 (a), (e).<br />Prescer: Torts, 3rd EDITION<br />
  57. 57. PRIMER CODE OF ETHICS THE NURSING SERVICE ADMINSTRATORS OF THE PHILIPPINES. <br />Professionals Regulation Commission, Board of Nursing Resolution No. 8.<br />Professional Regulation Commission Board of Nursing Souvenir Program Oath taking as Professionals of the Successful Examinees June 6 & 7, 2004 Nurse Licensure Examination.<br />Venzon, Lydia M. R.N., M.A., FPCHA. 2003. Professional Nursing in the Philippines 9th EDITION.<br />Webster’s New World Dictionary of the American Language. Cleveland and new York: World Publishing Co. <br />