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Legal issues in nursing practice
1. The Nurses and attendants staff we provide for your healthy recovery for bookings
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2. 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
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3. Figure 47-1 Overview of the sources of law.
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4. 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
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5. Tort Law
Tort civil wrong committed against a person or
person’s property
Unintentional torts
Negligence
Professional negligence
Malpractice
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6. Professional Negligence or
Malpractice
Five elements:
Duty
Breach of duty
Forseeability
Causation
Injury or harm
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7. Professional Negligence or
Malpractice, continued
Related doctrines:
Respondeat superior
Res ipsa loquitur
Statute of limitations
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9. Strategies to Prevent IncidentsMaintain client safety
Falls
Mistaken identity
Minimize risk of medication errors
Apply the Five Rights
Right drug
Right dose
Right client
Right route
Right time
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10. 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
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11. Standards of Care
Based on
Nurse Practice Act (NPA)
Administrative rules
Job descriptions
Policies and procedures
ANA
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12. 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
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13. 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
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14. 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)
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15. The Nurses and attendants staff we provide for your healthy recovery for bookings
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16. Figure 47-3 Relationship among the Nursing Practice Act, Administrative Rules, and position/advisory statements.
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17. 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®
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18. BONsResponsibilities
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.
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19. National Council of State
Boards of Nursing
Membership
Functions
Nurse Licensure Compact
Mutual recognition model
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21. 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
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22. ANA
Standards of Professional Performance
Quality of practice
Professional Practice Evaluation
Education
Collegiality
Ethics
Collaboration
Research
Resource Utilization
Leadership
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23. Professional Nursing Practice
Nurse Practice Acts
Licensure and Certification
Science and Art of Nursing practice
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24. Figure 47-4 Impact of laws and standards on the nurse.
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25. 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
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26. 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
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27. 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
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28. 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
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29. 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
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30. 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
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31. 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.
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32. Our views have increased
the mark of the 3,79,000
Thank you viewers
Looking forward for franchise,
collaboration, partners.
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33. Contact us:- 011-25464531, 9818569476
E-mail:- nursingcrusade@gmail.com
We are also available on
Justdial New Delhi.
Nursing Crusade Earlier Known
as Nursing Hi Nursing
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