Law and Professional Nursing Practice

Law and Professional Nursing Practice ORDER NOW FOR CUSTOMIZED AND ORIGINAL ESSAY PAPERS ON Law and Professional Nursing Practice Nursing Role and Scope DQ 1: · Select one question as your DQ 1 · Follow the discussion questions participation and submission guidelines. Law and Professional Nursing Practice · Minimum three paragraphs per DQ · All answers or discussions comments submitted must be in APA format according to Publication Manual American Psychological Association (APA) (6th ed.) 2009 ISBN: 978-1-4338-0561-5 · Minimum of two references, not older than 2015. Note : All DQ submissions will be monitored for plagiarism. Textbook Author: Masters, K. (2020). Role development in professional nursing practice. Burlington, Massachusetts: Jones & Bartlett Learning. ISBN: 978-1-2841-5292-0 Chapter 15: Law and Professional Nursing Practice 1. What does “reasonable and prudent” mean as it relates to standards of care? 2. What measures are taken when a nurse is summoned to court for a legal action? Is a nurse more responsible than a doctor in the situation if both were involved with the patient’s care? 3. You have been asked by a charge nurse on a medical-surgical unit to discuss the importance of the legal system for nurses. What are the important aspects regarding law and nursing that you will include in your presentation? 4. What are the differences between nursing disciplinary action by a board of nursing and legal ramifications set forth by state and federal laws? 5. Are there differences in the responsibility related to informed consent for the nurse and physician? If so, what are the differences? attachment_1 Chapter 15 Law and the Professional Nurse Sources of Law • Statutory law • Administrative law (regulatory) • Case law • Enforcing the law – Civil – Criminal Civil Case Flowchart Modified from Arizona Superior Court. (n.d.). Civil case flow. Retrieved from http://www.sc.pima.gov/?tabid=180 Nursing Scope and Standards • Nursing scope of practice describes who, what, where, when, why, and how of nursing practice. • Standards of nursing practice defined as “authoritative statements of the duties of all registered nurses, regardless of role, population or specialty, are expected to perform competently.” Professional Performance Standards • Ethics • Education • Evidence-based practice and research • Quality of practice • Communication • Leadership • Collaboration • Professional practice evaluation • Resource utilization • Environmental health • Cultural congruence Standards: State Boards of Nursing • • • • • • Develop scope of practice statements for licensure. Expand scope statements for advanced practice nurses. Make decisions about new practices and procedures. Define new categories of licensure, recognition, and certification. Determine appropriateness and level of discipline. Define state accreditation of nursing educational programs. Evidence of Standards of Care Used in Court • • • • • • • • Statutes Agency regulations Accreditation standards Facility documents such as policies and procedures, job descriptions Professional nursing guidelines Manufacturers’ instructions related to medical equipment Nursing literature Expert testimony Negligence and Malpractice • Negligence is defined as the failure to act as a reasonably prudent person would have acted in a specific situation. • Malpractice is the failure of a professional to use such care as a reasonably prudent member of the profession would use under similar circumstances, which leads to harm. Elements to Prove in Successful Malpractice Case • • • • • • Duty owed to the patient Breach of the duty owed the patient Foreseeability Causation Injury or harm Damages Avoiding Malpractice and Negligence • Manage stress. • Adhere to standards of care. • Work in environments that encourage examination of incidents. • Change systems to lower the risk of malpractice. Nursing Licensure • • • • • • Registration Mandatory licensure Certification Endorsement Nurse Licensure Compact National Council of State Boards of Nursing initial licensure exam (NCLEX) The Nursing Licensure Compact Explained Video https://www.ncsbn.org/364.htm Transitioning to the Enhanced Nurse Licensure Compact (eNLC): Original Compact States https://www.ncsbn.org/10802.htm Transitioning to the Enhanced Nurse Licensure Compact (eNLC): New Compact States https://www.ncsbn.org/10799.htm State Boards of Nursing • • • • Obligation to protect safety of public Nurse Practice Acts Disciplinary actions Alternative programs Board of Nursing Complaint Process: Investigation to Resolution Video https://www.ncsbn.org/426.htm Informed Consent • A brief but complete explanation of the patient diagnosis and proposed treatment or procedure • The name and qualifications of the person who will perform the procedure or treatment • Information related to available alternatives to the recommended treatment • Information related to possible complications of the treatment or procedure • An explanation related to the patient’s right to refuse treatment without having care discontinued Standards of Informed Consent • The medical standard—what is regarded as a material risk in the medical community • What a reasonable patient would need to know • Law and Professional Nursing Practice What a particular patient needs to know Nurse’s Role in Informed Consent • Facilitating informed consent for patient care as a part of providing patientcentered care • Advocate for patient • Witness to patient signature Transparent Health?The Story of Michael Skolnik Video https://youtu.be/n83gd1piUu4 Privacy and Confidentiality • Privacy is the right of a person to be free from unwanted intrusion into the person’s personal affairs. • Confidentiality of patient information is the obligation of all healthcare providers. HIPAA (1 of 2) • Patients must be informed of their privacy rights. • Patients must be informed as to who will see their records and for what purpose. • Patients have the right to inspect and obtain a copy of their medical records. • Personal data may not be used for marketing. HIPAA (2 of 2) • Valid authorization to release health information must contain certain information, such as a copy of the signed authorization given to the patient, in understandable language, and information about how the patient may revoke this authorization. • Although information may be used for research purposes to assess outbreak of a disease, all individual identifiable data must be removed. Your New Rights Under HIPAA Video https://youtu.be/3-wV23_E4eQ HIPAA Complaint Process Reproduced from U.S. Department of Health and Human Services. (n.d.). HIPAA privacy and security rule complaint process. Retrieved from http://www.hhs.gov/ocr/privacy/hipaa/enforcement/process/index.html Five Rights of Delegation • • • • • The right task The right circumstances The right person The right direction and communication The right supervision and evaluation … Get a 10 % discount on an order above $ 100 Use the following coupon code : NURSING10