Legal Foundations
Why is it important for nurses to understand laws governing nursing practice?
To protect clients’ rights and reduce nursing liability
Which federal law protects the privacy and security of health information?
Health Insurance Portability and Accountability Act (HIPAA)
What type of tort occurs when a nurse fails to implement fall precautions?
Negligence
What legal process allows a client to give written permission for a procedure?
Informed consent
What document expresses a client’s wishes for end-of-life care?
Living will
Nurses are accountable for practicing within what boundaries to avoid liability?
The law and scope of practice
Which state entity has the authority to issue and revoke nursing licenses?
State board of nursing
What type of professional negligence involves a medication calculation error causing harm?
Malpractice
For most routine nursing care, what type of consent is adequate?
Implied consent
Which act requires asking clients about advance directives on admission?
Patient Self-Determination Act (PSDA)
What laws protect nurses who provide emergency care outside the workplace?
Good Samaritan laws
Which type of law involves crimes against society, such as falsifying records?
Criminal law
Threatening to insert an NG tube into a client refusing to eat is an example of what tort?
Assault
What is the nurse’s primary role in the informed consent process?
Witnessing the client’s signature and ensuring understanding
What document allows a designated person to make health decisions if the client cannot?
Durable power of attorney for health care
What should a nurse do if assigned care beyond their scope or competence?
Refuse the assignment and use the chain of command
Which civil law addresses wrongs committed against individuals in health care?
Tort law
Which tort involves restraining a competent client against their will?
False imprisonment
Who is responsible for explaining the risks, benefits, and alternatives of a procedure?
The provider
What must the nurse do when a client refuses treatment or leaves AMA?
Notify the provider, explain risks, obtain signature, and document
What standards guide nursing practice and define expected levels of care?
Standards of care
What licensure model allows nurses to practice in multiple states with one license?
Nurse Licensure Compact
What five elements must be proven to establish negligence?
Duty, breach of duty, foreseeability, causation, and harm
Who may legally give informed consent for another person?
Parent of a minor, legal guardian, court-appointed representative, or health care proxy
What must the nurse do to support advance directives?
Provide information, document status, ensure accuracy, and inform the care team