3 sources of nursing laws?
-statutory law
-regulatory law
-common law
What is a Nurse Practice Act?
universal guideline used to ensure nurses provide safe and effective patient care
Is Florida included in the compact licensure?
-Yes
What does it mean when a healthcare provider fails to meet the standard of care expected resulting in harm to a patient?
-Negligence
Examples of Intentional torts?
-Assault, Battery, False imprisonment, Defamation, Intentional infliction of Emotional Distress
What are two components of an advanced directive?
1. Living Will
2. Durable power of attorney for health care
What act was created to protect the rights of client privacy and confidentiality?
HIPPA (Health Insurance Portability and Accountability Act)
What is the purpose of a licensure?
required to show that the nurse is competent to perform the specialized skills
civil (penalties) and or criminal (jail time) punishments
What is the difference between assault and battery?
-Assault is causing fear or apprehension of an immediate harmful or offensive contact, does not require actual physical contact to occur
-Battery the intentional, harmful or offensive physical contact with another person without their consent
What must be included in a DNR order to be valid?
Patient signature, attending/physician signature, witness signature, and date
What are some classes that nurses need to take under the NPA?
-HIV/AIDS
-Domestic violence
-recognizing impairment
-prevention of medical errors
What are some things that nurses do to become licensed?
-take NCLEX
-fingerprinting, background check
-paying fees
What is another word for professional negligence?
-Medical malpractice
Examples from unintentional torts?
-Medical Malpractice
-Nursing Malpractice
What does DNR stand for?
-Do Not Resuscitate
Most common listed right under HIPPA?
Right to privacy and confidentiality
-Multistate
-Compact
4 implications that must be met to claim negligence?
1. Duty
2. Breach of duty
3. Harm
4. Causation
How many phases are in the nursing disciplinary process?
6
What are some examples where an advanced directive would've been signed?
-terminally ill patients, comatose patients, or patients with later stage dementia
- Controlled substance act
- Good Samaritan Act
What is the name of the course that nurses must do to keep their licenses?
-continuing education courses
What are some things that can lead to malpractice lawsuits?
-medication errors
-failure to document or incorrect documentation
-failure to follow protocol
-lack of informed consent
-failure to follow up
What are some instances where nurses would be disciplined?
-positive criminal background check
-sexual misconduct
-substance misuse
-verbally or physically abusive to patients
-fraud