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Describe the components of a model nursing practice act
to ensure order, protect individual person, resolve disputes, and promote general welfare
Nurse practice act defines the scope of practice, determines educational requirements of licensure
Important to professional nurses
ANA and NCSBN have developed and suggested language for the content of state NPA
Defines the standards and scope of professional nursing
Describes the authority, power, and composition of the board of nursing
Defined educational program standards
Sets the minimum educational qualifications and other requirements for licensure
Determines and protects the legal titles and abbreviations nurses may use
Provides for disciplinary action of licenses for certain causes
Discuss the authority of state boards of nursing
It can adopt rules that clarify general provisions if the nursing practice act, but it does not have the authority to enlarge the law.
The state boards of nursing have the authority to set and enforce minimum criteria for nursing education criteria
An applicant for licensure must graduate from a state approved nursing education program
The state boards of nursing have the power to sanction a nurse for performing professional functions that are dangerous to the patient or general public
Probation
Suspension
Revocation
Most common reasons: practicing while under the influence of alcohol or drugs
Explain the conditions that must be present for malpractice
Comission: doing something that should have not been done
omission: failing to do things that should have been done.
Failure to follow standards of care
Failure to use equipment in a responsible manner
Failure to communicate
Failure to document
Failure to assess and monitor
Failure to act as a patient advocate
Professional nurses may delegate independent nursing activities (as well as medical functions that have been delegated to them) to other nursing personnel
State nurse practice acts do not give LPNs or LVNs the authority to delegate
Professional RNs retain accountability for acts delegated to another person
RN is responsible for determining that the delegated person is competent to perform the delegated act
The delegate is responsible for carrying out the delegated act safely
The professional nurse remains legally liable
Malpractice occurs when a professional, nurse, pr physician fails to act as a reasonably prudent professional would have acted under the same circumstances.
Explain the legal responsibilities of nurses to enforce professional boundaries, including the use of social media
Confidentiality, HIPAA, and social media
NCSBN 2011: a nurses guide to the use of social media
Confidentiality and HIPAA regulations place significant limitations on the content of nurses social media activities and comments
the nurse has a duty to maintain confidentiality of all patient information, both personal and clinical in the work setting and off duty in all venues including social media and other means of communication.
Nurses are responsible for providing accurate, relevant data to members of the health care team and others who have a need to know.
Describe the strategies nurses can use to protect their patients, thereby protecting themselves from legal action
Practice in: practice in safe settings, qualities of safe agencies, risk management, the joint communication and
Communication: communicate with other health care professionals, patients, and families including accurate documentations. Preventing legal problems is keeping good records.
Meet: meet the standard of care. Be technically competent, keeping up to date with healthcare innovations, being aware of peer expectations, and participating as an equal on the healthcare team.
Carry and understand: carry and understanding professional liability insurance
Promote: promote positive interpersonal relationships
safest situations is one in which the agency does the following
employs an appropriate number personnel with a vairety of skills to care adequetly for the number of agency patients at all levels of acuity
has policies, procedures, and personnel practices promoting quality and safety
keeps equipment in good working order
provides comprehensive orientation to new employees, supervises all levels of employes, and provides opportutnites for employees to learn new procedures consistent with the level of health care services provided by the agency.
informed consent
Three major conditions of informed consent
Consent must be given voluntarily
Consent must be given by an individual with the capacity and competence to understand
The patient must be given enough information
Delegation
giving someone authority to act for another – is an issues that carries great legal and safety implications in nursing practice.
the ability to delegate has generally been reserved for professionals because they hold licenses that sanction the entire scope of practice for a particular profession.
RNs only have the legal authority to delegate tasks to: LPN’s/ LVNSs & UAPs
right task
right circumstances
right person
right direction/communication
right supervision/ evalution
confidentially
both a legal and an ethical concern in nursing practices. It is the protection of private information gathered about a patient during the provision of healthcare services.
Confidentiality: HIPAA; social media standards
Assault & battery towards patient
Assault is threatening with treatments. Battery doing the procedure against the individuals wishes
Prescriptive authority:
only for providers (NP, MD, PA)
Define licensure according to the national council of state boards of nursing
Mandatory law: requires any person
who practices the occupation or
profession to be licensed.
Permissive law: protects and limits the
use of the title granted in the law but does
not prohibit persons from practicing the
occupation/profession if they do not use
the title.
it ensures public safety by assessing basic and continuing competence
all 50 states now have mandatory licensure law
must graduate from a state approved nursing education program as a prerequisite to being admitted to the licensure examination.
Licensed: LPN, RN, APN, PA, physicians
The licensure exam is updated regularly and tests critical thinking and nursing competence in all phases of the nursing process
Computerized adaptive testing: minimum 85, maximum 135, Duration: 5 hours
Differentiate between negligence and malpractice
Negligence: failure to act as a reasonably prudent person would have acted in the same circumstances
Malpractice: is negligence applied to the acts of a professional (RN)
Discuss the benefits of using electronic medical records
Benefits:
Generate reminders
Pull information
Populate notes
Generate reports
Information available, easy to find and aggregated: increase in the spread at which care can. Be delivered
Cataloged and grouped: easier to find information. More efficient access to information
Patient tracking
Standardization of care
Ethical Principles
autonomy
beneficence
nonmaleficence
justice
fidelity (confidentitality)
veracity
challenges of using electronic medical records
Privacy and security
limited patient - clinician interaction
documentation accuracy
note bloat
technology failure
Describe the role of nursing and healthcare informatics
ANA: nursing information “is a specialty that integrates nursing science, computer science, and information science to manage and communicate data, information, knowledge, and wisdom in nursing practice”
AMIA: “the science and practice that integrates nursing, its information and knowledge, with management of information and communication technologies to promote the health of people, families, and communities worldwide.”
Nurses deal with the management and communication of information and knowledge.
Describe the benefits of challenges of use of social media in health care
you must not post or otherwise transmit digitally any thing about your patients that may violate their rights to privacy and confidentiality
never post images of patients
online contact with patients blurs professional and personal boundaries
you are ethically obligated to report any breach in confidentiality or privacy that you encounter online
remember that posting anything leaves a permenant digital footprint.
two disticnt problems with the use of social media in health care
the transmission of potientally idenfitifable patient information
the blurring of professional and personal boundaires
Explain the legal responsibilities of nurses to enforce professional boundaries, including the use of social media
engage the assistance of a nurse manager or supervisor before confronting your colleague if you suspect they are impaired
or if your colleague has obtained information about someone from the hopsital electronic health records and posted them on a website
Review all APA quizzes
Autonomy
that individuals have the right to determine their own actions and the freedom to make their own decisions
Moral basis: respect for individuals
Overemphasis/ downside: lack of caring, not interefering with decision making
Challenging's in health care: some patients defer autonomy to their providers
Beneficence (patient advocacy)
Moral basis: do good,
Overemphasis: paternalism – inflicting own values
Challenged: context of patients life and situation must be considered. Beneficence may conflict with informed refusal
Nonmaleficence:
Moral basis: do no harm
Overemphasis: lack of action, questionable treatments not offered
Challenges: therapeutic interventions may cause harm
Justice :
Moral basis: be fair; provide care appropriate to needs
Overemphasis: with lack of resources impossible to be fair or individualize
Challenges: is health care a right or privalege? Shoulkd nonadherent patients continue to receive health care resources? Health disparities highlight the lack of health care justice
Fidelity (confidentiality and synergistic with veracity )
Moral basis: loyality and truthfulness
Overemphasis: confidentiality may impede efficiency and quality of care
Challenges: no absolute duty to keep promises: in each situation, the harmful consequence of the promised action must be weighted against the benefits of promise keeping
Veracity
Moral basis: truth telling or not lying
Overemphasis: truth may cause harm
Challenges: cultural variances existing regarding truth telling with healthcare information. Sometimes a desire to justify why deceit is best in situations occurs
Social media practices and principles (benefit of social media)
maintain seperate personal and professional platforms
never disclose patient information or patient indetifiers
social media can enhance or hurt the image of the career of nursing
nursing students should never post photos of their clinical experiences
Benefit
dissemination of research information and best practice as well as educating public in health promotion
HIPAA
Patients are able to see and obtain copies of their medical records, generally within 30 days of their request, and to request corrections if they detect errors.
Providers must give patients written notice describing the provider's information practices and explaining patients' rights.
Limitations are placed on the length of time records can be retrieved, what information can be shared, where it can be shared, and who can be present when it is shared.
four elements of a cause of action for negligance
The professional (nurse) has assumed the duty of care (responsibility for the patient's care).
. The professional (nurse) breached the duty of care by failing to meet the standard of care.
The failure of the professional (nurse) to meet the standard of care was the proximate cause of the injury.
The injury is proved.
role of nurse of informed consent
Unless primary provider, nurses collaborate with the primary provider
A nurse may witness a patients signing but is not responsible for explaining the proposed treatment
The nurse is not responsible for evaluating whether the physician has truly explained the significant risks, benefits, and alternative treatments
The nurse is responsible for determining that the elements for valid consent are in place, providing feedback if the patient wishes to withdraw consent or grant consent previously with held and communicating the patients needs for further information to the primary provider.
Ensure the patient is competent: is this a child? Is child's caregiver competent?
ANA principals of social networking
Be aware of your audience
Maintain your professionalism
Know your social media policy.
Secure your social media profiles.
Share credible information only.
Engage with respectful content.
two requirements of malpractice action
the defendant (nurse) has specialized knowledge and skills
through the practice of that specialized knowledge the defendant causes the patients injury
exceptions to the obligation of confidentiality
discussing the care of patients with others involved in their direct care
quality assurance activities,
legally mandated disclosure to public health authorities
information required by third party payers
Book formatting
Author. (Date). Title (italicized, sentence cased). Publisher Name. URL
Journal formatting
Periodical title, volume #, issue #, pages or article #, DOI if available. No italic, sentence case
website formatting
Author. (full date). Title of article (italicized, sentenced cased). Site Name (title case). Retrieved. URL
narrative vs paraethnical
n: authors name is incorporated into the sentence only (date)
p: (authors last name, date).
componenets of an APA paper
title page: title case, bold, centered, 3 - 4 lines below top of page, one double space blank line after title
page number: flush right, every page
Margins should be 1inch on all sides
Times new roman, 12 point
Double spacing
running head: 50 characters or less, on every page, all capital letters, flush left
college / department, University / Institution
Title, abstract (if required), text, references, footnotes, tables, figures, appendices
Level headings
1: centered, bold, title case
2: flush left, bold, title case
3: flush left, bold, italic, title case
4: indented, bold, title case, ending with a period
5: indented, bold, italic, title case, ending with a period
Delegation by RNs
Professional nurses may delegate independent nursing activities (as well as medical functions that have been delegated to them) to other nursing personnel
State nurse practice acts do not give LPNs or LVNs the authority to delegate
Professional RNs retain accountability for acts delegated to another person
RN is responsible for determining that the delegated person is competent to perform the delegated act
The delegate is responsible for carrying out the delegated act safely
The professional nurse remains legally liable
Malpractice occurs when a professional, nurse, pr physician fails to act as a reasonably prudent professional would have acted under the same circumstances.
Electronical medical records vs Electronical Health records
EMR: limited to a single practice
EHR: share information across providers