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What is superior to all of the Branches of the U.S. Government?
The U.S. Constitution
What does the U.S. Constitution ensure?
Ensures order, protection of individuals, resolution of disputes, and promotes the general welfare
What are the branches of the American Legal System?
Judicial, Executive, and Legislative
What is the role of the Judicial branch?
Resolves disputes, amends the common law, interprets statutory law
What is common law?
Where unwritten rules are established by judges’ decisions on specific cases (judge-made law)
What is statutory law?
Refers to written laws passed by a legislative body like Congress
What is the role of the Executive branch?
Implements law through government agencies
What is the role of the Legislative branch?
Makes statutory law, delegates authority to governmental agencies to create rules and regulation to meet the intent of statutes (administrative law)
What is an example of an administrative law as it pertains to nursing?
SBON (State Board of Nursing, LSBN)
What are the State Boards of Nursing?
The regulatory bodies by which nursing practice acts are administered and enforced. They publicize rule and regulations that expand the law, giving full meaning to the nursing practice act in each state.
What objectives does the nurse practice act in each state accomplish?
Defines the standards and scope of professional nursing
Describes the authority, power, and composition of the board of nursing
Defines 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 licensees for certain causes
NCSBN Model Nursing Practice Act (2012) Urges the Inclusion of what?
A clear differentiation between advances and generalist nursing practice
Authority for boards of nursing to regulate advanced nursing practice, including authority for prescription writing
Authority for boards of nursing to oversee unlicensed assistive personnel (UAP)
Clarification of the nurse’s responsibility for delegation to and supervision of their personnel
Support for mandatory licensure for nurses while retaining sufficient flexibility to accommodate the changing nature of nursing practice
What is the Executive function of SBNs?
Authority to administer the nursing practice act
What is the Legislative function of SBNs?
Authority to adopt rules necessary to implement the act (rules are different from laws, which are made by state’s legislative body)
What is the Judicial function of SBNs?
Authority to deny, suspend, or revoke a license or to otherwise discipline a license or to deny an application for licensure
A mandatory law requires any person who practices the profession or occupation of nursing to be _________
licensed
What are some sanctions for nurses performing professional functions in a manner that is dangerous to patients or the general public?
Probation, suspension, or revocation (of licensure)
SBN grants licenses, but it also has the power to ________ a nurse for performing professional functions in a manner that is dangerous to patients or the general public
sanction
What is the most common reason nurses are disciplined by SBNs?
Practicing while under the influence of alcohol or other substances, often narcotics
What is the goal of SBNs related to nurses that were suspended?
To return nurses who have been identified as having a problem with drugs and/or alcohol use safely back into practice
What occurs if you are unsuccessful on the NCLEX exam the first time?
Must pay fees and wait 45 days to retake the exam
Describe the NCLEX.
Tests critical thinking and nursing competence in all phases of the nursing process. Computer adaptive testing (CAT). Minimum number of questions is 75, maximum is 256. 6 hours to complete the exam including breaks.
What does Endorsement mean?
That RNs may practice in different states without having to take another licensing examination
What are the mutual recognition models for licensure?
National Licensure Compact (NLC) and enhanced NLC (eNLC)
Why was licensure by endorsement developed?
To improve mobility of nurses while still protecting the public health, safety, and welfare
What is the primary legal concern of health care professionals?
Malpractice
What are all important in terms of risks in professional nursing practice?
Delegation, informed consent, and confidentiality
What are the Six Major Categories of Negligence that results in Malpractice Lawsuits?
Failure to follow standards of care
Failure to use equipment in a responsible manner
Failure to communicate
Failure to document or note in the patient’s medical record
Failure to assess and monitor
Failure to act as patient advocate
Who can nurses delegate to?
Other nursing personnel (LPNs)
What is the nurses responsibility when delegating?
Retain full accountability for acts delegated to another person, meaning that the RN is responsible for determining that the delegated person is competent to perform the delegated act
What are the 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 so that the locus of the decisions lies with the patient and not the provider; in other words, the provider cannot influence the patient by giving incomplete information
What is the Health Insurance Portability and Accountability Act (HIPAA) of 1996?
Requires all aspects of healthcare providers to ensure the privacy and confidentiality of patients
Who was the president when HIPAA was enacted?
Bill Clinton
What is assault?
A threat or an attempt to make bodily contact with another person without the person’s consent
What is battery?
Assault carried out, the impermissible touching of one person by another
What are the evolving legal issues that affect nursing?
Role changes in health care, Prescriptive authority, Supervision of Unlicensed Assistive Personnel (UAPs), Payment Mechanisms for Nurses, and Patient Self-Determination Act (PSDA)
Ways to protect yourself from legal problems:
Practice in a safe setting
Communication with other health professionals, patients, and families
Meet the standard of care
Carry and understand Professional Liability Insurance
Promote positive interpersonal relationships
What are the four documents that you should own as a nurse?
A copy of the nursing practice act of the state in which you practice
Nursing’s Social Policy Statement: The Essence of the Profession
Nursing: Scope and Standards of Practice
ANA’s Code of Ethics for Nurses with Interpretive Statement
What are the basic types of professional liability insurance policies?
Occurrence policies: cover injuries that occur during the period covered by the policy
Claims-Made Policies: cover injuries only if the injury occurs within the policy period and the claim is reported to the insurance company during the policy period or during the tail.
What is the tail in claims-made policies?
An uninterrupted extension of the policy period and is also known as the extending reporting endorsement
What is Input in relation to the Components of Systems?
The first component of a system, the raw material such as information that enters a system
What is Throughput in relation to the Components of Systems?
The second component, consists of the processes a system uses to convert raw materials (input) into a form that can be used
What is Output in relation to the Components of Systems?
The end result or product of the system
What is Evaluation in relation to Components of Systems?
Measuring the success of failure of the output and the effectiveness of the system
What is Feedback in relation to Components of Systems?
The final component of a system, the process of communicating what is found in evaluation of the system
The success of a system depends on the functioning of many _________
subsystems
What is an Open System?
Promotes the exchange of information with other systems and the environment
What is a Closed System?
Does not interact with other systems or surrounding environment
What is a Suprasystem?
The larger environment outside a system
What is Synergy?
When all the various subsystems work together to create a result that is not independently achievable
The dynamic balance within and between the subsystems, the system, and the suprasystems help create and maintain ___________, also known as internal stability
homeostasis
What three basic concepts are essential to understanding practice and are the Foundation of Nursing?
Person, Health, and Environment
Explain Maslow’s human needs theory.
Rejected earlier ideas of Freud and Pavlov, instead states that humans are motivated by intrinsic needs and presents them as a hierarchy
What is Self-Actualization in Maslow’s Hierarchy of Needs?
The highest level of needs, maximum potential is reached. People do not stay in a state of self-actualization but may have “peak experiences” during which they realize self-actualization for some period.
What are Esteem needs in Maslow’s Hierarchy of Needs?
Self worth, respect, and reliance
What are Physiological needs in Maslow’s Hierarchy of Needs?
Most basic needs like food and water
Why is it important to determine a person’s perception of their own needs in healthcare?
To be able to provide appropriate, individualized nursing care
What is the most direct systemic influence on a person?
Family
What is a nuclear family?
Parents and their children only
What is an extended family?
Parents, children, and relatives
Family systems have greatly changed since what?
World War II, with a dramatic increase in single parent households
Why do nurses need to develop cultural competence?
To meet the needs of culturally diverse patients
What is Ethnocentrism?
Evaluation/judgments of other cultures based on previous beliefs of said culture
What are parts of a Social system?
Social support, social change, and poverty
What does life in poverty mean for those under that social system?
One of the most influential determinants of health. Diminished access to health care, inadequate nutrition and lack of basic health care, food insecurity and hunger, poor transportation, inability to pay rent.
What is one of the largest producers of waste in the nation?
Healthcare facilities
What is Health Care Without Harm?
An organization with the mission to reduce hazardous waste produced from healthcare facilities.
What is High Level Wellness Health?
A continuum with high-level wellness at one end and death at the other. Shows the interconnectedness of these parts.
What are the 6 interrelated dimensions of the health continuum?
Intellectual, emotional, environmental, social, physical, and spiritual
Nursing embraces a ______ view of health
holistic
What is Healthy People 2030?
Started in 2000, national objectives every 10 years, provides an agenda to improve health of Americans. Looks at a multitude of factors, provides national disease prevention and heath promotion. Diverse groups form a team and work together.
What is health affected by?
Health beliefs and health behaviors
What are the 3 components of Rosenstock (1966) Health Beliefs Model?
Evaluation of one’s vulnerability to a condition and the seriousness of that condition
Evaluation of how effective the health maintenance behavior might be
The presence of a trigger event that precipitates the health maintenance behavior
What are the 4 components needed for effective program of lifestyle change according to Bandura?
Information
Skill development
Skill enhancement through practice and feedback
Social support
What is self efficacy?
The belief in one’s ability to perform tasks and meet challenges to achieve goals
What did Bandura believe?
That self-efficacy leads to efforts to change, whereas low perceived self-efficacy leads to lack of effort to change
What is a Cyberchondria?
Someone that believes they have a disease they read about online
When assessing health related sites, you should do what?
Look into who sponsors the site, determine whether there is self interest, check credentials, look at date of revision, ensure editorial review, ensure site is unbiased
Nurses should recognize what when it comes to health belief models?
Health is constantly changing
Health impact the entire person
Individuals health beliefs are powerful
Individuals desiring change may lack knowledge or motivation
Knowledge does not always lead to change
Change is often very slow
_____ evolve with aging
Values
What is the cognitive aspect of valuing?
Choosing
What is the affective (emotional) aspect of valuing?
Prizing
What is the behavioral aspect of valuing?
Acting
What are descriptive beliefs?
Beliefs shown to be true or false - “The sun will come up tomorrow morning”
What are evaluative beliefs?
Judgement about good or bad - “Advanced life support for 90 year old is immoral”
What are prescriptive beliefs?
Actions are judged to be desirable or undesirable - “Every voting citizen should vote in every election”
What is Philosophy?
The study of the principles underlying conduct, thought, and nature of the universe. Contemplate or wonder about something.
What is Epistemology?
Theory of knowledge itself
What is Logic?
The study of proper and improper methods of reasoning
What is Aesthetics?
The study of what is beautiful, differs from person to person
What is Ethics?
The branch of philosophy that studies standards of conduct
What is Politics in the context of Philosophy?
The area that deals with the regulation and control of people living in society, recommends improvements for conditions in society
What is Metaphysics?
The consideration of the ultimate nature of existence, reality, human experience, and the universe
Up to 80% of serious medical errors can be attributed to _____________
miscommunication
Why is Joseph Priestley’s quote “The more elaborate our means of communication, the less we communicate,” important?
Due to how the many forms and avenues of communication create opportunities for communication to break down
What are the three phases of communication?
Orientation, Working, and Termination
What occurs during the Orientation Phase?
Introducing self, active listening, building the foundation of trust, time-line is set
What occurs during the Working Phase?
Work on tasks identified during the Orientation Phase, but keep note that making and sustaining change is difficult
What occurs during the Termination Phase?
The end of communication, but the time frame is set during the Orientation Phase
What is self awareness in relation to nursing?
Basic to effective interpersonal relationships, nurse must get their own emotional needs met outside of the nurse-patient relationship