Unit 5 (Legal Issues) Flashcards

What is the Nurse Practice Act

Broadly defines the legal scope of nursing practice

Who decides what is included in a nurse’s scope of practice?

Federal and state legislation, the board of nursing, and the health care institution.

What is an accreditation?

An educational program is evaluated and recognized as having met certain standards

What is a licensure?

A state determines that a candidate meets certain minimum requirements to practice in the profession and grants a license to do so

What is a certification?

A person who has met certain criteria established by a nongovernmental association is granted recognition in a specified practice area

What may result in license suspension or revoking?

Drug or alcohol abuse, fraud, deceptive practice, criminal acts, previous disciplinary actions, gross or ordinary negligence, and physical or mental impairments such as age. 

What is the process of license revoking?

Notice of investigation, fair and impartial hearing, and proper decision based on substantial evidence. 

What are the legal safeguards for nurses?

Interpersonal communication skills, legal boundaries, policies and procedures, personal strengths and weaknesses, knowing when to refuse if unprepared, knowledge and skills, respecting patient rights and building rapport, develop and support management policies, and documentation.

What are the types of abuse?

Physical, verbal, sexual, emotionally attacked, neglect, and abandonment.

What are the elements of informed consent?

Disclosure, comprehension, competence, and voluntariness.

What information should be in incident reports?

Name of person and witnesses, factual account of incident, date, time, place of incident, pertinent characteristics of person involved, any equipment or resources being used, documentation by physician of medical examination of person involved, and any other important variables.

What are the ensured patient rights for HIPAA?

To see and copy their health record, update their record, request correction of mistakes, request a restriction on certain uses or disclosures, choose how to receive health info, and receive a list of the disclosures a health care institution has made independent of disclosures made for the purposes of treatment, payment, and health care operations.

What are the two most common advance directives?

Living will and durable power of attorney for health care.

What is a living will?

A legal document that outlines preferences for medical treatment, particularly regarding end-of-life care, in case the patient becomes unable to communicate their wishes.

What is a medical durable power of attorney?

Someone who legally has a right to make healthcare decisions on behalf of the patient if they are unable to do so.

What is a legal guardian?

A person appointed by the court who has the authority to make decisions regarding the personal and property interests of another person who is deemed incompetent.