Nursing Exam 1 part 2

nursing as a profession -> nurse practice act & law

job

job

a paid position of regular employment

occupation

a job or profession

profession

a paid occupation, especially one that involves prolonged training and a formal qualification

professional

relating to or belonging to a profession

professionalism

the competence or skill expected of a professional

characteristics of a profession

• specialized training/education

• autonomy of practice

• ethical practice

• expert knowledge

• trust

• self-regulation

• continuing education

• service to society

Nursing as an Art (ANA definition)

• spirituality

• healing

• empathy

• mutual respect

• compassion

• health & healing

Nursing as a Science

• pre-1940: based on information in science courses

• today: evidence based practice

foundational documents of professional nursing

• Code of Ethics for Nurses

• Nursing: Scope and Standards of Practice

• Nursing’s Social Policy Statement: The Essence of the Profession

nursing organizations

• American Nurses Association (ANA)

• National League for Nursing (NLN)

• American Association of Colleges of Nursing (AACN)

• National Council of State Boards of Nursing (NCSBN)

licensed practical nurse (LPN or LVN)

• now 9-12 months and measured in clock hours (not semester hours)

• vocational schools

• technical

• learn how to do without the why

RN - diploma program

• 3 years

• in hospital

• mostly hands on experience (little classroom time; little theory)

• submissive to authority

• jobs limited

RN - associate degree (ADN)

• 2 year

• community college

• technical focus

• short term solution to nursing shortage

RN - bachelor of science in nursing (BSN)

• 4 years

• university

• professional focus w/ clinical component w/ emphasis on theoretical knowledge, development of decision making skills, and leadership

MSN degree

• existed almost since BSN programs

• experience

• many areas: CRNA, PNP, FNP, many others

doctoral degree

• PhD: doctor of philosophy

• EdD: doctor of education

• DNSc: doctor of nursing science

• DSN: doctor of science in nursing

• DNP: doctor of nursing practice

advanced practice nurses

• nursing administration

• NP (nurse practitioner)

similarities in programs

• education is becoming more expensive

• student population is more heterogeneous

• educational programs are more flexible

• follow trends popular in nursing

• state approval required

• seek accreditation from national source

• hard to find qualified faculty

• clinical facilities are in short supply

• try to involve students in curriculum development

• require clinical experience in school

• have to meet national standards

What is a nurse practice act?

defines nursing practice and establishes standards for nurses in each state

license

After graduation from an accredited advanced practice nursing program, candidates sit for a national certification exam by an accredited organization in order to obtain this

revoking of license - self enforced standards (board of nursing)

• protect the public from uneducated, unsafe, or unethical practitioners

• authority to grant or revoke licenses comes from specific statutory laws

• disciplinary hearing (suspension or revocation of a nurse’s license)

• drug abuse, administering medications without a prescription, practicing without a valid license, and any singular act of unprofessional or unethical conduct can constitute grounds for losing a nursing license

• most common violation for nurses: failure to renew license

statutory law

consists of laws written and enacted by U.S. Congress, the state legislatures, and other government entitles such as cities, counties, and townships

statutes:

federal and state

ordinances, codes, and regulations:

cities

laws governing the nursing profession are statutory laws:

nurse practice act

common law

has evolved from the decisions of previous legal cases that form a precedent

criminal law

are concerned with providing protection for all members of society

malfeasance

performance of an illegal act

civil law

generally deal with the violation of one individual’s rights by another individual

plaintiff

individual bringing dispute to court

complaint

written document describing dispute

defendant

person or party against whom the complaint is filed

defendant and attorney prepare the answer to the…

complaint

burden of proof lies with the…

plaintiff

negligence

the omission of an act that a reasonable and prudent person would perform in a similar situation or the commission of something a reasonable person would not do in that situation

4 elements that must be present for Negligence

1. “A duty was owed to the client (professional relationship)”

2. “The professional violated the duty and failed to conform the standard of care (breach of duty)”

3. “The professional’s failure to act was the proximate cause of the resulting injuries (causality)”

4. “Actual injuries resulted from the breach of duty (damages”

malpractice

• a type of negligence for which professionals can be sued (professional negligence)

• the standard for nurses is what a reasonable and prudent nurse would do in the same situation

intentional torts

defined as a willful act that violated another person’s rights or property

3 requirements for intentional torts

1. “The nurse must intend to bring about the consequences of the act”

2. “The nurse's act must be intended to interfere with the client or the client’s property”

3. “The act must be a substantial factor in bringing about the injury or consequences”

assault

unjustifiable attempt to touch another person or the threat of so doing

battery

actual harmful or unwarranted contact with another person without his or her consent

false imprisonment

occurs when a competent client is confined or restrained with intent to prevent him or her from leaving the hospital

abandonment

occurs when there is a unilateral severance of the professional relationship with the client without adequate notice and while the requirement for care still exists

3 elements necessary to prove intentional infliction of emotional distress

1. conduct exceeds what is usually accepted by society

2. the health-care provider’s conduct is intended to cause mental distress

3. the conduct actually does produce mental distress (causation)

defamation of character

harmful to a person’s reputation

slander

spoken communication that harms another’s reputation

libel

written communication that harms another’s reputation

invasion of privacy

a violation of a person’s right to protection against unreasonable and unwarranted interference with one’s personal life

to prove invasion of privacy the client must show:

1. the nurse intruded on the client’s seclusion and privacy

2. the intrusion is objectionable to a reasonable and prudent person

3. the act committed intrudes on private or published facts or pictures or a private nature

4. public disclosure of private information was made

informed consent

voluntary permission by a client, or by the client’s designated proxy, to carry out a procedure on the client

living will

document stating what health care a client will accept or refuse after the client is no longer competent or able to make that decision

medical durable power of attorney or health-care proxy

designates another person to make health-care decisions for a person if the client becomes incompetent or unable to make such decisions

prevention of lawsuits

• effective communication (SBAR)

• medical record

• rapport with clients

• currency in nursing practice (knowledge & skills current)

• knowledge of client (recognizing the client who is lawsuit prone can help reduce risk)