Jurisprudence Flashcards

(70 cards)

1
Q

Q: What are the 4 sources of law?

A
  • Constitutions
  • Statutory law
  • Administrative law
  • Common law
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2
Q

Enacted by a legislative body

Enacted: bill/proposal ; Legistlative: officials with power to create, change or repel laws (us congress, state, city councils)

A

Statutory law

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3
Q

Rules and regulations created by executive officers or agencies.

A

Administrative law

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4
Q

Serve as guides to legislative bodies

A

Constitutions

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5
Q
  • Judge-made law
  • When there’s no written rule for a problem, judges make decisions based on past cases, and those decisions become the “law” for similar situations in the FUTURE.
A

Common Law

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6
Q

Q: What is the Nurse Practice Act?

A

It DEFINES the legal scope of practice for professional registered nurses.

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7
Q

Standards of Nurse practice Act apply to

A

ALL nurses.

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8
Q

Q: What are the 3 types of credentialing in nursing?

A
  1. Accreditation
  2. Licensure
  3. Certification
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9
Q

Refers to the individual nurse’s legal permission to practice (e.g., RN license).

A

Licensure

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10
Q

Refers to educational programs that must be approved by the Board of Nursing (BON).

A

Accreditation

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11
Q

Additional credentials for specialized skills or areas (e.g., CCRN, PNCB).

A

Certification

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12
Q

Define:
The theory or philosophy of law; the study of a legal system.

A

Jurisprudence

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13
Q

Q: What is nursing jurisprudence?

A

The application of legal principles to nursing practice
* including nurses’ obligations to patients and their relationships with other health care professionals.

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14
Q

The CORE moral values, duties, and commitments of nurses in their practice, as outlined in the Code of Ethics for Nurses.

A

nursing ethics

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15
Q

What is the guiding philosophy of the Texas Board of Nursing (BON)?

A

To protect and promote the welfare of the people of Texas by ensuring that every licensed nurse in the state is competent to practice safely.

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16
Q

What is the CNE requirement for nurses (including APRNs) in Texas?

A

All nurses must complete at least 20 hours in 2 years of CNE in nursing jurisprudence and ethics (NJE) by the END of every 3rd two-year licensing period/renewal cycle.

third two-year licensing period = every 6 years (since 3 x 2 years = 6 years).

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17
Q

Q: What is the Nursing Jurisprudence Exam based on?

A

based on the Nurse Practice Act (NPA) and Texas Board of Nursing (BON) rules and regulations.

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18
Q

When can you take the Jurisprudence exam?

A

10 days after completing your application with the BON

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19
Q

Q: How many questions are on the Jurisprudence exam, and what is the time limit?

A

50 questions with a 2-hour time limit.

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20
Q

Q: Is the Jurisprudence exam open book?

A

YES!!!

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21
Q

Q: Can you retake the exam if you don’t pass?

A

A: Yes, retest after 24 hours if you are not successful.

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22
Q

Q: When must you pass the Nursing Jurisprudence Exam?

A

A: You must pass it BEFORE taking the NCLEX.

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23
Q

Who is in charge of:

  • Defines nursing and the boundaries of the scope of nursing practice
  • Identifies the grounds for disciplinary action
A

Nurse Practice Act (NPA)

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24
Q

Who CAN NOT lobby the legislature?

A

Board of Nursing

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25
Who **CAN** lobys the legislature?
Professional Associations
26
Who puts efforts to i**mprove work conditions and benefits for nurses**
Professional Associations
27
The **BON** is in charge of (list 4)
* Licensing * Enforcement Services * Audit of CE * Information Services
28
Q: How long is a Graduate Nurse (GN) **temporary permit** valid?
A: It expires in 75 days.
29
Q: When does a GN permit expire?
A: It expires when you **pass or fail** the NCLEX. ## Footnote So as soon as you take the NCLEX- GN permit expires
30
Q: When will the BON remind you to renew your license?
send a postcard or email reminder **60 days prior to expiration**.
31
Q: How many **CE hours** must a nurse **complete in a 2-year licensing period**?
**20 hours of CE** must be completed every 2 years
32
Q: Are there any **exemptions** for **CE hours**?
Yes, **first-time renewals** are exempt
33
How long is an initial nursing license valid?
6–29 months, after which renewal aligns with even/odd birth years: * **Even birth years** renew in even years. * **Odd birth years** renew in odd years.
34
Q: How long must nurses keep CE records?
3 consecutive renewal periods or **6 years** (Board Rule 216.7).
35
Q: What are examples of **violations of professional boundaries**?
* Physical * Sexual * Emotional * Financial exploitation of client or their significant other
36
Complete **focused** nursing assessment- what type of nurse does this apply to?
LVN
37
Practice must be supervised- belongs to what nurse?
LVN
38
Evaluate pt response to nursing care- belongs to which nurse?
RN
39
Educated to care for patients with **stable and predictable conditions**- belongs to what nurse?
LVN
40
Q: Who does **delegation** in nursing pertain to?
Pertains to **unlicensed persons** (such as unlicensed assistive personnel or UAPs) * are authorized by a nurse to perform specific nursing tasks.
41
Q: What is **NOT** considered delegation?
Situations where an **unlicensed person** is directly assisting an RN by **carrying out tasks in the RN’s presence.**
42
*Delegation vs Assignment:* Going from a licensed person to an unlicensed person
Delegation
43
Assignment **from a licensed person** to **ANOTHER licensed person**
Assignment
44
Who can a LVN **deligate** to?
UPA
45
Who can a LVN **ASSIGN** to?
another LVN
46
Can a LVN assign to an RN?
No!
47
**Assignment** means **GIVING** routine care, activities, or tasks to ___, ___, ___.
1. An **RN or LVN** if it’s within their scope of practice. 2. An **unlicensed assistive personnel** (UAP) if it’s part of their regular job duties
48
Q: What tasks are **prohibited** from being **delegated to a UAP** or **assigned to an LVN?**
1. Nursing Assessments 2. Professional Judgment & Intervention 3. Responsibility for Initial Teaching 4. Medication Administration to UAP- **EXCEPT** if in a independent living situation and IVs (*unless successful course completion and facility allows it*) 5. IV Fluids to LVN- **EXCEPT** when LVN possesses certification
49
Purpose of Nursing Peer Reviews
* confidential * not a disciplinary action * structured process used to **evaluate** a nurse’s practice to ensure it aligns with professional standards of care, ethics, and patient safety
50
2 types of Peer Review
1. **Incident-Based** Nursing Peer Review (IBNPR) 2. **Safe Harbor** Nursing Peer Review (SHNPR)
51
*Peer Review that*: * Focuses on specific incidents * Whistle blower protection
**Incident-Based** Nursing Peer Review (IBNPR)
52
*Peer Review that*: **Protects nurses who refuse assignments** that violate their scope of practice
**Safe Harbor** Nursing Peer Review (SHNPR)
53
Does a **MINOR incident** involving a nurse need to be reported to the Board of Nursing (BON)?
No unless conduct indicates a nurse’s practice is **unsafe or violates professional nursing standards**.
54
Q: What happens if a nurse is involved in **5 minor incidents** within a 12-month period?
incidents must be reported to nursing PEER review for evaluation
55
What types of incidents are **NEVER considered minor incidents** and MUST be reported to the Board of Nursing (BON)? List 4
* An error that contributed to a patient’s death or serious harm. * Criminal conduct * A serious violation of unprofessional conduct such as: -Fraud -Theft -Patient abuse or exploitation * A practice-related violation involving impairment or suspected impairment due to chemical dependency.
56
How does **Safe Harbor** protect nurses?
Allows a nurse to accept an assignment and provide the best care they are capable of **without fear of licensure action if they make a practice error.**
57
Q: What does **Safe Harbor** protect, and what does it NOT protect?
* **Protects**: The nurse’s license from disciplinary action by the Board of Nursing (BON). * **Does NOT protect**: The nurse from civil action (e.g., lawsuits).
58
When should the Nurse REQUEST "Safe Harbor"
* Request **BEFORE** refusing an assignment * **Before** engaging in the activity, -must recognize that the patient comes first.
59
Q: Can a nurse **withdraw** a Safe Harbor request?
**Yes, if the issue is resolved** (e.g., the assignment is changed or proper support is provided)
60
Q: When can a nurse **refuse** an **assignment**? 2 main reasons
* they **lack** the basic knowledge and ability required to safely provide care. * The assignment involves **unethical or illegal actions** (fraud, theft, abuse, etc)
61
Q: Does invoking Safe Harbor guarantee **no further PEER review**?
No, even **after** invoking Safe Harbor, a Nursing Peer Review may still **evaluate whether the nurse’s refusal was justified.**
62
Q: How does a **nurse notify a supervisor** when invoking **Safe Harbor**?
in writing or verbally
63
When invoking Safe Harbor, what **document** should be completed, and when?
* Comprehensive Written Request * **BEFORE** leaving shift. -This documents the concern and provides legal protection for the nurse.
64
Mandatory overtime
extra hours or shifts beyond what was originally **SCHEDULED** -has nothing to do with over 40 hrs.
65
What Counts as **Mandatory Overtime**?
* Any additional shifts or hours beyond a nurse’s scheduled work time. * This applies **regardless** of shift length or the number of shifts scheduled per week.
66
What is **NOT** Considered **Mandatory Overtime**? List 5
* Time spent before or after a shift for reporting, documentation, or handoff * **Pre-scheduled and compensated on-call time does** - because the nurse **agreed** to be available in advance * An ongoing procedure requires a nurse’s presence * During a disaster * In certain emergencies
67
If a nurse refuses to work mandatory overtime, does that consider patient abandoment?
No.
68
What can a nurse do if assigned to an unfamiliar unit (float shitft)?
has the right to request **appropriate orientation or training BEFORE** taking on patient care responsibilities.
69
What might the **Board of Nursing (BON)** require if a **nurse violates** nursing standards or the Nursing Practice Act (NPA)?
The **BON** may require remediation (e.g., additional education or training) **INSTEAD** of immediately revoking the nurse’s license.
70
Q: What must a nurse do if they move to a new primary state of residency?
A: The nurse must get a **new license** in the new state **within 60 days** of moving.