Legal and Ethical

Question 1

MHPA

Answer 1

Medicaid Health Plans of America

Question 2

EMTALA

Answer 2

Emergency Medicine Treatment and Labor Act (all people have the right to receive ermegency medicine care regardless of financial or insurance status)

Question 3

PSDA

Answer 3

Patient Self-Determination Act (gives people the right to make life-sustaining decisions before becoming incapacitated)

Question 4

Criminal law

Answer 4

Prosecutor has the burden of proof as to whether the nurse has committed a legal offense beyond a reasonable doubt

Question 5

Civil law

Answer 5

Dispute between individuals or an individual and organization
(victim would be awarded compensation)

Question 6

Tort

Answer 6

Carrying out an act, or failing to carry out an act, which results in harm to a patient

Question 7

Unintentional tort

Answer 7

Nurse does not intend to cause harm, but harm results from malpractice or negligence

Question 8

Quasi-intentional tort

Answer 8

• Breach of confidentiality
• Defamation
• Privacy violation (looking in a pt’s chart who you aren’t caring for)

Question 9

Intentional tort

Answer 9

Battery, assault, false imprisonment

Question 10

Purpose of the ANA code of ethics

Answer 10

• Establishes ethical standards and provides guide for ethical decision making
• Expresses values, virtues, and obligations that inform nursing
• Nurses are expected to adhere to the values, ideals, and norms of the profession

Question 11

Which laws are Statutory law?

Answer 11

State laws
NPA
Licensure
Public health laws
Good Samaritan Law
Patient rights

Question 12

Which laws are regulatory laws?

Answer 12

Mandatory reporting
Administrative laws

Question 13

What are Standards of Care?

Answer 13

Legal guidelines for defining nursing practice and identifying acceptable nursing care

Question 14

Define delegation

Answer 14

Transferring authority to another nurse or AP to perform a task in a specific situation (patient’s RN still needs to supervise and make sure task was completed)

Consider job/role, scope of practice, competence, and situation

Question 15

Define supervision

Answer 15

Responsibility of the RN to monitor, establish the initial direction, delegation, expectations, and courses of action, evaluation, and changing course of action

Question 16

What kind of law describes who can give informed consent?

Answer 16

State law

Question 17

What is the nurse’s responsibility in ensuring informed consent?

Answer 17

• Ensure provider gave the necessary info
• Ensure client understood information
• Ensure client is competent to give consent
• Witness the consent was signed by the client or AP
• Document
  *If client isn’t fully informed, tell provider

Question 18

Define professional negligence

Answer 18

Failure of a person who has professional training to act in reasonable and prudent manner (as determined by judgment, intelligence, foresight, and skill of a person with similar training)

Question 19

Duty of Care

Answer 19

To behave in a manner within scope of practice

Question 20

Breach of Duty

Answer 20

To demonstrate how the nurse deviated from their duty

Question 21

Causation

Answer 21

Proof the nurse’s breach of duty was the cause of the injury or loss

Question 22

Damages

Answer 22

Injuries or damages to client were a result of the breach of duty by the nurse

Question 23

Healthcare Bill of Rights

Answer 23

Outlines the rights of patients regards to:
* treatment
* relationships
* information
* confidentiality
* privacy

Question 24

What is the nurse’s role with advanced directives?

Answer 24

• Teach about purpose of ADs
• Ensure AD is documented when exists
• Advocate for patient’s wishes

Question 25

Good Samaritan Law

Answer 25

Legal duty to provide reasonable assistance to others exposed to or in peril of grave physical harm (includes attempting to get help from a more qualified person) Not liable for civil damanges unless acting in a intentionally reckless manner

Question 26

In which situations is a nurse required to report as a mandated reporter?

Answer 26

* Abuse or neglect * Communicable disease to MDH (control and prevent spread)

Question 27

Define Privacy Rule and Security Rule of HIPAA

Answer 27

Privacy Rule requires HIPAA-covered entities (health plans and most health care providers) to provide individuals, upon request, with access to PHI about them in one or more "designated record sets" maintained by or for the covered entity. HIPAA Security Rule requires physicians to protect patients' electronically stored, protected health information (known as “ePHI”) by using appropriate administrative, physical and technical safeguards to ensure the confidentiality, integrity and security of this information.

Question 28

Which situations include disclosing/using PHI for treatment?

Answer 28

* Continuation of care * Treatment team * Referrals

Question 29

In which situations can you access/disclose PHI for payment?

Answer 29

* Billing * Insurance verifation * Payment processing

Question 30

In which situations can you access/disclose PHI for healthcare operations?

Answer 30

* Quality review * Legal * Educational purposes

Question 31

Administrative PHI safeguards

Answer 31

* Orientation * Workforce education * SOPs

Question 32

Physical PHI safeguards

Answer 32

* locked areas * badges * shredders

Question 33

Technical PHI safegaurds

Answer 33

* locking workstations * encryption * access controls