Nursing 101; Legal and Ethics Flashcards

Question

Advance Directive

Answer 1

May include a living will

Answer 2

Failure to report an employee who is suspected of substance abuse

Answer 3

Resource to notify authorities of suspected child abuse

Answer 4

agency that administers NCLEX exam, issues licenses to RNs and Temporary Practice Permits

Answer 5

Writes the NCLEX exam

Answer 6

Privacy protection law

Answer 7

Refusing to allow a patient to leave their room

Answer 8

One element that must be present to win a malpractice claim

Answer 9

Forgetting to carry out an action which then causes the patient harm

Answer 10

Multistate License

Answer 11

Patient designated individual who makes health care decisions if the patient can no longer speak for himself

Answer 12

Ability of a person to understand all information about health condition;may fluctuate, determined by HCP. ex.: Patient who has taken pain medication/narcotic

Answer 13

Legal determination made by a judge to determine incapacity

Answer 14

Statutory Administrative

Answer 15

Laws made by legislative branches at federal state, and local levels Nurse Practice Act, Americans with Disabilities Act, Child Abuse Act, Good Samaritan Act

Answer 16

Laws made by administrative agencies Nurse Practice Act \*\*\* NPA is both an administrative and statutory law

Answer 17

defines conduct harmful to another individual or society May be punishable by fines, imprisonment, or both

Answer 18

deals with rights and duties of private persons

Answer 19

A type of civil law that can be intentional or unintentional

Answer 20

Includes assault, battery, false imprisonment, invasion of privacy

Answer 21

Includes negligence, malpractice

Answer 22

Conduct that deviates from what a responsible person would do in a particular circumstance Occurs when individual damages person or property without \*intent\* to injure Carelessness Failure to maintain reasonable care resulting in injuries to the aggrieved party (care falls below the standard)

Answer 23

Mistake that results in harm to a patient

Answer 24

Ocdurs when person with professional status fails to do what they are supposed to

Answer 25

Duty - nurse/patient relationship Breach of duty- patient was harmed during relationship Foreseeability - ability to predict or reasonably expect harm Causation - relationship between mistake and injury Injury or harm - patient must have suffered injury or harm

Answer 26

In Pennsylvania patient has two years from incident or for minors, until the age of 20

Answer 27

Amount of time that can pass between recognition of harm and filing a suit

Answer 28

Top 3 cause of death Top 5 reason HCPs are sued Ongoing issue Must be clearly documented and discussed with client

Answer 29

Practice Zero Tolerance Communicate care concerns, key information about client condition Ensure physician's orders are clear Understand how to use equipment Providing appropriate mentoring, assessment, care plan for clients Maintain client safety Apply the Six Rights of medication administration to minimize the risk of medication errors Use effective communication

Answer 30

All patients must be assessed for fall risk every 12 hours If a patient falls, assess for injury before attempting to move them

Answer 31

* Right patient * Right drug * Right dose * Right route * Right time * Right documentation Use 3 checks before passing medication to patient

Answer 32

Helps decrease risk of bad outcomes Attentive/active listening is essential Poor communication skills may make the client think that the nurse is less than competent Accurate documentation and reporting

Answer 33

Can be individual, group, or employer sponsored Nurses are generally required to carry Manages own personal financial risk Many hospitals will cover their employees Requirements/coverage for nursing students depends on the school and/or hospital

Answer 34

Maintaining standards of care helps avoid lawsuits

Answer 35

Provide correct level of assessment Analyze/interpret assessment data accurately Plan care of client, identify expected outcomes - every patient is required to have a plan of care ex.: do not report patient as lethargic if they are just tired

Answer 36

A process, not just a patient's signature on a piece of paper Must contain three elements: Preconditions, Information, Consent Physician is responsible for obtaining Required by both Federal and State Law ***Students are NOT permitted to witness informed consent***

Answer 37

* Must be voluntary - patient was not coerced into signing consent * Must be competent - patient must have the ability to understand what they are signing * If patient is at least 18 and oriented, they are considered competent * Signature should be obtained before any sedatives or opioid medications are given * Ensure patient is in right state of mind and cognitive ability to make decisions. ex. not upset, too anxious or impaired from medication

Answer 38

Physician is solely responsible for this part Description of procedure Risks vs Benefits - material risks - those that are severe (death, neurological deficit) and those that occur frequently (bleeding, infection) All medically viable alternatives ex.: continued PT vs surgery Must be given in language that patient understands

Answer 39

RN signs as wetness to signature of patient If phone consent, must be witnessed by two individuals (physician and RN both need to be on phone to obtain consent) If patient is non-English speaking, a medical interpreter must be used to obtain consent

Answer 40

Life Threatening Emergencies - can treat without consent to save patient's life Can't obtain consent of a patient that has been pre-medicated Patient has a right to refuse treatment at any time - even on the operating table before procedure has begun

Answer 41

* Emancipated minor * HS graduate * Hx of pregnancy * Married * Lives independently from family (military)

Answer 42

* Surgical procedures * Administration of anesthesia (separate consent needed) * Administration of chemotherapy or radiation * Administration of a blood transfusion * Insertion of a surgical device or appliance * Administration of experimental device or medication * Specific consent forms must be used for autopsy, HIV testing, organ donation, ECT, Research, sterilization and breast surgery

Answer 43

Federal law requiring that drugs be classified according to risk/potential for abuse, medical use and safety risk * Schedule I - highest risk - Heroin, marijuana, ecstasy * Schedule II - high risk - morphine, opium, cocaine, fentanyl, methadone, phenobarbital * Schedule III - moderate risk - tylenol w/ codeine, anabolic steroids, buprenorphine, ketamine * Schedule IV - lower risk - alprazolam, clonazepam, lorazepam, midazolam, diazepam * Schedule V - lowest risk - cough medicine with codeine, ezogabine

Answer 44

Encourages healthcare providers to help victims in an emergency Protects healthcare workers from potential liability Nurse is responsible for following through with emergency care \*\*\* If you start care you must continue or follow through until ambulance or help arrives.

Answer 45

PA's book that defines scope of practice for nurses

Answer 46

Defines scope of practice, standards for educations programs, licensure requirements, grounde for disciplinary actions Enforced by state boards of nursing (BONs) NPA May vary from state to state

Answer 47

Allows nurses legal privilege to practice as defined by each state's NPA Each BON oversees administration of a licensure exam

Answer 48

Writes NCLEX exam for RNs and LPNs Nurse is required to meet responsibilities to clients, healthcare system Membership of all 50 states, DC and four US territories Provides services to member of BONs *NOTE: NCLEX is administered by SBON*

Answer 49

PA SBON oversees professional misconduct and handles any disciplinary action Actions can be taken against any nurse found guilty of: Giving false information, withholding infomation Being convicted of a crime Taking patient's medication Substance abuse (common cause of disciplinary action)

Answer 50

Mutual recognition model Single license that confers privilege to practice in other states Nurse held accountable to adhering to the laws and rules of state Similar to driver's licence Non-compact state requires specific state license to practice in that state

Answer 51

Credentialing requires additional education or certification in a specialty through the American Nurses Credentialing Center (ANCC)

Answer 52

* Ensure client safety * Know facilities policies, procedures before undertaking any clinical assignment * Ensure knowledge about client;s condition, interventions, medications, treatments * Never perform care if unprepared * Seek help before beginning procedure if unsure \*\*\*Students do not practice on a faculty member's licence. The only individual that can legally practice on a license is the individual whose name appears on the license. \*\*\* Student nurses are held to the same standard as an RN.

Answer 53

Health Insurance Portability and Accountability Act More that just about patient confidentiality Minimizes exclusion of preexisting conditions Designates special right for those who lose other health coverage Protects all individually identifiable health information Notice of privacy practice is given to all patients upon admission to hospital or at visit to HCP office

Answer 54

Right of individuals to keep their personal information from being disclosed

Answer 55

Assurance client has that private information will not be disclosed without client's consent ## Footnote *Breach of confidentiality can also be invasion of privacy*

Answer 56

Never post patient's name on door Printed copies of HPI not kept on printer/fax Never take home HPI/nurse handoffs Password required to access patient charts Lower voice levels in nurses' station Keep charts in a secure, non-public location Do not participate in gossip Curb others from participating in breaches of confidentiality

Answer 57

Right to informed consent guaranteed by federal law States have additional laws protecting patients Health care facilities' patient bill of rights ANA Standards of Practice, Code of Ethics Joint Commission standards for accreditation Speak Up Program

Answer 58

Patient Rights from the Joint Commission Patients have the right to: * Be informed about their care - view chart * Get information in their language - understand * Get information in a way that meets their sensory needs - large font, verbal instructions, etc. * Make decisions about their care * Refuse care * Know the names of their caregivers * Safe care * Have their pain addressed * Care that is free from discrimination * Know when something goes wrong * Get a list of all medications * Be listened to * Be treated with courtesy and respect * Have a personal representative \*\*\*Along with every right comes a responsibility. Patients are responsible for reciprocating some these things towards staff as well.

Answer 59

Following ANA Code of Ethics - best bet to stay out of trouble and avoid law suits Adhere to employer's policies Make use of additional resources Identify appropriate individual to provide informed consent -whether it is patient, parent, durable POA, etc Written materials in client's spoken language - available through NIH

Answer 60

Legal document Expresses and individual's desires regarding medical treatment Document to make an advance directive can be given to patient by nurse Can include a living will

Answer 61

Document that determines what measures patient wants at end of life

Answer 62

Assigns person to make decisions on patient's behalf in the event that they become unable to make decisions for themselves. Can also be referred to as Proxy, Surrogate

Answer 63

* Consent to or refuse medical treatment or diagnostic procedure * Hire or discharge medical providers * Authorize admission to medical and long term care facilities * Consent to comfort care, pain relief measures * Have access to all medical records * Take any measures to carry out wishes \*\*\*Choose person that can be trusted to carry out your wishes

Answer 64

Reassure clients and families that they have option to change their decision when competent Assess whether clients, families have accurate understanding of life-sustaining measures Be supportive of clients' decisions

Answer 65

System of moral principles or standards governing behaviors and relationships Standards of right and wrong

Answer 66

Private, personal standards of right and wrong

Answer 67

Person beliefs about truth and worth of behaviors, thought, objects Values influence ethical conduct Things we value have worth to us

Answer 68

Interpretations or conclusion that one accepts as true ex.: religious beliefs

Answer 69

Nurses acquire by socialization into nursing profession by faculty and other nurses (formation), clinical and life experiences, following established code of ethics

Answer 70

* Altruism * Autonomy * Human Dignity * Integrity * Social Justice

Answer 71

* Comfort * Teaching * Communication * Advocacy

Answer 72

At times nurses need to assist patient's to reach decisions about their own care Purpose: Client's values influence, relate to problem Helpful when there is conflicting values so that problems can be resolved Process: List alternatives Examine possible consequences of choices Choose freely; feel good about choice Affirm choice Act on choice Act with pattern -making the same decision if faced with making choice again

Answer 73

**Autonomy** - right to self determination (choose or refuse care) **Beneficence** - positive action to help another person **Non-maleficence** - do no harm **Justice** - fairness **Veracity** - truthfulness **Utility** - doing the greatest good for the greatest number (ex. socialized healthcare, vaccinations) **Fidelity**- keeping your word

Answer 74

General codes of ethics - expectations that nurses live and practice by These are guides we use as a social contract with the public 1. ANA Code of Ethics for Nurses (what we follow) 2. International Council of Nurses (ICN) Code of Ethich

Answer 75

Right to self-determination RN primary commitment to the client Autonomy in research, Privacy, HIPPA The responsibility and accountability for each nurse's actions and judgments belongs to the individual nurse Creating a supportive and health work environment Shaping public policy

Nursing 101; Legal and Ethics Flashcards

(100 cards)