Test 1 Flashcards
1
Q
What are the MO board of nursing disciplines?
A
Censure, probation, suspension, revocation
2
Q
What are the KS board of nursing disciplines?
A
Denied, limited, revoked, suspended, stay of suspension, private censure, public censure
3
Q
Censure
A
Basically a point on your license, if you receive enough you will be disciplined further
4
Q
Probation
A
imposes additional terms and conditions to a license
5
Q
suspension (suspended)
A
nurse may not practice, but still retains license
6
Q
revocation (revoked)
A
nurse may not practice, does not retain license
7
Q
A license is considered…?
A
your property
8
Q
Since a license is property, legally it…?
A
cannot be taken without due process, is subject to regulation, can be taken/restricted with just cause, and just cause must be proven by the state
9
Q
State Board of Nursing
A
Administrative arm of state government and serves as the legal body to oversee the practice of nursing in the state
10
Q
What does the practice committee do?
A
Assists the BON in developing strategies to address current and evolving issues r/t nursing and acts as a resource to the public, nurses, employers
11
Q
What does the executive committee do?
A
Provide leadership in making decision r/t protocols, operating budget, etc..
12
Q
What does the education committee do?
A
Assist the board in safeguarding the health and welfare of the public
13
Q
What does the licensure committee do?
A
Assist the board in developing, refining, and monitoring policies and procedures relevant to licensure by examination, endorsement, and renewal
14
Q
What does the discipline committee do?
A
guards the public through vigilance of the licensee’s compliance with the Nursing Practice Act.
15
Q
Where can complaints come from?
A
Individuals, employers, public entities, nurses, other agencies, the BON
16
Q
I-M-N-F-M-D?
A
Incompetency, misconduct, gross negligence, fraud, misrepresentation, or dishonesty
17
Q
Enabling?
A
Violating the NPA or assisting and/or enabling another person to violate the NPA
18
Q
What is NURSYS?
A
Centralized data bank of regulatory information on nurses, each state reports disciplinary actions to NURSYS
19
Q
Religious Suffering
A
Viewed as a dichotomy. It is part of human existence, character and empathy is develops, highest duty to care for the suffering
20
Q
Philosophical Suffering
A
It is part of human condition, humans have right to avoid suffering. Drives assisted suicide argument.
21
Q
Medical Suffering
A
If there were no suffering, there would be no need for health care
22
Q
Personal Suffering
A
Value in being a “wounded healer”, those who suffer can more closely connect with the suffering
23
Q
Compassion
A
The antidote to suffering. It is the awareness of the suffering and a wish to relieve it.
24
Q
Where to Values arise from?
A
Faith belief, culture, upbringing, society, philosophy, experience
25
Morals
Outward expression of values
26
Ethics
Approaches to life events that drive decisions, arise from personal value systems
27
Ethical dilemma
situation in which an individual is compelled to choose b/w two actions that will generate a quandary
28
Deontology
Humans have the duty to do the right thing. The duty relies on the action itself, not necessarily the outcome
29
Teleology
Utilitarianism/Consequentialism the right/wrongness of an action is based on the consequences not necessarily the action itself. Do the most good for the most people.
30
Nursing ethical principles
Nonmaleficence, beneficence, autonomy, justice, veracity, fidelity, respect/compassion, privacy/confidentiality
31
Nonmaleficence
do no harm
32
beneficence
to promote good
33
autonomy
the right to choose for oneself
34
justice
the obligation to be fair to all people
35
veracity
to be truthful in both commission and omission
36
fidelity
loyalty to another, faithful, to keep promises
37
respect/compassion
to treat with worth and dignity
38
privacy/confidentiality
respecting the right for non-disclosure, protecting disclosed information
39
Nursing code of ethics
respect, primary commitment, promotes/protects the health/safety/right of patient, accountability, owes duties to self, maintain/improve healthcare environments, advances profession, collaboration, responsible for the integrity of the profession and shaping social policy.
40
Standards of Practice
Assessment, diagnosis, outcomes identification, planning, implementation, evaluation
41
Implementation (standard of practice)
Prescriptive authority and treatment, Consultation,
| Coordination of care, Health teaching and promotion
42
Standards of Professional Practice
Leadership, resource utilization, evaluation, environmental health, education, quality of practice, R&D, communication, collab, ethics
43
Aikens Decision making model
collect/analyze/interpret data, state dilemma, consider choices of action, analyze advan/disadvan of each option, make decision
44
Pro/con of Aikens
Pro - organized, nursing process orientated
| Con - no action after decision, no evaluation
45
ETHICAL decision making model
Examine the dilemma
Thoroughly comprehend possible alternatives
Hypothesize arguments
Investigate/compare/eval arguments for each alternative
Choose the alternative
Act on chosen alternative
Look at the dilemma & examine outcome
46
What is APRNing?
minimum masters; clinical nurse specialist, midwife, anesthetist, practitioner, cert exam by profession (not state), separate license by state
47
the 2 measures of appropriate practice
must meet all ongoing requirements of license, meet the legal standard of care for nurses
48
3 branches of government?
legislative (statutory), executive (administrative), judicial (judicial)
49
law is organized into 3 categories:
criminal (against society), civil (against individuals), administrative violations (violation of regulations)
50
Criminal Law
either misdemeanor or felony, government is always prosecutor
51
Civil Law
Wrongs b/w individuals, wronged person receives damages (payment for restitution or a prohibition of the wrongful behavior
52
Major areas of civil law:
contracts, employment, torts, business, family, probate, property, etc...
53
Torts
A civil wrong for which a remedy may be obtained, usually in the form of damages or a breach of a duty that the law imposes on everyone in the same relation to one another
54
Types of Torts
assault, battery, false imprisonment, trespassing, conversion, negligence, defamation, invasion of privacy, intentional/negligent infliction of emotional distress, misrepresentation, strict liability, products liability
55
Battery
a harmful, offensive, or non-permitted contact with another, must be intentional
56
Assault
Apprehension of an imminent harmful contact, words not enough need action also.
57
False imprisonment
a sufficient act of restraint in a bounded area; patient must believe they are not free to leave and can not leave
58
Conversion
unauthorized taking or destruction of someone else's possessions.
Theft(also criminal), coercion, borrowed and damaged, borrowed without consent
59
Misrepresentation
misleading someone else, who relies on your expertise, in order for you to achieve personal gain of some kind.
60
infliction of emotional distress, intentional or not
behavior causes severe emotional suffering to the patient or family member and accompanies physical harm
61
defamation
a published, untrue statement about someone that damages their reputation, includes both slander (spoken) and libel (written)
62
conflict
opposing action of incompatibles, a fight
63
types of conflict
intrapersonal, interpersonal, intragroup, intergroup
64
destructive conflict
feelings of anger/frustration, judgemental actions, parties do not have needs met, refuse to deal with issues
65
constructive conflict
win-win solutions, open communications, needs being met, opposite of destructive
66
Conflict process
5 stages: potential opposition/incompatibility, congnition/personalization, intentions, behavior, outcomes
67
Stage 1: Potential opposition or incompatibility
Antecedent conditions: communication, structure, personal values
68
Stage 2: Cognition and personalization
Perceived or felt conflict
69
Stage 3: Intentions
Conflict handling intentions: competing, collaborating, compromising, avoiding, accommodating
70
Stage 4: Behavior
Overt conflict: Party's behavior and other's reactions
71
Stage 5: Outcomes
Increased or decreased group performance
72
Avoiding
Least assertive, least cooperative. conflict may grow as it is not addressed; diplomatically postpones an issue til a better time
73
Accommodating
high cooperative/low assertiveness. Individuals may neglect own needs; better ideas mean better rewards. Use this when outmatched and losing
74
Competing
high assertiveness, low cooperation. pursue own needs over groups; when an important/unpopular action needs to occur
75
Compromising
mid assertive/cooperation. when collaborating and competing fail, temp solution; difficult for everyone to compromise
76
Collaboration
high assertive/cooperation. Inefficient, unwise decisions; generates more solutions, more win-win
77
Core principles of communication
Makes others the focus
Pay attention to detail
Effective communication can be learned
78
What makes people feel valued?
Emotional engagement, effective listening, giving feedback, positive nonverbal messages
79
What makes you a good communicator?
Skill(not talent), finding common ground, keeping it simple, being interested, being inspiring, being congruent (trust).
80
Communication up?
Dominant or passive-aggresive boss: both should be prepared, informed, offers solutions, available, professional
81
Communication down?
Abandon business-speak, pick language carefully, know when to hold/share
82
Methods of communication?
video/phone conference, voicemail, email/text, inperson
83
Best mode of communication?
Either in person or audio/video conference with graphic and text support
84
Standards for HIT (health information technology)
HIPAA, HHS, AACN, there are no tele-health skills or certifications (HHS working on this)
85
Negligence
Unintentional TORT. Harm occurs d/t carelessness. Malpractice is negligence. Negligence is when Standard of Care is violated.
86
Gross Negligence
Excessive and/or deliberate carelessness
87
Negligence per se refers to:
self-evident negligence, violation of a specific statute/regulation (harm from violation to a person the statute intended to protect)
88
4 Elements of negligence:
Duty, breach, causation, harm
89
Duty?
Starts when you assume care of the patient, volunteering, providing care related to nursing expertise
90
What duties do we owe to patients?
protect, report when needed/required, obtain necessary medical care, educate, monitor to level needed, assess, advocate, basically the LEGAL standard of care
91
What is the legal standard of care?
The average degree of skill, care, and diligence exercised by members of the same profession under the same or similar circumstances. Licensure = minimum
SOC = average skill
92
Breach (of duty)
violation of SOC: failing to fulfill a duty, omitting a duty, or performing a duty below standard
93
Who/what determines duty, breach, and SOC?
fed/state law, regulatory agencies, nursing orgs, other orgs, policies/procedures, education, nursing/experts/literature
94
Federal/state laws r/t SOC
Determine legal definitions, each state different
95
Regulatory agencies r/t SOC
Fed agencies: Medicare, HIPAA
96
Nursing orgs r/t SOC
Define professional minimum SOC. ANA establishes general SOC. Specialty orgs establish specialty SOC
97
Other orgs r/t SOC
AMA, american diabetic association, AHA
98
Policy/procedures/guidelines r/t SOC
Establishes the nursing standard of care within your facility, must know these, includes printed instructions for meds/equip/supplies
99
Education/Literature r/t SOC
Level of education determines legal parameters of practice. Literature cited by P/P can be used to establish SOC in each agency
100
Nurse experts r/t SOC
Nurses who lead the field, have expertise in a certain area, can establish benchmarks, can testify in court
101
The COURTS
fed/state CIVIL courts determine if SOC is met with: nurse expert, fact witness, any sources for SOC.
Fed/state CRIMINAL court penalize nurses who violate CRIMINAL laws
102
Causation
Even if nurse does absolute best, if SOC is not met then negligence occurs only if it results in harm to a patient. 2 types of causation: direct/proximal
103
Direct Causation (but-for)
the nurse's action was a substantial factor to cause damages
104
Proximal causation (foreseeability)
there is a "more likely than not" chance that the nurse's action caused the harm and the nurse could/should have foreseen that their actions would result in harm to the patient; an unbroken chain of events flowing form the breach
105
Harm
harm that occurs to the person as a consequence of negligent action. can be physical, emotional, economic
106
So.. back to malpractice/professional negligence... this only occurs WHEN:
```
SOC not met AND:
A duty existed AND
The duty was breached AND
The breach CAUSED
Harm to occur
Even if unintentional
```
107
State BON can discipline malpractice if:
sued or not in civil court, found liable in civil court, crimes committed or "no contest" pleas, or breach of the NPA even if patient is not involved
108
Even if BON doesn't discipline
A nurse can still be sued and/or prosecuted for a crime
109
Can the nurse be prosecuted in criminal court, sued in civil court, and disciplined by BON all at the same time?
OF COURSE
