Unit 4&5 Flashcards

(146 cards)

1
Q

What is standards of care?

A

Patients are entitled to competent and safe, nursing care. The standards of care are established by:

job description of facility
Facility, policies and procedures
Patients NCP
State nurse, practice act
You are accountable for your own actions

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2
Q

Scope of practice

A

Every state establishes a scope of practice for each level of nurse, based on an educational preparation

Defines those duties that a nurse is considered, competent to carry out and authorized to perform 

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3
Q

Nurse practice act

A

It’s a law that governs the nurses actions it’s written to protect the public, and all states have a scope of practice, and all nurses must practice within their scope

This can change from State Annette to State

You must adhere to not only the state standards, but also your organization

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4
Q

What are the functions of the nurse practice act?

A

To establish a minimum standard of practice

To outline requirements of nursing licensure

Defines functions of a nurse

Explains use of the title, RN and LPN

Provides rules of conduct that may be enforced in the punishment, if rules are not observed

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5
Q

State board of nursing

A

Members are appointed by governor, and they represent Nursing, Nursing education, and the public

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6
Q

The mission of the board of nursing

A

To protect the public health, safety and welfare by assuring that Nursing is practiced by at least, minimally, competent individuals within their authorize scope of practice

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7
Q

Functions of the board of nursing

A

To protect the public safety and welfare

To protect nursing profession, in individual nurses safety

Determine and enforce the contents of the Nurse Practice Act for their state

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8
Q

What does the State board of nursing has the authority to regulate

A

Nursing practices

Nursing education

Continuing education-CEU

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9
Q

Additional things, the state board of nursing have the authority to do

A

Issue license for RN and LPN practice

Issue a citation in a warning

Revoked or suspended licensure

Place individuals on probation

Fine for practicing without a license

Fine for falsification of CEUs

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10
Q

In order to become a nurse you must

A

Meet state criteria and pass the NCLEX examination

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11
Q

What are the two different kinds of NCLEX exams

A

NCLEX - PN

NVLEX - RN

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12
Q

Reasons a license would be suspended or revoked

A

Drug and alcohol abuse – most frequent reason

Fraud, deceptive practice

Criminal acts previous disciplinary action

Gross or ordinary negligence

Physical or mental impairment

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13
Q

Precautions for nurses to take against lawsuits

A

Timely and accurate documentation

Knowing your scope of practice

Reporting incidences right away

Following facility policies

Honesty

Ask for help

Do not accept gifts

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14
Q

What is the liability of a nurse?

A

Being accountable or answering for your actions

In nursing, this is measured by the nursing standards of practice

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15
Q

Techniques to avoid liability suits

A

Deliver nursing care, according to the standards of care

Document all nursing care, accurately, and concisely

Follow your facilities, policies and procedures, do not deviate from these

Assess patient’s carefully and always look for risk factors

Concentrate on what you were doing when performing task and skills

Know your limits of your training, expertise and license, and do not practice beyond these limits

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16
Q

Student liability

A

Student nurses are responsible for their own actions, comparable to knowledge of nurses at the same education level

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17
Q

Student nurse liability

A

Performing according to the standards of care for their education and experience

Ask for guidance when they are uncertain

Student nurses are held to the same standards of care that would be used to evaluate the actions of an RN

Be familiar with agency policies and procedures

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18
Q

Malpractice – professional, liability, insurance

A

Nurses may need to carry their own malpractice insurance

They may not be covered under the employers liability insurance

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19
Q

What are CEUs-continuing education units

A

Online classes
Home studies
College courses
Organize courses through employment or Nursing organization
You must keep your own record of your continued education units -may be audited

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20
Q

In-service or staff development

A

Different than CEUs

Orientation of the new staff

Updating skills of employees

Educating about a new piece of equipment, policy or procedure

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21
Q

What does a diploma or degree indicate

A

It is written, academic achievement, a form of credentials, such as ADN, BSN, MSN

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22
Q

What are legal credentials?

A

It is your licensure to practice as an RN or LPN

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23
Q

How do you obtain other credentials?

A

By getting certificates in areas of special practice, such as pediatrics

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24
Q

Why is Nursing considered a profession?

A

Because we have identified and developed in four areas

Theory
Service
Autonomy
Code of ethics

Iowa central uses the BENNER-it is a theory moving from a novice learner to an expert

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25
Theory
Theoretical models to provide a knowledge base and framework for practice
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Service
Vital component of healthcare system Consumer and service space focus
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Autonomy
Independent, in decision, making and practice
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Code of ethics
Set of principles Accepted by all members of a profession Reflects moral judgment Serves as a guideline to assist professionals when conflicts or disagreement arises
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What is the CDC center for disease control?
It’s a federal agency of the United States, public health service, which focuses on epidemiology, prevention, control, and treatment of communicable disease
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What is OSHA, occupational safety and health act
Set standards for working conditions
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Controlled substance act
Set standards for proper storage, documentation and administration of these substances per doctors orders
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What is accreditation agencies?
It’s a voluntary non-governmental agency that grants status to institutions that have met predetermined standards Examples are: nursing programs – NLNAC Joint commission in hospitals
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If you fail to follow the policies and procedures of the institution and giving care
Exposes You as a nurse to personal liability, without protection from the institution Nurses must know the policies and procedures of their employers, and follow them
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Five rights of delegation
Right task Right circumstance Right person Right communication Right supervision
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Definition of law
System of rules, established and enforced by an institution
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What is federal regulation?
Federal laws affecting nursing practice, health insurance, portability, and accountability act, HIPAA
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Administrative law
Regulates law that governs the daily activities of various federal and state agencies Examples are: Food and drug cosmetic act National labor relations act Iowa nurse practice act
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Criminal law
Applies to law that protects the public and society as a whole and punishments are designed to the tear people from committing crimes
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What are the two categories of criminal law?
Felony and misdemeanor
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What is a felony?
Hey serious crime that may carry a penalty of state imprisonment or death
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What is a misdemeanor
A crime, punishable by fines, or less than one year in a local imprisonment jail
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Violation of criminal law in the nursing profession
Violation of narcotic law, this includes falsifying narcotic records Practice without a license With holding life support, this is considered murder Child, elder abuse Violation of nurse, practice act, even if no harm came to the patient
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What is civil law?
Civil law protects an individuals, personal rights, life, liberty, thinking, speaking privacy, etc.
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Examples of civil law
Contract laws Torts Protective and reporting laws
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What is a contract law?
Governs written, or implied agreement between individuals or an individual in an institution
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What are three kinds of contracts?
Formal contract Expressed contract Implied contract
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What are the three elements of a legal contract?
A promise statement between two legally competent individuals, stating what each must do or not do A mutual understanding of the terms, and obligations the contract and poses on each individual Compensation for lawful actions performed
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Informed consent
Patient must be mentally and physically competent adult It’s given voluntarily Obtained for invasive procedures, for therapeutic or diagnostic purposes Nurses may witness signature Physicians need to explain
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What is the responsibility of the physician to explain
What the treatment will be What the risk are What the alternatives are Who will perform the treatment Will the treatment be necessary
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What makes informed consent not legal
If the patient is confused, unconscious, mentally, incompetent, a minor, or under the influence of sedatives the informed consent is not legal
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What is a tort?
A wrongful act commission or failure to act omission that causes injury to another person or his property Subject to action in civil court, and can be compensated for damages Can be unintentional or intentional
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What is negligence?
Conduct a practice that falls below the standards, expected by an ordinary, reasonable and prudent nurse The conduct place is another person at risk of harm
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Malpractice
Is professional negligence where the professional fails to use the same care that a responsible prudent nurse would use under the same or similar circumstance This involves an unreasonable risk of harm to the patient
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What are the four things that must be present to prove malpractice?
Duty owed to the patient Breach of duty Causation Injury or damages
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Duty owed to the patient
A contract or responsibility to care for the patient that must be followed per facility, policies, procedures, job description, and standards of care
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Breach of duty
Failure to do something or should have done something based on standards of care
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Causation
Actions performed, or omission of actions must be proved to have legal caused the injury. A cause-and-effect relationship must be clearly established.
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Damages or injury
Harm or injury, was caused physically financially or emotionally
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Examples of unintentional torts
Failure to assess Failure to report Failure to document Failure to provide safety Delegating improperly Failure to follow standards of care Lack of knowledge Lack of skills Lack of acceptance or responsibility
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Examples of intentional torts
Willful act that violates another persons, rights or property Intent to do a wrongful act Assault Battery
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What is assault?
Any willful attempt or threat to harm another person?
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What is battery?
Any intentional touching of another persons, body without consent?
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Invasion of privacy
A patient has the right to have his medical condition or other personal information kept confidential at all times Freedom from unwanted exposure, keeping them covered
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HIPAA
Health insurance, portability, and accountability act Established in 1996 Standards set regarding the electronic exchange of health information Be careful not to mention name, room, disease, or any other information in the hall, elevator dining room, or anywhere else
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What is defamation of character?
When information is communicated to a third-party, and causes damage to the reputation
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Libel defamation of character
A persons reputation is damaged by something that is written
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Slander defamation of character
A persons reputation is damaged by something that is spoken
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What is false imprisonment?
Unlawful restraint on the freedom of a person, or an unlawful detention of of a person
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Lawful reasons to apply restraints
To protect from injury of self, or others without order, but must have order to continue use, and assess hourly Failure to use restraints when required is also negligence
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Protective and reporting laws
Good Samaritan law Patient abandonment Reporting obligation Controlled substance, dense act
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What is the good Samaritan law?
It’s a law that protects from liability for negligent acts that may occur when giving emergency care
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Patient abandonment
Walking out on your patient assignment
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Reporting obligation of a mandatory reporter
Adult or child abuse As healthcare providers, we are mandatory reporters We do not have to prove anything, only that there is suspicion or concerns
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Controlled substance act
Maintain concise records of dispensing wasting in storage of controlled substances Report unsafe, or impaired health professionals Reporting information may vary from state to state 
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What is an incident or variance report?
Intended to provide in-house improvements in care Administration records required by federal law so that agencies can see patterns and correct them Reports are written as soon as possible after occurrence and are accurate Examples are medication errors falls, and surgical mixups Reports are objectively written with fax with no finger-pointing and are not in medical records
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What is ethics?
Philosophy that examines the difference between right and wrong
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Code of ethics
Set of principles that are generally accepted by all members of profession
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Ethical principles
Guide, professional, practice, and decision making
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Autonomy
Refers to an individuals right to choose in the ability to act on the choice Example AMA against medical advice
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Fidelity
Duty to be faithful
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Justice
Refers to the principal of fairness to treat everyone the same
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Beneficence
Considering the patient’s best interest to do good for the patient
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Non-maleficence
The fundamental agreement to do no harm
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Responsibility
The execution of duties associated with the Nursing role
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Accountability
The ability to answer for your own actions
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Confidentiality
The requirement to keep personal healthcare information, confidential
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Veracity
Duty to tell the truth
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Advocacy
Look out or speak up for the right of others
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What is an advance directive?
It helps drive care and direction, and decides who will make decisions for the patient in a case that he or she is unable Decides the kind of medical treatment. The patient wants or doesn’t want a written instruction that is recognized under the state law. DNR comfort measures do not hospitalize organ donation Examples are power of attorney, DNR LivingWell
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Documentation
A legal document and can be used in court Forms may be different different, but basics are the same Way to show you have a legitimate knowledge base A way to show you function within the standards of care 
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Five professional values of nursing
Altruism Human dignity Integrity Autonomy And social justice
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Altruism
The selfless concern and actions for the benefit of someone else An example would be a nurse rushing to help someone in need sometimes ignoring the wrist to themselves and putting the needs of the client first
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Human dignity
Implies that each individual regardless of things, such as race, religion sex, gender, etc. has values and she’ll be respected simply because human beings are all equal
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Integrity
The quality of being honest, and having strong moral principles
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Autonomy
Is the right to self determination autonomy refers to the nurses responsibility to respect the clients right to make their own decisions regarding their healthcare
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Social justice
Is the awareness of the basic right to health and well-being being of every individual Change in health policy, aimed at analysts and critique of social structures, laws and customs that harm groups through exclusion. Every person has the right to quality healthcare.
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Ethical dilemmas
Situations where a critical choice must be made, but the solution may not be ethically acceptable Ethical dilemmas can also occur when the personal values of the nurses are different from those of the client When faced with ethical dilemmas, it is important for the nurse to abide by the code of ethics, regardless of their personal beliefs and values
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Ethical decision making
The process of evaluating and choosing options in an ethical, consistent manner, using ethical principles One vision of the ethical decision making process uses eight sequential steps
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What are the eight sequential steps to ethical decision making
Step one is there an ethical dilemma Step two clearly identify the ethical dilemma Step three identify possible solutions Step for apply ethical principles to the solution Step five include all relevant individuals and factors Step six decide on a solution Step seven review the decision Step eight put the decision into action
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EMTALA
Emergency medical treatment and labor act
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PHI
Protected health information
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What is a tort?
A tort is carrying out an act or failing to act against what is considered, reasonable or acceptable
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Examples of intentional torts
Defamation Battery Invasion of privacy Assault
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Examples of unintentional torts
Negligence and malpractice
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Examples of implied consent
Implied consent is for things that are invasive Insertion of a urinary catheter Initiation of an IV site Administering a pain med
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Examples of informed consent
Colonoscopy to screen for colon cancer Scheduled cesarean section Elective, cosmetic surgery Informed consent is for invasive procedures
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What is an advance directive?
A written statement of a persons wishes regarding medical treatment
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Whistle blowing
Reporting private information about an organization wrongdoing or illegal activity
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Examples of reportable diseases that are considered a significant public health risk
Measles and influenza
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Examples of non-reportable conditions of diseases or illnesses that are not considered significant public health risks
Pneumonia MRSA
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Sentinel event
An adverse event that should never occur
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ANA
American nursing association 
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Just culture
Values, supportive model of shared, accountability, and mindfulness
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Standards of practice
Explanatory statements that describe a competent level of care for all nurses using the critical thinking model known as the nursing process
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Standard of professional performance
Define competent behavior of all registered nurses were professional care is provided Define competent behavior of all registered nurses and licensed, practical nurses work hair is provided in an ethical manner with respect for cultural diversity 
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The sixth ethical principles of the nursing profession
Autonomy, beneficence, non-maleficence, veracity, fidelity, and justice
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The five professional values of nursing
Altruism, human dignity, integrity, autonomy, and social justice
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What process the nurse must complete to identify, assess, and develop their own personal value system
Value clarification
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What is the first step of the ethical decision making process?
To identify if an ethical dilemma exists
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A federal law that protects an individuals, identifying private and personal health information
HIPAA, the health insurance, portability and accountability act
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The two types of unintentional torts
Malpractice and negligence
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What is the nurses role when obtaining informed consent?
To witness the client signature
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What are two types of advance directives
Living will and durable power of attorney for healthcare
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What are the five rights of delegation?
Right task right circumstance, right person, right direction, and right communication, right supervision, and evaluation
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The ANA documents that addresses the expected values and ethical principles of the nursing profession
The code of ethics for nurses with interpretive statements
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The act requiring emergency departments to provide equal care for clients, regardless of their insurance status
The emergency medical treatment and labor act, EMTALA
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The physical and mental exhaustion that can cause the nurse to be unable to function safely
Nurse, fatigue
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The process of documentation that is in accurate and incomplete and misleading
Falsification of health records
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Nurse practice act NPA
A state law that explains the functions and responsibilities of the professional nurse Current laws and regulations, governing nursing practice in every state and territory of the United States 
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Scope of nursing practice
Sets for the service or activities that licensed professionals are deemed competent and permitted to perform
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Quality and safety education for nurses QSEN
Set of nursing competencies and proposed targets for the knowledge skills and attitudes that all pre-licensure nursing students should have obtained for entry to practice
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What are the QSEN competencies quality and safety education for nurses
Safety evidence based practice, patient centered, care, informatics, teamwork, and collaboration, quality improvement
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NLN
National league of nursing is a nationally known Nursing organization for nursing faculty, and Nursing educationleaders
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What are the National League of Nursing integrated competencies?
Professional identity Human flourishing Nursing judgment Spirit of inquiry
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Standards of professional performance
Defined competent behavior of all registered nurses where professional care is provided
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Standards of practice
Explanatory statement that describes a competent level of care for all nurses using the critical thinking model known as the nursing process
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What is the nursing process?
Assessment Diagnosis Planning Implementation Evaluation
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NCLEX
National council licensure examination Nationwide, standardized test for the examination and licensing of either registered nurses or practical nurses
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How many days does a nurse applicant have to complete the NCLEX exam
90 days
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Requirements for initial licensure
Verification of graduation Completion of a criminal background of the NCLEX exam Confirmation of successful completion of the NCLEX exam
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Requirements for renewal
Completion of continued education hours Confirmation of practice hours, and or activities
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Requirements for both initial and renewal licensure’s
Disclosure or disciplinary action, taken against any professional license Disclosure of any criminal record history Disclosure of reporting of any substance misuse within the previous five years
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NLC
Nurse, licensure compact An agreement by state licensing boards that allows a nurse to practice in any state that has adopted the compact under one license
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Reciprocity
Ability to transfer current state license to another, providing the nurse has an initial nursing license and is in good standings
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Credentials
Formal verification, and recognition of an individuals qualifications incompetence to provide service in their occupation
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Order to sign during a signature
Name, education, licensure, certification