week 4 Flashcards
(27 cards)
what is a fiduciary relationship with patients
nurses provide a service that the patient will trust because of the type of service
what is a legislation
laws developed with a specific intent. usually provincially
what is a regulation
the act of being registered in a professional capacity
what is a regulatory body and whats it responsible for
-accountable to the public for ensuring safe, competent, and ethical nursing care
-for practical nurses, RN/ nurse practitioners, registered psychiatric nurses
-nurses must maintain “registration” with thier regulatory bodies to be considered practicing in a legal capacity
how does a nurse become registered
-write the NCLEX-RN exam
- register with regulatory body
6 VIP requirements
1. nursing education from an approved educational institute
2. evidence of recent practice (you get tis at step 1)
3. pass the jurisprudence exam
4. proficiency in english/french (only french in quebec)
5. past offenses and legal findings
6. attestation of health and good conduct
the role of the regulatory body and 2 pieces of legislation that impacts nursing and allows it to be self-regulated
protect the public
1. RHPA-13 controlled acts, of which 4 are delegated to RNs, LPNs and 7 to NPs
2. nursing act 1991-outlines our scope of practice
what is the RHPA
-Regulated health professions act 1991
-regulates the actions of a profession as well as the responsibilities of the profession to maintain competence
- IDs the mechanism for investigation of complaints by the public as well as discipline
- outlines the scope of practice for that profession in the relevant act (nursing act)
-26 professions…one is nursing
what is a nursing act
-determines how the nursing profession is regulated in ontario
-contains the scope of practice statement and controlled acts authorized to nursing
- stipulates provisions and regulations specific to the nursing profession
-establishes the mandate of the College of Nurses Of Ontario
- defines the scope of practice for the nursing profession
what are standards of care and what do they do
-legal guidelines for nursing practice developed by regulatory body following the relevant legislation
-establishes an expectation of nurses to provide safe and appropriate patient care
-nursing practice acts
- provinicial/terrtorial laws regulating healthcare agencies
-professional and specialty nursing organizations…CNA
-written policies and proedures-institutional level
what is scope of practice laid out by
regulatory body
nurses can be subject to btoh types of laws…
criminal…federal
private (civil rights)… provinicial
legal liabilty-civil
Tort: civil wrong committed against a person
intentional torts
-assault: physical or verbal threat
-battery: intentional physical contact without consent
-invasion of privacy- unwanted intrusion into private affairs, release of confidential info, computers and confidentiality, social media
- false imprisonment: loss of individual liberty and basic rights
unintentional torts
-more common the legal actions brought upon nurses
-negligence: failure to uphold standards of acre
ex. meds eorris, IV injury, burns from equipemnt, falls resulting in injury, failure to use aseptic techniques
examples of negligence
-errors in sponge/instrument counts
-failure to give adequate report when theres a transfer of acre
- failure to monitor a patient’s condition adequately
-failure to notify the MRP or physician of a change in condition
-failure to properly delegate (ex asking someone who is not authorized to do a procedure to do it) or supervise
can be prevented with proper communication
what is criminal negligence
wanton or reckless disregard for human life or limb
legal liability-criminal..legal issues
-may be both criminal and civil
- informed consent falls here
Legal issues:
- abortion
- drug regulations and nurses
- communicable diseases
-end of life issues
- advance directives and health care surrogates
- organ donation
- mental health issues
- public health issues
examples of other legal implications
-short staffing-inadequate number of nurses to provide care
- abandonment
- floating-based on census load and acuteness of patients conditions
-physician’s orders-must be followed unless the nurse believes there is an error that violates agency policy or is harmful to patients
mental health issues
-can be admitted involuntarily or voluntary
- if admitted on a voluntary basis have the right to refuse treatment and the right to discharge themselves from hospital
- if the patient may cause harm to self or others, provincial/ territorial mental health legislation permits police to bring the person for examination and treatment without the persons consent
if a person is admitted by the police
form 1…72 hour stay
form 3…2 or 3 week stay
community treatment order
what do public health acts do
assist in the prevention, treatment and suppression of communicable diseases
public health issue-nurses legal responsibilty
-reporting suspected abuse and neglect
- reporting communicable diseases
- reporting other health-related issues to protect the public’s health
some provinces/territories have legislation regarding mandatory immunization
organ donation-legislation
-legally competent people are free to donate their bodies or organs for medical use
- legislation varies between provinces
- legislation for both inter vivos (live donors) and post-mortem (cadaveric) donations
examples of end of life issues
-definition of death (who can pronounce)
- legal right to refuse life-prolonging treatment
-euthanasia
- assisted suicide
-medical assistance in dying (MAID)
