Nursing and the Law

1. Nursing and the Law NPN 215

2. Nurse Practice Act • Defines nursing practice and establishes standards for nurses • Involves basic standards which are standard in most states • Is in compliance with state regulations for health care • Includes the following content • Definition of nursing • Definition of LPN • Elements of unprofessional conduct • Functions of the state board of nursing

3. Nurse Practice Act • No employer/health care agency can give you permission to do something that your license/state’s Nurse Practice Act does not allow you to do!!! • Ethics in nursing deals with rules of conduct, what is right and what you ought to do in a particular situation • Ethical values are the basis of nursing law • Knowledge of your state’s Nurse Practice Act will help you in making nursing decisions and protect you against acts and decisions that could involve you in lawsuits and criminal prosecution

4. State Board of Nursing • Regulates the practice of nursing • Functions • Licensing and certifying • Setting fees • Establishes standards for educational programs • Determines duration and renewal of licenses (and CEU’s) • Carries out disciplinary actions for violators • Develops programs for impaired nurses • Suspends and revokes licenses and appeals

5. Disciplinary Process • Sworn complaint • Complaint review by state board • Finding of guilt or innocence • Suspend license • Place on probation • Non-renewal of license • Revoke license • Recommend drug rehab • Court review if necessary

6. Nursing Licensure • Completion of nursing education • Become eligible for taking N-CLEX after 120 hours of internship • After passing N-CLEX may function as an LPN • If unsuccessful may retake the exam • Cannot work as an LPN if has not passed exam

7. Standards of Nursing Care • Standard of care is based on an unwritten, usually acceptable way of giving care • This is supported by the nurse practice act • The hospital or agency where you work will have written policies and procedures, and you will be responsible for following these • If a question of care comes up in cort, you will be held responsible for these policies

8. Negligence • Conduct which falls below the standards of care established by law for the protection of others against the unreasonable risk of harm • Common type is personal injury • Good intentions does not enter in • It is your conduct, not your intent, that is the issue

9. Malpractice / Professional Negligence • Most common relates to action or lack of action • Most common sources of malpractice are: • Med and treatment errors • Lack of observation and timely reporting on the patient • Defective equipment or technology • Infections caused or worsened by poor nursing care • Poor communication of important information • Failure to intervene to protect the patient from poor medical care

10. Ways to Protect your Practice • Charting • Ask questions if you do not know how • Clarify orders • Stay informed about patients • Use all safety precautions • Accept responsibility for your actions • Careful delivery of medications • Treat your patients with respect and courtesy • Develop rapport with patients • BE ACCOUNTABLE FOR YOUR OWN ACTIONS • Stay within the scope of your practice

11. HIPAA (Health Insurance Portability and Accountability Act) • Law in effect on April 14, 2003 • Includes • Health insurance companies • Hospitals • Clinics • Doctors • Pharmacies • Other health groups