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Part II. Health Care Delivery and Financing. Chapter 6. Law, Health Policy, and Public Health Nursing. Politics and Health Policy. Politics Art of influencing allocation of resources Public policy Formed by governmental bodies at all levels
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Part II Health Care Delivery and Financing
Chapter 6 Law, Health Policy, and Public Health Nursing
Politics and Health Policy • Politics • Art of influencing allocation of resources • Public policy • Formed by governmental bodies at all levels • Affect individual and institutional behavior
Politics and Health Policy • Healthy public policy • Creates healthy supportive environments
Models of Policy Formation • Kingdom • Three streams • Policy • Problem • Political • Window of opportunity
Models of Policy Formation • Schneider and Ingram • Social construction • Population classification • Advantaged • Contenders • Dependents • Deviants
Models of Policy Formation • Cobb and Elder • Systemic agenda items • Institutional agenda items
Models of Policy Formation • Cobb and Elder • Identifies six traits: • Specificity of issue • Social significance on society • Relevance of issue • Complexity of issue • Precedence • Interval of time
Models of Policy Formation • Political development in nursing • Stages provide framework for nursing involvement in politics
Stages • Stage I • Buy-in • Stage II • Self-interest • Stage III • Political sophistication • Stage IV • Leadership
Models of Policy Formation • Legislative process • Ideas for policy can come from anywhere • Analyze issues after formulating idea • Identify legislative contacts
Models of Policy Formation • Follows legislative process after policy draft • Drafted by member of congress • Placed on agenda • Amendments to bill • House and Senate vote • Bill enrollment • Ratified • Appropriations
Regulatory Process • Regulation • Rules based on legislation begins when signed into law • Regulatory agency assigned • Regulatory process for nursing practice • Boards of nurse examiners • Boards of nursing
Regulatory Process • Role of lobbyists • Persuade an official to comply with request • Represent interest groups • Role of public health nurse • Involvement in legislative process • Identify issue and become an expert • Build support and outline a plan
Enforcement ofLaws and Legislation • Liability or Tort • Intentional Tort • Assault • Battery • False imprisonment • Conversion of property • Intentional infliction of emotional distress
Enforcement ofLaws and Legislation • Negligence • Deviation from standard of care • Malpractice • Deals with professional standard of care • Elements of negligence/malpractice • Duty owed person because of reliance on the relationship
Enforcement ofLaws and Legislation • Breach of duty owed the person • Foresee ability of events expected to cause specific results • Injury related to breach of duty • Injury or harm may be physical, psychological, emotional, or financial • Damages may be awarded for injury
Laws Related to Public Health Nurse Practice • Laws related to health of children: • Minor consent • Statutes of limitation • Surgery on minor • Immunity • Communicable diseases
Laws Related to Public Health Nurse Practice • Minor consent for treatment of venereal disease • Pregnancy • Substance abuse/emotional disturbance • Child abuse and neglect
Laws Related to Public Health Nurse Practice • Laws related to adults: • Informed consent • Blood alcohol level • Organ procurement • Good Samaritan Laws • Patient’s rights
Laws Related to Public Health Nurse Practice • Communicable diseases • Durable power of attorney • Living wills • Gunshot wounds and poisonings
Laws Related to Public Health Nurse Practice • Public health nurses in varied settings • Clinics • Schools • Occupational settings
Laws Related to Public Health Nurse Practice • Home Health Care • Omnibus Reconciliation Act 1986 • Patient Self-Determination Act 1991 • Outcome and assessment information set • More autonomy • Increased likelihood of malpractice and negligence
Laws Related to Public Health Nurse Practice • Public Health Departments • Work with varied populations • Increased risk of litigation • Abuse • STDs • Elderly neglect