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expiration date, and whether any board action has taken place. (PĚR-sŭn-ăl lī-ă-BĬL-ĭ-tē, p. 137) There are two forms of regulation under which we practice as nurses and midwives: statutory regulation and self-regulation. Modifications of care are unnecessary, and patient response is predictable. On completing this chapter, you will be able to do the following: Explain the difference between criminal and civil action. To become law, each state must pass the law as part of their state Nurse Practice Act. Health Insurance Portability and Accountability Act (HIPAA) Explain how you would legally deal with two difficult situations that might occur in a clinical setting. Common law often generate from the decisions of … Modifications of care are unnecessary, and patient response is predictable. 5. All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. Punishment for breaking law Basic terminology in a Nurse Practice Act remains standard in many states. • Slander is defamation by verbalizing untrue or private information (gossip) to a third party. For instance, in some states nurse-midwives are regulated by a Board of Midwifery or public health. • Functions of the state’s board of nursing Residents must be informed of their rights upon admission, and must be given their rights in writing if so requested. • Law: Decisions that have been arrived at in similar cases brought up before a court (judge-made law). • Probation If the patient is fully competent, is not pregnant, and has no children, the court is likely to rule for the patient even if a blood transfusion would save his or her life. Chemical restraint (with medication) is defined as administering a PRN medication with a sedating side effect every 4 hours to keep the patient tired and in his or her room. Statutory Law is the term used to define written laws, usually enacted by a legislative body. physician-assisted suicide (PAS) Order 2002: 2002 No. Employers are able to use this option to comply with requirements for written verification of a nurse’s registration by The Joint Commission (TJC). Explain the limits of nursing licensure within your state. All states and provinces have examining councils that provide nursing examinations for licensure and review complaints that can lead to revocation of a license. 923: UK Statutory Instruments: The Nursing and Midwifery Order 2001 (Consequential Amendments) Order 2002: 2002 No. On successful completion of the examination, the graduate receives a nursing license. b. Differentiate between the living will and durable power of attorney. A trial judge’s ruling lays down a legal principle and sets a precedent. Sources of law 1. (fĭ-ZĬ-shŭn ă-SĬS-tĕd SOO-ĭ-sīd, p. 144) Now there are two national data banks that make it easier to track disciplinary action of LPNs/LVNs in other states. In 2003, the National Association for Practical Nurse Education and Service Inc. (NAPNES) issued a professional guideline for LPNs/LVNs titled “The LPN/LVN Fulfills the Professional Responsibilities of the Practical/Vocational Nurse” (see Appendix B). a. See Appendixes A and B. Others might interpret the law in another way. (FĚL-ō-nē, p. 134) Nursing licensure Licensed nurses are also accountable to both their employers and their state nursing boards (see Chapter 21). 14. During a delegated medical act, a physician’s order is given to a registered nurse (RN), an LPN, or an LVN by a physician, dentist, or podiatrist. Licensed nurses need to be aware of specific training that UAPs have had and facility job descriptions so they can safely make assignments. Under general supervision, a supervisor regularly coordinates, directs, or inspects nursing care and is within reach either in the building or by telephone. 4.    Try This • Complaint is reviewed: The LPN/LVN receives a notice of the hearing, which will be before the state board of nursing or a state officer. Intentional torts require a specific state of mind—that is, that the nurse intended to do the wrongful act. Given the variation between APRNs and related state statutes, rules and regulations, it is essential that APRNs have a clear understanding of how their scope of practice is defined by those laws and regulations, as well as any opinions promulgated by the state regulatory agency. The phrase “You are held to the nursing standard of care” has important legal implications. Now there are two national data banks that make it easier to track disciplinary action of LPNs/LVNs in other states. The disciplinary process is based on law and follows the rules of law. • Practical/vocational nursing programs: Based on guidelines provided by the board of nursing, these programs guarantee a minimum knowledge base and the clinical practice necessary to provide safe nursing care. 15. Differentiate between common law and statutory law. State boards of nursing (sometimes called nurse regulatory boards) have committees or councils that decide whether specific activities are within the scope of LPN/LVN practice in their state. nursing standard of care A federal statutory law is introduced in the House of Representatives and the Senate as a public law bill. Define the nursing standard of care. • Administrative rules of the board of nursing. Eight general categories of disciplinary actions can be taken against nurses. Statements from the NAPNES and NFLPN. • Nonrenewal of license The state Nurse Practice Act defines nursing practice and establishes standards for nurses in your state. The Nurse Practice Act is an example of statutory law. Nursing home residents returning from a hospital or therapeutic leave after expiration of the bedhold period have the right to be readmitted as soon as the first semi-private bed becomes available. complex nursing situation Relationships between private individuals and infringements on individual rights An example of state statutes are the Nurse Practice Acts found in all 50 states (see Chapter 1). Ignorance of your state’s Nurse Practice Act is never a valid defense against any legal proceeding regarding your license. However, institutional policies may be stricter than state law. civil action battery The patient’s clinical condition is predictable. These orders do not contain complex modifications. vicarious liability Use of the titles licensed practical nurse and licensed vocational nurse Treating a patient without consent is battery even if the treatment is medically beneficial. The legal system in both the United States and Canada originates from English common law. If a question about care ever comes up in court, a lawyer will use the agency’s policy and procedure manual as one guide to expected behavior. Law passed by Congress or enacted by state government. Employers are able to use this option to comply with requirements for written verification of a nurse’s registration by The Joint Commission (TJC). • Unintentional: An unintentional tort did not mean to harm the patient. multistate licensure (Nurse Licensure Compact) • Carrying out disciplinary action for violators • Sworn complaint: Filed against the LPN/LVN by a person, health care agency, or professional organization. This means that it is possible to work in another state without repeating the NCLEX-PN® examination, after you meet that state’s criteria for licensure by endorsement. Defamation “I did not mean to hurt the patient” is no defense when you did not use the “Rule of 5” and gave the patient an incorrect medication, which caused injury. Types and Examples of Statutory Law which are laws that govern nursing practice. 5. The verification system enables potential employers to call and obtain a nurse’s license number, registration expiration date, and whether any board action has taken place. Specific functions of the LPN/LVN Can an APRN administer IV anesthetics for intractable pain? You may also needThe NCLEX-PN® ExaminationThe Health Care System: Financing, Issues, and TrendsFuture Career Decisions: Choosing What Is Right for YouSpiritual Needs, Spiritual Caring, and Religious DifferencesEthics Applied to Nursing: Personal Versus Professional EthicsPersonal Health Promotion: A Role Model for PatientsCultural Uniqueness, Sensitivity, and CompetenceHealth Care Settings: Potential Job Sites The legal guidelines that nurses follow come from statutory law, regulatory law, and common law. Libel and slander are included in this category and are described as follows: A civil action protects individual rights and results in payment of money to the injured person (e.g., a back injury was sustained during a fall because spilled urine was not wiped up. See Box 12-1 for common board of nursing functions. The law also prohibits the transfer of unstable patients (including women in … Battery means to cause physical harm to someone. State. If the patient is fully, The Health Care System: Financing, Issues, and Trends, Future Career Decisions: Choosing What Is Right for You, Spiritual Needs, Spiritual Caring, and Religious Differences, Ethics Applied to Nursing: Personal Versus Professional Ethics, Personal Health Promotion: A Role Model for Patients, Cultural Uniqueness, Sensitivity, and Competence, Health Care Settings: Potential Job Sites, Success in PracticalVocational Nursing From Student to Leader, Relationships between private individuals and infringements on individual rights, Relationships between individuals and the government (state), U.S. Constitution, state and federal legislatures, Murder, rape, larceny, homicide, manslaughter, assault and battery, embezzlement. : STATE BOARDS OF NURSINGWRITES RULES AND REGULATIONS TOENFORCE & IMPLEMENT NURSEPRACTICE ACT, WHICH WAS CREATEDBY STATUTORY LAW. Guilt on the part of the nurse needs to be established by producing proof beyond a reasonable doubt. 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