4. Legal Aspects of NursingLEARNING OUTCOMES
After completing this chapter, you will be able to:1.
List sources of law and types of laws.
Describe ways nurse practice acts, standards of care, and agency policies and proceduresaffect the scope of nursing practice.
Compare and contrast the state-based licensure model and the mutual recognition model formultistate licensure.
Describe the purpose and essential elements of informed consent.
Describe the purpose of the following legislated acts: Good Samaritan acts and Americanswith Disabilities Act.
Discuss the impaired nurse and available diversion or peer assistance programs.
Recognize the nurse's legal responsibilities with selected aspects of nursing practice.
Differentiate crimes from torts and give examples in nursing.
Discriminate between negligence and malpractice.
Delineate the elements of malpractice.
Compare and contrast intentional torts (assault/battery, false imprisonment, invasion of privacy, defamation) and unintentional torts (negligence, malpractice).
Describe the four specific areas of the Health Insurance Portability and Accountability Act(HIPAA) and their impact on nursing practice.
Describe the purpose of professional liability insurance.
List information that needs to be included in an incident report.
Identify ways nurses and nursing students can minimize their chances of liability.KEY TERMSadvance health care directives,
breach of duty,
burden of proof,