Professional Documents
Culture Documents
Legal Aspects
of Nursing
Learning Outcomes
• State-based
– Separate license required for each state
– Challenged by changes in health care delivery
Certification
• Internal Standards
– Job description
– Education
– Expertise
– Institutional policies and procedures
Standards of Care (cont'd)
• External Standards
– Nurse practice acts
– Professional organizations
– Nursing specialty-practice organizations
– Federal organizations and federal guidelines
(MOH, Ministry of Higher Education)
Selected Nursing Legal
Responsibilities
• Informed consent
• Delegation
• Violence, abuse, neglect
• Controlled substances
• Impaired nurse
• Death and related issues
Informed Consent
• Purpose
– Provides client with complete information prior
to obtaining agreement by client to accept a
course of treatment or procedure
– The informed consent is the record of the
informed consent, not the informed consent
itself
Informed Consent
• Express Consent
– Oral or written agreement
• Implied Consent
– Individual’s nonverbal behavior indicates
agreement
– Medical emergency when a person cannot
express content because of physical condition
Informed Consent
• Essential elements
– Consent must be voluntary
– Consent must be given by client or individual
with capacity to understand
– Must be given enough information to be the
ultimate decision maker
Informed Consent
• Nurses Role
– Client gave consent voluntarily
– Signature is authentic
– Client appears competent to give consent
– Remind client they have the right to refuse
after signature on form continues after signing
consent
Delegation
• Gross negligence
– Extreme lack of knowledge, decision making,
or skill that should have been known that put
others at risk for harm
Malpractice
• Assault
– attempt or threat to touch unjustifiably
• Battery
– willful touching that may or may not cause
harm
Health Insurance Portability &
Accountability Act of 1996 (HIPAA)
• Includes four specific areas
– Electronic transfer of information among
organizations
– Standardized numbers for identifying
providers, employers, and health plans
– Security rule
– Privacy rule
Unprofessional Conduct