Nurses are required to adhere to the nursing practice acts and board of nursing rules that hold the force of the law, as well as practice to the level of their knowledge and skill and intervene/advocate on behalf of patients at all times as set forth by the standards of professional nursing. The purpose of this course is to present key topics related to nursing documentation. Such exclusions, delays or denials may constitute discrimination on the basis of national origin, and in violation of Title VI". Some examples of these Acts are outlined in Clinical Interest Box 3.2. Nurses, Nursing practice, Legal aspects, Ibadan, Nigeria 1 Introduction Nursing encompasses autonomous and collaborative care of individuals of all ages, families, groups and communities, sick or well and in all settings. Some examples include the law of consent, and the law of assault and battery. 2.5 Use common legal terms associated with nursing practice with a clear understanding of their meaning and implications for nursing practice. CLINICAL INTEREST BOX 3.1 Functions of law in nursing. All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. “Current significant investigative information” means: (a) investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the nurse to respond if required by state law, has reason to believe is not groundless and, if Failure to follow standards of care, including failure to: Failure to use equipment in a responsible manner, including failure to: Failure to communicate, including failure to: Only gold members can continue reading. She got her bachelor’s of science in nursing with Excelsior College, a part of the New York State University and immediately upon graduation she began graduate school at Adelphi University on Long Island, New York. C. Therefore, it is the legislative intent and the purpose of this Part to promote, preserve, and protect the public health, safety, and welfare by regulating nursing education and practice and ensuring th at any individual practicing or offering Nursing practice extends to any paid or unpaid role where the nurse uses their nursing skills and knowledge. Currently, a practising certificate or renewal of registration must be obtained from the Nurses Board in each state or territory annually by a person who is registered or enrolled and intends to practise in any branch of nursing. A.Nurse Practice Act: each state has one to protect nurses’ professional capacity, to set educational requirements, to distinguish between nursing and medical practice, to define scope of nursing practice, to legally control nursing through licensing, and to define standards of professional nursing. Legal Concepts and Terms Please note, in order to simplify the concepts in this lesson, all the terminology will be defined as it pertains to the practice of nursing. An introduction to legal aspects of nursing practice∗ Judith Mair LEARNING OBJECTIVES Upon completion of this chapter, the reader will have gained insights into: • the basics of the Australian legal system • basic principles of law applicable to nursing practice • the legal rights of patients • … For example, the compliance with the Centers for Medicare and Medicaid Services must be adhered to, state laws relating to professional licensure and mandatory reporting must be complied with, and local laws relating to the disposal of biohazardous waste must also be followed without fail. In the Nursing and Midwifery Order 2001, the Nursing and Midwifery Council (NMC) must establish minimum standards and requirements … A contract gives rise to rights and obligations that are protected and enforced by the law. Directions are unclear, unethical, illegal or against the policies of the health care agency. Malpractice is an act of omission or commission that does not meet established standards of care and causes some injury. The most important element in nursing best practices is communication — especially during a shift change. CLINICAL INTEREST BOX 3.2 Specific acts relevant to the nursing profession. The number of malpractice payments carried out by nurses grew from 253 to 413 between 1998 and 2001. If a nurse gives care that does not meet accepted standards, the nurse may be held liable for negligence; for example, if the nurse’s actions result in harm to a client. 2 Part of this duty to the patient is to provide for complete and accurate reporting and documentation. Gravity. Administrative due process guarantees nurses certain rights through the process (see Figure 3-3). Spell. Start studying Ch 23: Legal Implications in Nursing Practice. Each state or territory Act is divided into sections, each one of which deals with a specific aspect concerning registration. Focus topic: Legal Aspects of Nursing —mandatory licensure required in order to practice nursing. 3. Many legal issues focus on nurses’ professional negligence, employment, discrimination and licensing. All citizens should be aware of their legally defined rights and responsibilities, and should have an understanding of the laws that govern their personal and professional lives. It became clear though in the lectures that, as nurses, we work in situations that give us a privilege in working with individuals, including care of their physical and emotional needs. She graduated Summa Cum Laude from Adelphi with a double masters degree in both Nursing Education and Nursing Administration and immediately began the PhD in nursing coursework at the same university. She began her work career as an elementary school teacher in New York City and later attended Queensborough Community College for her associate degree in nursing. Australian nurses are also required to adhere to the Code of Professional Conduct for Nurses in Australia (ANMC 2003, see Online Resources at the end of this chapter). PRESENTED BY: S. LINDA M.Sc. Civil laws are concerned with the relationships between people. Ethics, simply defined, is a principle that describes what is expected in terms of right and correct and wrong or incorrect in terms of behavior. I need some assistance with these assignment. Health care professionals practice in an environment that is complex, with many regulations, laws and standards of practice. Both law and ethics are related to politics. professional nursing practice. As the Acts vary from state to state and territory, nurses are advised to become familiar with the specific Acts relevant to their place of nursing practice. Nurses, therefore, must provide all aspects of nursing care according to established standards of care, in a safe and competent manner, and also done in a complete, appropriate and timely manner. the wrong medication being administered), failure to communicate important information about a client’s condition, and failing to take appropriate measures so that a client has consequently sustained an injury (e.g. Let’s test your knowledge about the nursing process with this 25-item questionnaire. Nurses are responsible for the safeguarding and respecting the clients' personal possessions and valuables; they must also NOT, under any circumstances, borrow or steal their personal possessions and valuables. For example, a person found to have broken the civil law will usually be required to pay a sum of money to the person alleging personal or property loss or damage. professional nursing practice. Although policies and procedures relating to the safeguarding of clients' personal possessions and valuables may vary a little from one healthcare facility to another, these policies and procedures typically include discouraging clients to retain personal possessions and valuables while hospitalized, and then securing maintained and retained personal possessions and valuables in a locked and secure safe using an envelope that fully documents the client's name, room number and the contents of the envelope, including things like jewelry, cash and credit cards, that were collected from the client with their permission. As employers of nurses it is vital that general practices understand the professional responsibilities and accountability of both nurses and general practitioners. An employer, such as the board of management of a hospital, is legally responsible for the acts committed by all employees in the course of their duty. Actions of omission and commission that lead to client injury place the nurse in jeopardy for malpractice. Practicing without a current and valid license is illegal and it amounts to pra… 5. Continuing Education courses listed in this Legal Regulatory category will inform you about a wide range of Legal Regulatory related topics that will help to enhance your nursing practice. Final year JINSAR 2. Nurses are also expected to comply and adhere to other national, state, and local laws and regulations. Criminal laws are concerned with offences against people and their property. State laws that are specific to nursing practice are typically called nursing practice acts and associated rules and regulations. While the client is not required to sign a document, they will have entered into a contract as to the nature and extent of their proposed treatment. APRN is a term used to encompass certified nurse midwife, ... Johnson Foundation, 2013). The law serves a number of functions in nursing: There are, in each Australian state and territory, various Acts, which are laws created by a Parliament. Established by the nurse practice act that your are legally responsible for. Laws: 1. impose a duty to conform to a specific standard, 2. apply to all nurses, 3. can be enforced. Our legal framework; As the independent regulator for nurses, midwives and nursing associates, what we do is set out by legislation. It is imperative they have a sound understanding of various ethical, legal and professional issues they will face during their careers. Acts of Parliament are commonly referred to as legislation and are often accompanied by Regulations that give directions to be followed to comply with the intent of the Act. ... and demonstrate competence to practise under the Health Practitioner Regulation National Law as an enrolled nurse in Australia. Sec. Some of the conditions that nurses are mandated by law to report some communicable diseases, gunshot wounds, and child and/or elder abuse or neglect. The practice of nursing, while a property In certain situations, however, the board has the right to summarily revoke or sus-pend a nurse’s license when the nurse pres-ents an immediate danger to public safety. All trademarks are the property of their respective trademark holders. The principles of nursing practice describe what everyone, from nursing staff to patients, ... and in a way that meets the requirements of their professional bodies and the law. Tingle and Cribb (2002) identify that one of the key areas that highlights the development and maturing of nursing practice within recent years is that there is more of a focus on developing nurses understanding and knowledge surrounding the concept of ethics and law. It is important to be aware of the distinctions between criminal and civil law. Law and ethics are related. apply legal and ethical parameters to nursing practice Thank you in advance for the help! Nurses have a responsibility, to themselves and their clients, to refuse to perform an activity if: A contract is an agreement between parties that is legally enforceable because of mutuality of agreement and obligation. In a clinical setting, the term “shift change” may be used interchangeably with any of the following: Handoff. The laws define the boundaries of that privilege and make clear what nurses’ rights and responsibilities are. exploring a key nursing concept Thank you in advance for the help! At NURSING.com, we believe Black Lives Matter , No Human Is Illegal , Love Is Love ️‍, Women's Rights Are Human Rights , Science Is Real , Water Is Life , Injustice Anywhere Is A … For example, nurses are held to ethical principles contained within the American Nurses Association Code of Ethics. Documentation; for example, of incident reports, Acts; for example, their relevant Nurses Act, They are asked to do something that is beyond the legal and professional scope of his or her role, They have not been prepared to perform a function safely. Best Practice for Nurse-to-Nurse Shift Change. Nurse Executive Advanced (NEA-BC) is a registered nurse who has a master's degree in nursing or doctorate of nursing practice or holds a bachelor's degree in nursing and a master's or doctorate in a related field.