...Running Head: Professional Regulation and Criminal Liability Regulation of Nursing Practice and Legal Aspects Marie Alexandre University Of Phoenix HCS/430 - LEGAL ISSUES IN HEALTH CARE: REGULATION AND COMPLIANCE Instructor: LENORA SMITH July 4th 2011 Running Head: Professional Regulation and Criminal Liability Abstract The delivery of care within the health care system is a challenge because of the changes that are influencing health professional, patients and health care organization. Nursing practice is governed by many legal concepts. It is important for nurses to know the basic of legal concepts, because nurses will be held accountable for making decision that can be harmful to patient’s health. Nurses most have a clear understanding of the law and how it affects nursing practice. Many of legal issues today require Nurses to use critical thinking abilities to practice safe nursing care, Safe Nursing care means to understand the legal boundaries within with nurses must function. The paper will help described nursing, legal issues nursing are facing today. Professional Nursing should know the legal limit which affects nursing practice. An understanding of the law bond with sound judgment should ensure...
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...Professional Regulation and Criminal Liability in Delaware Lorna J. Granston 05/26/14 HCS 430 Dr. J. Kaplan There are statutes that regulate health care professional on a federal level. It can be difficult to regulate professional on that level, therefore, there are also regulatory bodies on the State level. Regulatory statutes on the State level can offer specific policy and procedures for professional licensure, credentialing, certification and registration for those in health care. Each State in responsible for having specific regulation. Per the American Medical Association (AMA),” the process of obtaining a medical license--either initial licensure or a second or subsequent license in another state--can be a challenging process” (American Medical Association, 2014). The state statutes can be more complicated, but they ensure that professionals are properly prepared to perform health care services for a specific community. In Delaware there are state laws that are followed by state regulatory agency. The Registrar’s office which is part of Delaware’s General Assemble is responsible for the Administrative Code of Regulations and the Delaware On-line Statutory Code. This office is also the official repository of all regulations for the State of Delaware. Title 24 of this code of regulations is directed specifically to Professions and Occupations in the state of Delaware. Within Title 24, Chapter 17 is the Medical Practice Act. The Delaware agency that implements...
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...protect the patients. Nurses need to know these because it can put their license in jeopardy, fines, jail time or even worse, harm to a patient. Not only could you be in trouble because you did something, you could also be in trouble for not doing something. When working with patients that are sick or injured the last thing you need is to let something else other then there sickness or injury interfere with their healing or comfort level. By choosing to become a nurse you accept the laws and responsibilities that come along with it. As a Licensed Vocational Nurse the combination of legal principles, established laws, moral standards and ethical principles guide your practice of nursing. As a nurse you need to know these and how they affect the practice. There will be a lot ethical decisions that you will have to make during your career. By knowing the laws, this will help with the decisions you have to deal with. Laws prescribe proper behavior in society; they sanction acceptable behavior and prohibit unacceptable behavior. It’s important for you to know the basic’s of the legal system, which will help protect you from wrong doing. There are two different types of laws. Civil and criminal. Civil laws are laws that violates a person’s rights, conduct at issue is detrimental to the individual and involves an offense that is against an individual. Civil laws purpose is to right a wrong and make the aggrieved person whole again. Criminal law are laws that are...
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...Professional Regulation and Criminal Liability Nurse practitioners should be professional with patients and show patients respect. If a nurse does not show respectful behavior and there is misconduct or incompetence a complaint will have to be filed and the situation will be investigated (APA, 2012). Nurse practitioners are competent and care for patients in a professional caring manner. Patients sometimes experience non-tolerable performance that is not acceptable from a professional nurse (APA, 2012). Filing a complaint with the state licensing authorities can help deal with the unacceptable problem. If a nurse is doing things that may cause harm to a patient, it should be filed with the correct authorities. Sending complaints to NCSBN will not help file a correct report against a nurse who is not following the correct rules. Using the State Board of Nursing site can give numerous amounts of information on how complaints can be filed correctly. Complaints are taken very seriously by the Board of Nursing (APA, 2012). Nurses who do not practice in a appropriate manner will be terminated immediately and all credentials will be suspended. The board has authority in each state, being able to take action in various bad situations dealing with nurses. The board will take mild formal action if a nurse actions are sufficient for violating state laws and regulations. Each case the board handles have to be taken care of separately considering its own merits. The board will investigate...
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...SELECTED CATEGORIES OF LAW AFFECTING NURSES | | 7 | SELECTED LEGAL ASPECTS OF NURSING PRACTICE | | | COMPONENTS AND CHARACTERISTICS OF THE LEGAL PROCESS | | 8 | LEGAL PROTECTIONS IN NURSING PRACTICE | | 9 | | | 10 | NURSING PRACTICE AND THE LAW | | 11 | LEGAL ISSUES IN PRACTICE | | 12 | NURSE–CLIENT RELATIONSHIP | | 13 | LEGAL ROLES OF NURSES | | | SUMMARY | | | CONCLUSION | | | RESEARCH ABSTRACT | | 14 | BIBLIOGRAPHY | | OBJECTIVES * To introduce legal considerations * To define law * To understand sources of law * To list out the types of law * To explain the selected legal aspects of nursing practice * To understand the components and characteristics of the legal process * To explain the regulation of nursing practice * To enumerate standards of nursing care * To describeselected legal aspects of nursing practice * To explainlegal protections in nursing practice * To describe nursing practice and the law * To describe legal issues in practice * To explain nurse–client relationship * To list out the guidelines for safe nursing practice * To formulatelegal roles of nurses * To explain the legal responsibility of nursing students INTRODUCTION Nursing practice is governed by many legal concepts. It is important for nurses to know the basics of legal concepts, because nurses are accountable for their professional judgments and actions. Accountability...
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...duties that fall outside their scope of practice. Should an unqualified employee choose to operate outside his or her scope of practice, they run the risk of committing both negligent and criminal acts. In the case study of Jerry McCall, an office assistant with limited medical training, one sees a clear case of negligent and criminal conduct. The case study presents a scenario where an office assistant in a private physician’s office is asked by a patient to authorize a prescription for a Schedule III controlled medication. Additional information reveals that he is currently the only person in the office. Although Jerry is a Licensed Practical Nurse and medical assistant, his training does not permit him to prescribe medications of any type. Medications may only by prescribed by licensed providers who hold a valid registration with the Drug Enforcement Administration. This is typically limited to physicians, physician assistants, and nurse practitioners. There does however, exist a situation win which it would be permissible for Jerry to provide the patient with a valid prescription. This would require him to be acting as an agent of a physician who either wrote or verbally communicated a prescription order. According to the statutes in title 21 of the Federal Code of Regulations, “Communication by Facsimile or Oral Communication of a Valid Prescription for a Schedule III, IV, or V Controlled...
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...clinical nurse specialist, I run nurse led clinics working alongside other nonprescribing colleagues seeing patients with peripheral vascular disease, this can range from patients with leg ulcers or diabetic foot ulceration with wound infections to patients with intermittent claudication, Abdominal Aortic Aneurysm or varicose veins, all of whom may or may not need medications or wound management treatments prescribed. It is very likely that during these clinics once I qualify as a non-medical prescriber I will be asked the same. In this essay I will explore the issues of law, accountability and ethics raised by prescribing on behalf of others. The legal system of England and Wales has two branches of law; criminal and civil Criminal Law: Statues are acts of parliament which are presented via the House of Commons moves to the House of Lords where amendments are made, returns to House of Commons, for final discussion when complete the Bill is given Royal Assent and passes into law. Criminal law involves offences against the state, it is usually the Crown that brings the action against the defendant (Gagan 2010 cited by Courtnay & Griffin). In terms of non-medical prescribing there are two important statues The Medicines Act 1968 this regulates the licensing, supply and administration of medicines. The misuse of drugs Act 1971 this is a provision with respect to dangerous or otherwise harmful drugs. Breach of these acts or regulations are criminal. 2 Following...
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...profession is very complex. Every day nurses deal with patients and medical care. There are some days when ethics and legal issues play a role. We were given examples of the legal complexities of nursing through two case studies we were to evaluate. For this paper we will discuss the legal responsibilities of nursing, how personal and societal values can influence ethical decision-making and how the ANA’s Code of Nursing Ethics would influence the final decisions. Legal Responsibilities of Nurses Nursing boards are governmental state agencies responsible for regulating the nursing practice. A nursing license obtained through state nursing boards validates that nurses have met standards for providing high quality care. Nurses are legally held accountable for administering medications accurately, educating patients and public on health issues, advocating for the patient regarding health care, and serving as a liaison between the patient and the physician. Professional standards are determined by Standards of Practice Acts and the American Nurses Association’s Code of Ethics. As professionals, nurses must also be familiar with ethical responsibilities and protect the rights of their patients and families. As the definition of liability has continued to expand through the judicial system, courts of laws have placed higher standards on the profession of nursing. Many times professional nurses are faced with litigations against facilities...
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...“Jerry McCall is Dr. Williams’s office assistant. He has received professional training as both a medical assistant and a LPN. He is handling all the phone calls while the receptionist is at lunch. A patient calls and says he must have a prescription refill for Valium, an antidepressant medication, called in right away to his pharmacy, since he is leaving for the airport in thirty minutes. He says that Dr. Williams is a personal friend and always gives him a small supply of Valium when he has to fly. No one except Jerry is in the office at this time” (Fremgen, Chapter 4, 2009). A prescription can be prepared by a nurse, secretary, or any other agent in the office for the physician’s signature but cannot be called in or dispensed by no one other than the physician. There are certain rules and regulations that control issues like the one Jerry is faced with. The United States along with each state individual have set for rules and regulations for situations as this. By not following the guidelines it could cause many risks and it also goes against the code of ethics. There are code of ethics set forth not only for doctors but also nurses, physician assistants, and even medical assistants. If I were Jerry I would tell the patient that legally I cannot call in any prescriptions or medications without the authority of Dr. Williams. Calling in the prescription would put me at great risk for many legally issues because I do not have the permission of the physician to call...
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...BAT1 Task #1 A1. Addendum to the Shadow Chart Policy: Employees shall know that original records are always in the permanent chart of the patient. The shadow chart does contain records, but these records are only copies of the original files. After each visit a record of the visit is place in the patient’s primary chart. After this is in place a copy may be made for the shadow chart. It is essential to understand that these are only copies. The reason we have shadow charts is to treat patients at our off site clinic locations, and to be able to provide other departments a copy of the record without having to give the primary file. We want to make sure our permanent chart is ALWAYS in place, so therefore this contains all the patient information. In the shadow charts we only place copies of what is needed to be seen by other departments. These departments do not need access to the patient’s entire medical record. Employees must know that shadow charts are to be place in the locked cabinet at all time. This maintains the confidentiality of the patient’s medical record. Even though the shadow chart doesn’t contain all patient information it is essential to treat it just like the permanent chart. It must be safe and secure at all times. A2. IT Staff & Security Breach Measures: There are several different ways in which IT staff can help decrease incidents in security breaches. The first way is to provide limited access to employees based on the employees needs within the...
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...Ethics of Nurses Jessica Voorhees HCA322 Eugene Elliott January 14, 2013 Ethics of Nurses The Code of Ethics was designed as a measuring stick for healthcare workers to compare their actions against. “The Code of Ethics also incorporates standards of ethical behavior governing individual behavior, particularly when that conduct directly relates to the role and identity of the healthcare executive.” (A.C.H.E., 2012). Today’s health care system and its professionals are receiving ever-growing pressure to make practical effort to ensure that the quality of patient care available is provided. “The fundamental objectives of the healthcare management profession are to maintain or enhance the overall quality of life, dignity and well-being of every individual needing healthcare service and to create a more equitable, accessible, effective and efficient healthcare system.” (A.C.H.E). There are many laws that have been implemented in today’s world to ensure that this is accomplished. “They are designed to prevent harm to others while protecting the rights of individuals.” (Pogzar, 2012, pg.196). Although in general most apply and affect everyone in our society, some affect those in the health care professions more. The Code of Ethics helps to keep personal feelings from entering into medical advise by the medical professional. Common ethics in a clinical setting are well known such negligence. Nurses are responsible for any negligence. “It is the...
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...Remediation Among Disciplined Nurses ABSTRACT in Six States A link between a history of criminal conviction and a risk of professional misconduct highlights the importance of criminal background checks. O BJECTIVE : The researchers sought to determine what factors might affect the outcomes of remediation, including the likelihood of recidivism, among nurses who had been the subject of disciplinary action and had been put on probation by a state board of nursing. M ETHODS : Boards of nursing in six states, Arizona, Maryland, Massachusetts, Minnesota, Nebraska, and North Carolina, chose to participate in this exploratory study. A 29-item questionnaire was used to investigate the records of 207 RNs, LPNs, and advanced practice RNs (APRNs) who were disciplined and put on probation by a state nursing board in 2001, as well as to collect data on their employment settings, the boards’ actions, and remediation outcomes (the presence or absence of recidivism); 491 nurses who had not been disciplined served as controls. RESULTS: Among the disciplined nurses studied, 57% were RNs, 36% were LPNs, 3% held both RN and LPN licenses, and 3% were APRNs. Of the disciplined group, 39% recidivated between 2001 and 2005. Three factors were shown to influence the recidivism rate: having a history of criminal conviction, having committed more than one violation before the 2001 probation, and changing employers during the probationary period. Data on history of criminal conviction prior to state...
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...http://www.nmc-uk.org/Nurses-and-midwives/Standards-and-guidance1/The-code/The-code-in-full/#community The code in full The full text of the code published in May 2008, with links to relevant advice and scenarios Other formats available: You can download a PDF or listen to an MP3 of the code in our Publications section. The code: Standards of conduct, performance and ethics for nurses and midwives The people in your care must be able to trust you with their health and wellbeing. To justify that trust, you must: • make the care of people your first concern, treating them as individuals and respecting their dignity • work with others to protect and promote the health and wellbeing of those in your care, their families and carers, and the wider community • provide a high standard of practice and care at all times • Be open and honest, act with integrity and uphold the reputation of your profession. As a professional, you are personally accountable for actions and omissions in your practice and must always be able to justify your decisions. • Regulation in practice You must always act lawfully, whether those laws relate to your professional practice or personal life. Failure to comply with this code may bring your fitness to practise into question and endanger your registration. This code should be considered together with the Nursing and Midwifery Council's rules, standards and guidance. • Information about indemnity insurance ...
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...Technology Staff It is the responsibility of Information Technology (IT) staff to educate the clinical staff on ways to diminish security breaches by securing their workstations when they are not being used. Teaching clinical staff the importance of not sharing passwords and securing stations will greatly help security. The IT staff could use a power point to explain the policy to staff along with the disciplinary policy for violation of company policy or the HIPAA Privacy Act. Criminal Liability Montana Code 41-1-402 states that a minor can consent to treatment if it is an emergency situation and the guardian is unavailable. a minor who needs emergency care, including transfusions, without which the minor's health will be jeopardized. If emergency care is rendered, the parent, parents, or legal guardian must be informed as soon as practical except under the circumstances mentioned in this subsection (2). (MLS,2011) Criminal liability could result if they do not follow this code correctly. A...
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...Restore health and d. To alleviate sufferings - Noble goal to promote the harmonious or symphonic interaction between men and their environment CHARACTERISTICS OF NURSING a. Nursing is caring b. Involves close, personal contact with the recipient of care; c. Concerned services ( humans as physiological, psychological and sociological organisms) d. Committed to personalized services regardless of color, creed or social or economic status e. Committed to promoting individual, family , community and national health goals f. Committed to involvement in ethical, legal and political issues in the delivery of health care NURSING PROCESS - Use nurse process as a tool in nursing practice - Logical, systematic scientific problemsolving process utilized by nurses to deliver total quality health care services to patients CHARACTERIZED AS: a. Way of thing as a nurse b. Framework of interrelated activities resulting in competent nursing care c. Dynamic and cyclical in nature d. Scientific, problem oriented approach to patient NURSING CARE PLAN a. Assessment b. Diagnosis...
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