Legal Boundaries of Nursing - ANS we are governed by the same laws; missouri nurse practice
act
Surgical errors - ANS examples would be- Retractor left in a chest, scissors left in chest, sponge
left in intestines, suture left in an eye
Nurses are responsible for counting sponge and instruments
We are responsible because we should have come up short in the count
Nurse Practice Act (NPA) - ANS defines and describes scope of nursing practice (no matter
what, lpn, rn, practioner)
reviewed and revised every 2 years
----some changes may be significant or not
nurses & schools are required to keep up with the changes
sections we need to be aware of - ANS section 335.016 number 10
section 225.036 number 1 paragraphs 2-9
section 335.066 number 2 paragraphs 1-15
section 335.318-335.257
section 335.016 number 10 - ANS definition of professional nursing
section 225.036 number 1 paragraphs 2-9 - ANS duties of the board
section 335.066 number 2 paragraphs 1-15 - ANS bases of actions of your nursing licsense
section 335.218-335.257 - ANS student loan program
before we graduate we read what again - ANS nurse practice act
licensure models - ANS state based
mutual recognition
state based licensure model - ANS what illinois has, separate licsense required for that state
mutual recognition licensure model - ANS regulatory model developed by NCSBN that has
multistate license
state legislature that initiates & establishes a compact
state board legal options - ANS lesser options
censure
,probation
suspension
revocation
lesser options - ANS NFA (no further action)
letter of concern, no violation or not enough action to have consequences
addresses behavior that couldve developed into a violation based on the nursing practice act
your getting close to being disciplined
censure - ANS note put into your file that you violated the NPA but they didn't take any
discplinary action
--usually a first time offense
probation - ANS for up to 5 years
----you have some type of conditions that come attached with this,
you will be monitored by the employer and maybe the state board of nursing
most often it is substance abuse-- if it is they require u check in daily and submit a drug test
keep an eye on nurses on probation
sometimes require you take certain course, if you dont, you face further discipline
----much depends on what they are in trouble for
suspension - ANS one day up to 3 years
cannot practice as a nurse
if your eligible you may be able to get your license back at the end of suspension
suspend for time then probation usually
revocation - ANS completely stripped of your license
may be able to reapply in a year
take you nclex
disciplinary hearing - ANS if your called to one, a violation has occured, and now what they
need to decide is what kind of discipline is going to be applied to that violation
principles of law - ANS 1. concern for justice and fairness
2. characterized by change
3. actions are judged on the basis of what a similarly educated, reasonable and prudent person
would have done under similar circumstances.
4. each individual has rights and responsibilities
law is based on a concern for justice and fairness - ANS protects one party from the actions of
another
establishes rules of conduct
law is characterized by change - ANS legal system has to change with tech developments
, ex- machinery we have; respirators, these can blur catergories of death, vegetative state,
invetro fertilization, embryo transfers, transfers- these have blurred parenthood
laws have to change to address these things
actions are judged on the basis of what a similarly educated, reasonable and prudent person
would have done under similar circumstances. - ANS legal language used to evaluate practice
in nurses we call this STANDARDS OF CARE
- what we judge against if a nurse has been negligent or shown an action of poor judgement
compare what one has done to similarly educated reasonable and prudent person
breach of duty
--this can also help a witness
comparison of actions
each individual has rights and responsibilities - ANS rights are privileges or fundament powers
that individuals possess unless they are revoked or given up voluntarily
---miranda rights
responsibilities are obligations associated with the rights
---if a nurse does something irresponsible, the right to practice can be revoked
sources of law - ANS constitution
legislation
administrative law
common low
constitution - ANS provides due process
law of land
equal protection for individuals
freedom of speech
while it's open for interpretation, it is the ultimate protection for all of us
legislation - ANS statutes
statutes - ANS laws inacted by legislature bodies are called statutes
nurse practice act is statutory
bills can be brought by anybody, doesnt become anything till a vote is in
many times we have nurses in our state legislature that bring about particular bills
--things we want to go through that need to become statutes
administrative law - ANS rules and regulations created by agencies that are authorized by our
legislatures
laws of our missouri practice act
same force as an inactive law unless they are challenged in court
common law - ANS common usage or custom
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LEWIS12. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $9.99. You're not tied to anything after your purchase.