Nursing 101 EXAM 4 QUESTIONS WITH
CORRECT ANSWERS
concept of law - Answer-*Binding practice, rule, or code of conduct that guides
appropriate actions and defensible decisions of an individual or a group.
-laws protect society by establishing acceptable patterns of behaviors, and are
enforceable by a controlling authority.
-Nurses are legally responsible for their own actions and this legal responsibility cannot
be delegated-this is the basis for liability in nursing practice.
liability - Answer-*the person is financially or legally responsible for something.
malpractice - Answer-*one source of legal liability. a professional person has failed to
act in a reasonable and prudent manner. if someone is harmed, the professional may
be held liable.
constitutional law - Answer-*a system of fundamental laws and principles that
prescribes the nature, functions, and limits of a government.
-the U.S. Constitution is the superior law of the land and applies to all states and
territories throughout the United States.
-all states and federal laws must comply with the U.S. Constitution.
-the U.S. Constitution limits the powers of the federal government and gives each state
the power to govern itself and to pass laws to promote the health, welfare, order, and
security of its citizens.
statutory law - Answer-*a statue is a law passed by the federal Congress of by a state
legislative body.
-Congress (Senate and House of Representatives) passes laws for the benefit of
society as a whole, whereas states use their police power to enforce laws to ensure the
general health, safety, and welfare of their specific citizens.
ex: nurse practice acts
administrative laws - Answer-*the laws that govern administrative agencies.
-created at the federal level by Congress and at the state level by a state's legislative
bodies.
-comprises the rules and regulations passed by administrative bodies or agencies to
fulfill their statutory missions.
common (judicial) law - Answer-*a complication of laws made by judges or courts.
-also referred to as case law, common law is based on common customs and traditions.
federal laws - Answer-
,bill of rights - Answer-*first ten amendments to the U.S. Constitution
-clearly identifies and in many ways limits, the role of government in individuals' lives.
-have direct implications for patients receiving healthcare, such as patients' privacy
rights to be informed, make decisions affecting health and welfare, and protect personal
property.
Health Insurance Portability and Accountability Act (HIPAA) - Answer-*passed by
congress in 1996 to protect patients:
-protect health insurance benefits for workers who lose or change their jobs.
-protect coverage to persons with preexisting medical conditions.
-establish standards to protect the privacy of personal health information.
-nurses and other healthcare providers must protect the patient's right to privacy by not
sharing patient information with unauthorized individuals.
Emergency Medical Treatment and Active Labor Act (EMTALA) - Answer-*requires
healthcare facilities to provide emergency medical treatment to patients who seek
healthcare in the emergency department, regardless of their ability to pay, legal status,
or citizenship status.
-the obligation is for the medical facility to provide medical screening to determine if an
emergency exists and to stabilize the patient before transferring him or her to another
healthcare facility.
Patient Self-Determination Act (PSDA) - Answer-*recognizes the patient's right to make
decisions regarding his own healthcare, based on the information provided to him by the
healthcare provider, regarding the medical or surgical treatment options available, the
benefits, risks, and alternatives.
living will - Answer-*prepared by an alert and oriented (competent) individuals to give
directions to others about that person's wishes regarding life-prolonging treatments if
the person becomes unable to make those decisions.
durable power of attorney for healthcare (DPOA) - Answer-*identifies a person who will
make healthcare decisions in the event that the patient is unable to do so.
-the person given the right to make decisions is called the surrogate decision maker.
-surrogate had the right to make the medical decisions for as long as the person is not
able to do so for himself (is considered competent).
americans with disabilities act (ADA) - Answer-*provides protection against
discrimination of individuals with disabilities.
-provides that employers must provide reasonable accommodations within the work
setting to allow employees with disabilities to perform their jobs.
state laws - Answer-
,mandatory reporting laws - Answer-the law in various states requires healthcare
workers to report communicable disease.
-also have a duty to report physical, sexual, or emotional abuse or neglect of children,
older adults, or the mentally ill, whether you suspect it or have actual evidence of it.
good samaritan laws - Answer-*designed to protect form liability those who provide
emergency care to someone who has been injured.
nurse practice acts - Answer-*statutory laws passed by each state's legislative body that
define the practice of nursing.
-protect patients or society.
-define the scope of nursing practice.
-identify the minimum level of nursing care that must by provided to clients.
medical malpractice statutes - Answer-*refers to a lawsuit brought against a healthcare
provider for damages due to the death, injury, or other loss of the person being treated.
-laws governing medical malpractice vary from state to state, primarily regarding the
time frame for bringing a lawsuit (statute of limitations) and the amount of monetary
compensation allowed.
other guidelines - Answer-
institutional policies and procedures - Answer-*more specific and detailed than
standards set by professional organizations
-they describe care that is reasonable, appropriate, and expected in the context of that
facility.
american nurses association code of ethics - Answer-*describes the standards of
professional responsibility for nurses and provides insight into ethical and acceptable
behavior.
-describes nurses' obligations for safe, compassionate, nondiscriminatory, and quality
care, while defining commitments to self, the patient, the employer, and the profession.
patient care partnership - Answer-*replaced the American Hospital Association's Patient
Bill of Rights.
-explains in plain language that during hospitalization, they should expect the following:
-high-quality care
-a clean and safe environment
-involvement in care
-protection of privacy
-help when leaving the hospital
-help with billing claims
american nurses association bill of rights for registered nurses - Answer-*a policy
statement adopted by the ANA to identify the seven conditions nurses should expect
form their workplace that are necessary for sound professional practice.
, -provides a framework for employers to understand what nurses need for a safe work
environment and to support nurses as they address such issues as unsafe staffing,
workplace violence, and mandatory overtime.
american nurses association standards of practice - Answer-*have three components:
-incorporate the nursing process in the diagnostic, intervention, and evaluation aspect of
patient care.
-identify the various role functions of the nurse in direct patient care, quality of practice,
ethics, education, communication, research, leadership, collaboration, resource
management, collegiality, and environmental health
-the various specialty areas that are developed by professional organizations.
nurse practice laws - Answer-*contain a provision that creates and empowers a state
board of nursing to regulate the practice of nursing in that state.
-the authority of the board of nursing, its composition and powers
- a definition of nursing and the boundaries of nursing practice
-standards for the approval of nursing education programs
-the requirements for licensure of nurses
-grounds for disciplinary action against a nurse's license.
requirements for licensure - Answer-*most important function of state boards of nursing
is establishing and enforcing the requirements for licensure.
*the applicant for licensure must do the following:
-graduate from an approved or accredited nursing program.
-meet the established character criteria.
-undergo a criminal background check and fingerprinting.
-pass the NCLEX-RN or -PN exam
-pay an application fee
-some states, such as Texas, may require applicants to pass a jurisprudence
examination before receiving a permanent license.
special cases of licensure - Answer-*mutual recognition model (MRM)/Multi-State
licensure compact:
-certain states, through a multistate agreement, allow nurses who are licensed to
practice in on state to practice in all other states participating in the agreement.
-nurse does not have to retake the NCLEX-RN or -PN examination, but must apply to
the new state and fulfill any of that state's application requirements such as
fingerprinting, background check, transcripts, and fees.
-when two states enter into the multistate licensure compact, you do not have to obtain
a separate license to practice in either state.
*government/military personnel
-another special case of licensure involves the nurses employed by the military
-nurses may practice in other states without obtaining a new license as long as they are
practicing within the parameters or scope of their employment.