12 novembre 2022
Legal Standards for Nursing
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However, malpractice is a more specific term that focuses solely on standards of care. Negligence can sometimes be unintentional, but misconduct is considered intentional. These are some of the legal issues one may face in nursing over the course of one`s career. A nurse needs to be aware of regulatory developments and stay informed. The BON has the power and authority to regulate nursing practice using the language specified in the NPA. CN also has a responsibility to protect the health, safety and well-being of U.S. citizens from substandard care. NO members are generally appointed by the Governor or Senators with recommendations from various state or territory professional associations. [Russell KA] BON members may include nurses, physicians, lawyers and members of the public. The BON office may include nurses, lawyers and administrative staff who have investigative functions and are not members of the BON.
The duties of the CN generally include: Due to the intimate professional responsibility of nurses, there are legal regulations that they must comply with. Nurses should keep abreast of applicable medical care laws, given the scope and severity of potential legal issues that may arise. An RN program at BSN often includes courses dedicated to these specific legal challenges, providing nurses with opportunities to report concerns appropriately and helping them protect their licenses and livelihoods. It is necessary to know and understand their state nursing practice in law in order to become familiar with the rules. A nurse must adhere to the code of ethics of the ANA and other professional health care associations. In addition to these principles, the ANA has also provided this advice to nurses and nursing students via social media:[10] Nurses practicing in a state or territory should be aware of the NPA. It is the responsibility of nurses to know the laws that affect their practice, as most boards claim that ignorance of the law is not an excuse for non-compliance and substandard nursing practices. NPAs are laws and rules of the NPA designed to protect the public from unsafe practices that may include standards of practice for all levels of care (NP/NL, RN or NPA). Nurses are required by law to accept only those duties that are appropriate to their right to practice and field of practice, and only those that they consider competent. As previously mentioned, nurses are required by law to report all unsafe and inappropriate practices by health care workers and personnel. Once identified, the nurse should attempt to stop unsafe and/or inappropriate practices and report it immediately. Nurses who are not aware of these legal issues can face significant consequences.
While the impact varies considerably depending on the allegations, caregivers may face the following: Rule 4: The nurse has authority, accountability and responsibility for nursing practice; makes decisions; and takes action consistent with the commitment to health promotion and optimal care. According to the NCSBN, public health, welfare, and public safety are protected by the care regulations found in the NPA. [3] The NPA is the decree issued with full force and effect of the law. Each state or territory has its own version of APNs, and they vary geographically along state borders. In general, the NPA provides guiding principles for the scope of nursing regulation, including: defining the terms and expressions of intent of the legislation, defining the composition of board members, defining standards for the nursing school curriculum, defining the scope of nursing practice, overseeing admissions processes, protect titles and provide grounds for disciplinary action in the event of violations. [Russell KA] It is a professional, moral and legal duty of a nurse to report abuse, neglect, epidemics or other infectious diseases. You may face serious consequences, such as; Disclaimer and Cancellation. Those who are aware of their legal responsibilities and obligations can better defend themselves or their patients in the event of a breach.
In addition to negligence and malpractice, patient confidentiality is an important legal consideration for nurses and nursing students. Patient confidentiality is an individual`s right to keep personal and identifiable health information known as protected health information (PHI) confidential. This right is protected by federal regulations called the Health Insurance Portability and Accountability Act (HIPAA). HIPAA was enacted in 1996 and was driven by the need to ensure the confidentiality and protection of personal health records and data in an environment of electronic health records and liability payers. There are two main sections of HIPAA, the Privacy Policy and the Security Rule. The Privacy Rule deals with the use and disclosure of individuals` health information.
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