Nursing 101 EXAM 4 UPDATED ACTUAL Questions and
CORRECT Answers
Legal
concept of law *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 *the person is financially or legally responsible for something.
malpractice *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 *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 *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 *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 *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
, bill of rights *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 *passed by congress in 1996 to protect patients:
(HIPAA) -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 *requires healthcare facilities to provide emergency medical treatment to patients
(EMTALA) 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) *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 *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) *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) *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
mandatory reporting laws 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 *designed to protect form liability those who provide emergency care to
someone who has been injured.
CORRECT Answers
Legal
concept of law *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 *the person is financially or legally responsible for something.
malpractice *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 *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 *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 *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 *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
, bill of rights *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 *passed by congress in 1996 to protect patients:
(HIPAA) -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 *requires healthcare facilities to provide emergency medical treatment to patients
(EMTALA) 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) *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 *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) *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) *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
mandatory reporting laws 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 *designed to protect form liability those who provide emergency care to
someone who has been injured.
