o Define and limit the practice of nursing in each state
§ these acts are general in most states to allow for some flexibility in the broad role and varied situation
in which nurses practice (allows for interpretation and employers established guidelines for nursing
practice in their own organization.
o Violation of Nurse practice act
§ Nurses who violate specific norms of conduct, such as securing a license by fraud, performing specific
actions prohibited by the nurse practice act, exhibiting unprofessional or illegal conduct, performing
malpractice, and abusing alcohol or drugs, may have their license suspected or revoked by the licensing
boards in all states.
o Malpractice
§ The failure of a person with professional training to act in a reasonable and prudent manner (also
called professional negligence
§ The plaintiff (pt) is the injured party and the defendant is the professional (nurse) who is allege to have
caused the injury
o Negligence
§ The omission to do something that a reasonable person, guided by the considerations that ordinarily
regulate human affairs would do, - or as doing something that a reasonable and prudent person would
(average judgment with similar training) not do.
§ Is considered to be an unintentional tort, assault, battery, false imprisonment, invasion of privacy,
defamation, and slander are intentional torts.
· HIPAA
o Unauthorized release of information or photographs in medical records may make the person who
discloses the information civilly liable for invasion of privacy, defamation, or slander. Written
authorization by the pt to release information is needed to allow such disclosure.
· Incident Reporting
o Forms are records of unusual or unexpected incidents that occur during a pt tx.
o No entry should be made in the pt record about the existence of an incident report/a copy should not
be placed in chart
· Informed Consent
o Can be given only after the pt has received a complete explanation of the surgery, procedure, or
treatment and indicates that they understand the risks and benefits r.t to it. Must be in a language that
the pt can understand.
o Consent can be informed, implied, or expressed. Nurses need to understand the different types.
· Examples of Advocacy:
o Political (approaching legislators, role in political arena)
o Nurse Leader advocacy for nursing staff (safety, providing adequate staffing/
, NUR 4710 Final exam
training/equipment/tools/resources)
o Nursing advocacy for clients (maintaining client autonomy in beliefs/culture/choice, giving information
to ensure informed consent, providing safe care free of errors) *Make sure to review this!
o Nursing advocacy for community (community safety, client access to care/services)
Right to Die laws
o Typically, it only applies to patients who are at least 18 years old, with the capacity to make medical
decisions, with a terminal disease expected to result in death within 6 months.
o Can require two verbal requests at least 15 days apart and one written request that is signed, dated,
and witnessed by two adults.
o Once prescription is filled, the patient has to file a form within 48 hours before self-administering the
drug.
· Whistleblower
o Internal whistleblowing
§ Occurs within an organization, reporting up the chain of command
o External whistleblowing
§ Involves reporting outside the organization such as the medical and an elected official.
· Ex. HCP might be to report inflated practiced of documentation and coding that results in elevated cost
reimbursement.
· Fiscal Planning and Budget basics
o Remember our discussion of personnel costs and how we attempt to control them
§ We attempt to control it by using the NCH/PPD staffing ratio. We want to have good staffing - not
under/over staffed.
Manager must monitor the personnel budget closely to prevent understaffing or overstaffing. As
patient-days or volume decreases, mangers must
true or false: the largest of the budget expenditures is the workforce or personnel budget because
health care is labor intensive
true
o How to calculate NCH/PPD (staffing)
NCH/PPD= ALL nursing hours worked in 24 hours/patient censuses
o Fiscal planning
§ Per internet: plan that uses numerical data to predict the activities of an organization over a period of
time.
§ is a learned skill that improves with use, it requires vision, creativity, and a thorough knowledge of
political, social, and economic forces that shape health care.
o Budget basics