Nursing laws Complete Verified Solution, Graded A+ Statutory Law

Nursing laws Complete Verified Solution, Graded A+ Statutory Law • Laws written and enacted by legislative bodies • Violations are criminal offenses and are punishable by fines or imprisonment Federal statutes related to nursing and health care Have a major impact on nursing care—mandate a minimum standard of care in all settings that receive federal funds (Medicare, Medicaid) FEDERAL: Emergency Medical Treatment and Active Labor Law (EMTALA) • Enacted to prohibit the refusal of care for indigent and uninsured patients seeking medical assistance in emergency departments • Prohibits the transfer of unstable patients, including women in active labor, from one facility to another • Applicable to nonemergency facilities such as urgent care clinics FEDERAL: Americans With Disabilities Act of 1990 (ADA) prohibits discrimination against persons with disabilities by removing barriers that might prevent the same opportunities available to persons without disabilities FEDERAL: Patient Self-Determination Act of 1990 requires that federally funded hospitals (Medicare, Medicaid) inform adult patients in writing about their right to make treatment choices and that they ask patients if they have a living will or durable power of attorney for health care FEDERAL: Health Insurance Portability and Accountability Act of 1996 (Public Law No. 104-191) (HIPAA) intent of this law is to ensure confidentiality of the patient's medical records; the statute sets guidelines for maintaining the privacy of health data FEDERAL: The Patient Safety and Quality Improvement Act allows certain disclosures of patient safety data (reporting certain illnesses - HIV, VD, etc - to health department) STATE: Nurse Practice Act and board of nursing rules and regulations Define the scope and limitations of professional nursing practice • Vary from state to state, but common elements include the following: Definition of the term registered nurse Description of professional nursing functions Standards of competent performance Behaviors that represent misconduct or prohibited practices Grounds for disciplinary action Fines and penalties for violations • Each nurse should own a copy and should understand the content STATE: Nurse/patient ratio and mandatory overtime statutes + California was the first state to enact a law in January 2004 that mandates the establishment of minimum nurse/patient ratios in acute care facilities (e.g., critical care units, step-down and medical-surgical units, maternity departments).