Chapter 03: Legal and Ethical Aspects of Nursing
MULTIPLE CHOICE
1. A student nurse who is not yet licensed:
a. may not perform nursing actions until he or she has passed the licensing
examination.
b. is not responsible for his or her actions as a student under the state licensing law.
c. are held to the same standards as a licensed nurse.
d. must apply for a temporary student nurse permit to practice as a student.
ANS: C
Student nurses are held to the same standards as a licensed nurse. This means that
although a student nurse may not perform a task as quickly or as smoothly as the licensed
nurse would, the student is expected to perform it as effectively. In other words, she must
achieve the same outcome without harm to the patient. The student is legally responsible for
her own actions or inaction, and many schools require the student to carry malpractice
insurance.
DIF: Cognitive Level: Knowledge REF: p. 32 OBJ: Theory #1
TOP: Practice Regulations for the Student Nurse KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
2. During an employment interview, the interviewer asks the nurse applicant about HIV status.
The nurse applicant can legally reN
spUoRnSdI:NGTB.COM
a. “No,” even though he or she has a positive HIV test.
b. “I don’t know, but I would be willing to be tested.”
c. “I don’t know, and I refuse to be tested.”
d. “You do not have a right to ask me that question.”
ANS: D
In employment practice, it is illegal to discriminate against people with certain diseases or
conditions. Asking a question about health status, especially HIV or AIDS infection, is illegal.
DIF: Cognitive Level: Application REF: p. 34 OBJ: Clinical Practice #1
TOP: Discrimination KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
3. An example of a violation of criminal law by a nurse is:
a. taking a controlled substance from agency supply for personal use.
b. accidentally administering a drug to the wrong patient, who then has a serious
reaction.
c. advising a patient to sue the doctor for a supposed mistake the doctor made.
d. writing a letter to the newspaper outlining questionable or unsafe hospital
practices.
ANS: A
Theft of a controlled substance is a federal crime and consequently a crime against society.
DIF: Cognitive Level: Application REF: p. 32 OBJ: Theory #2
, TOP: Criminal Law KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
4. The LPN (LVN) assigns part of the care for her patients to a nursing assistant. The LPN is
legally required to perform which of the following for the residents assigned to the assistant?
a. Toilet the residents every 2 hours and as needed.
b. Feed breakfast to one of the residents who needs assistance.
c. Give medications to the residents at the prescribed times.
d. Transport the residents to the physical therapy department.
ANS: C
Toileting, feeding, and transporting residents or patients are tasks that can be legally assigned
to a nurse’s aide. Administering medications is a nursing act that can be performed only by a
licensed nurse or by a student nurse under the supervision of a licensed nurse.
DIF: Cognitive Level: Application REF: p. 33 OBJ: Theory #3
TOP: Delegation KEY: Nursing Process Step: Implementation
MSC: NCLEX: Safe, Effective Care Environment: Coordinated Care
5. If a nurse is reported to a state board of nursing for repeatedly making medication errors, it is
most likely that:
a. the nurse will immediately have his or her license revoked.
b. the nurse will have to take the licensing examination again.
c. a course in legal aspects of nursing care will be required.
d. there will be a hearing to determine whether the charges are true.
ANS: D
The nurse may have his or her liceNnUsR
e SrIeNvG
okTeBd.CoOrMbe required to take a refresher course, but
this would be based on the evidence presented at a hearing. The licensing examination is not
usually required as a correction of the situation as described.
DIF: Cognitive Level: Knowledge REF: p. 33 OBJ: Theory #3
TOP: Professional Discipline KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
6. A nurse co-worker arrives at work 30 minutes late, smelling strongly of alcohol. The fellow
nurses’ legal course of action is to:
a. have the nurse lie down in the nurses’ lounge and sleep while others do the work.
b. state that, if this happens again, it will be reported.
c. report the condition of the nurse to the nursing supervisor.
d. offer a breath mint and instruct the nurse co-worker to work.
ANS: C
Nurses must report the condition. It is a nurse’s legal and ethical duty to protect patients from
impaired or incompetent workers. Allowing the impaired nurse to sleep enables the impaired
nurse to avoid the consequences of his or her actions and to continue the risky behavior.
Threatening to report “the next time” continues to place patients at risk, as does masking the
signs of impairment with breath mints.
DIF: Cognitive Level: Application REF: p. 33 OBJ: Theory #3
TOP: Professional Discipline KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
MULTIPLE CHOICE
1. A student nurse who is not yet licensed:
a. may not perform nursing actions until he or she has passed the licensing
examination.
b. is not responsible for his or her actions as a student under the state licensing law.
c. are held to the same standards as a licensed nurse.
d. must apply for a temporary student nurse permit to practice as a student.
ANS: C
Student nurses are held to the same standards as a licensed nurse. This means that
although a student nurse may not perform a task as quickly or as smoothly as the licensed
nurse would, the student is expected to perform it as effectively. In other words, she must
achieve the same outcome without harm to the patient. The student is legally responsible for
her own actions or inaction, and many schools require the student to carry malpractice
insurance.
DIF: Cognitive Level: Knowledge REF: p. 32 OBJ: Theory #1
TOP: Practice Regulations for the Student Nurse KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
2. During an employment interview, the interviewer asks the nurse applicant about HIV status.
The nurse applicant can legally reN
spUoRnSdI:NGTB.COM
a. “No,” even though he or she has a positive HIV test.
b. “I don’t know, but I would be willing to be tested.”
c. “I don’t know, and I refuse to be tested.”
d. “You do not have a right to ask me that question.”
ANS: D
In employment practice, it is illegal to discriminate against people with certain diseases or
conditions. Asking a question about health status, especially HIV or AIDS infection, is illegal.
DIF: Cognitive Level: Application REF: p. 34 OBJ: Clinical Practice #1
TOP: Discrimination KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
3. An example of a violation of criminal law by a nurse is:
a. taking a controlled substance from agency supply for personal use.
b. accidentally administering a drug to the wrong patient, who then has a serious
reaction.
c. advising a patient to sue the doctor for a supposed mistake the doctor made.
d. writing a letter to the newspaper outlining questionable or unsafe hospital
practices.
ANS: A
Theft of a controlled substance is a federal crime and consequently a crime against society.
DIF: Cognitive Level: Application REF: p. 32 OBJ: Theory #2
, TOP: Criminal Law KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
4. The LPN (LVN) assigns part of the care for her patients to a nursing assistant. The LPN is
legally required to perform which of the following for the residents assigned to the assistant?
a. Toilet the residents every 2 hours and as needed.
b. Feed breakfast to one of the residents who needs assistance.
c. Give medications to the residents at the prescribed times.
d. Transport the residents to the physical therapy department.
ANS: C
Toileting, feeding, and transporting residents or patients are tasks that can be legally assigned
to a nurse’s aide. Administering medications is a nursing act that can be performed only by a
licensed nurse or by a student nurse under the supervision of a licensed nurse.
DIF: Cognitive Level: Application REF: p. 33 OBJ: Theory #3
TOP: Delegation KEY: Nursing Process Step: Implementation
MSC: NCLEX: Safe, Effective Care Environment: Coordinated Care
5. If a nurse is reported to a state board of nursing for repeatedly making medication errors, it is
most likely that:
a. the nurse will immediately have his or her license revoked.
b. the nurse will have to take the licensing examination again.
c. a course in legal aspects of nursing care will be required.
d. there will be a hearing to determine whether the charges are true.
ANS: D
The nurse may have his or her liceNnUsR
e SrIeNvG
okTeBd.CoOrMbe required to take a refresher course, but
this would be based on the evidence presented at a hearing. The licensing examination is not
usually required as a correction of the situation as described.
DIF: Cognitive Level: Knowledge REF: p. 33 OBJ: Theory #3
TOP: Professional Discipline KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
6. A nurse co-worker arrives at work 30 minutes late, smelling strongly of alcohol. The fellow
nurses’ legal course of action is to:
a. have the nurse lie down in the nurses’ lounge and sleep while others do the work.
b. state that, if this happens again, it will be reported.
c. report the condition of the nurse to the nursing supervisor.
d. offer a breath mint and instruct the nurse co-worker to work.
ANS: C
Nurses must report the condition. It is a nurse’s legal and ethical duty to protect patients from
impaired or incompetent workers. Allowing the impaired nurse to sleep enables the impaired
nurse to avoid the consequences of his or her actions and to continue the risky behavior.
Threatening to report “the next time” continues to place patients at risk, as does masking the
signs of impairment with breath mints.
DIF: Cognitive Level: Application REF: p. 33 OBJ: Theory #3
TOP: Professional Discipline KEY: Nursing Process Step: N/A
MSC: NCLEX: N/A
