ECTION 1 | Management of Care
Chapter 4: Legal Responsibilities
Understanding the laws governing nursing practice helps nurses protect
clients’ rights and reduce the risk of nursing liability.
Nurses are accountable for practicing nursing within the confines of the law
to shield themselves from liability; advocate for clients’ rights; provide care
that is within the nurse’s scope of practice; discern the responsibilities of
nursing in relationship to the responsibilities of other members of the health
care team; and provide safe, proficient care consistent with standards of
care.
Sources of Law
Federal Regulations
Federal laws affecting nursing practice
Health Insurance Portability and Accountability Act (HIPAA)
Americans with Disabilities Act (ADA)
Mental Health Parity Act (MHPA)
Patient Self-Determination Act (PSDA)
Criminal and Civil Laws
Criminal law is a subsection of public law and relates to the
relationship between an individual and the government. A nurse who
falsifies a record to cover up a serious mistake can be guilty of
breaking a criminal law.
Civil laws protect individual rights. One type of civil law that relates
to the provision of nursing care is tort law.
State Laws
Each state has enacted statutes that define the parameters of nursing
practice and give the authority to regulate the practice of nursing to
its state board of nursing.
In turn, the boards of nursing have the authority to adopt rules and
regulations that further regulate nursing practice. Although the
practice of nursing is similar among states, it is critical that nurses
, know the laws and rules governing nursing in the state in which
they practice.
Boards of nursing have the authority to issue and revoke a nursing
license.
Boards also set standards for nursing programs and further delineate
the scope of practice for RNs, practical nurses (PNs), and advanced
practice nurses.
All states have some type of Good Samaritan law that protects health
care workers from liability when they intervene at the scene of an
emergency.
Licensure
In general, nurses must have a current license in every state in which they
practice. The states (about half of them) that have adopted the nurse
licensure compact are exceptions. This model allows licensed nurses who
reside in a compact state to practice in other compact states under a
multistate license. Within the compact, nurses must practice in accordance
with the statues and rules of the state in which they provide care.
Types of Torts
Unintentional torts
Negligence: A nurse fails to implement safety measures for a client at risk for falls.
Malpractice (professional negligence): A nurse administers a large dose of
medication due to a calculation error. The client has a cardiac arrest and dies.
Quasi-intentional torts
Breach of Confidentiality: A nurse releases a client’s medical diagnosis to a membe
of the press.
Defamation of Character: A nurse tells a coworker that they believe the client has
been unfaithful to their partner.
Intentional torts
Assault Battery False Imprisonment
The conduct of one Intentional and wrongful A person is confined or
person makes another physical contact with a person restrained against their will
person fearful and that involves an injury or
Chapter 4: Legal Responsibilities
Understanding the laws governing nursing practice helps nurses protect
clients’ rights and reduce the risk of nursing liability.
Nurses are accountable for practicing nursing within the confines of the law
to shield themselves from liability; advocate for clients’ rights; provide care
that is within the nurse’s scope of practice; discern the responsibilities of
nursing in relationship to the responsibilities of other members of the health
care team; and provide safe, proficient care consistent with standards of
care.
Sources of Law
Federal Regulations
Federal laws affecting nursing practice
Health Insurance Portability and Accountability Act (HIPAA)
Americans with Disabilities Act (ADA)
Mental Health Parity Act (MHPA)
Patient Self-Determination Act (PSDA)
Criminal and Civil Laws
Criminal law is a subsection of public law and relates to the
relationship between an individual and the government. A nurse who
falsifies a record to cover up a serious mistake can be guilty of
breaking a criminal law.
Civil laws protect individual rights. One type of civil law that relates
to the provision of nursing care is tort law.
State Laws
Each state has enacted statutes that define the parameters of nursing
practice and give the authority to regulate the practice of nursing to
its state board of nursing.
In turn, the boards of nursing have the authority to adopt rules and
regulations that further regulate nursing practice. Although the
practice of nursing is similar among states, it is critical that nurses
, know the laws and rules governing nursing in the state in which
they practice.
Boards of nursing have the authority to issue and revoke a nursing
license.
Boards also set standards for nursing programs and further delineate
the scope of practice for RNs, practical nurses (PNs), and advanced
practice nurses.
All states have some type of Good Samaritan law that protects health
care workers from liability when they intervene at the scene of an
emergency.
Licensure
In general, nurses must have a current license in every state in which they
practice. The states (about half of them) that have adopted the nurse
licensure compact are exceptions. This model allows licensed nurses who
reside in a compact state to practice in other compact states under a
multistate license. Within the compact, nurses must practice in accordance
with the statues and rules of the state in which they provide care.
Types of Torts
Unintentional torts
Negligence: A nurse fails to implement safety measures for a client at risk for falls.
Malpractice (professional negligence): A nurse administers a large dose of
medication due to a calculation error. The client has a cardiac arrest and dies.
Quasi-intentional torts
Breach of Confidentiality: A nurse releases a client’s medical diagnosis to a membe
of the press.
Defamation of Character: A nurse tells a coworker that they believe the client has
been unfaithful to their partner.
Intentional torts
Assault Battery False Imprisonment
The conduct of one Intentional and wrongful A person is confined or
person makes another physical contact with a person restrained against their will
person fearful and that involves an injury or
