Nursing 1110: Exam 2 Blueprint UPDATED ACTUAL Questions and
CORRECT Answers
Healthcare Law Overview Patient Self-Determination Act: patient must be informed in writing on their right
to accept of refuse treatment and the right to an advance directive.
Emergency Medical Treatment and Active Labor Act: ensure public access to
emergency services regardless of ability to pay.
Good Samaritan Act: offers limited protection to someone who attempts to help a
person in distress - if a medical professional, confined to scope, and cannot
abandon pt until medical help arrives (once you start, you can't stop)
Affordable Care Act: make affordable health insurance available to more
people/uninsured
Uniform Anatomical Gift Act: encourages organ donation - allows decedent or
surviving relatives to donate certain organs for research or transplantation. A
federal framework that sets how anatomical gifts can be made.
Americans with Disabilities Act: civil rights law that prohibits discrimination against
individuals with disabilities in all areas of public life ( jobs, schools, transportation,
public/private places that are open to public)
Mental Health Parity and Addiction Equity Act: requires most health plans/insurers
that offer coverage for mental health conditions or substance abuse disorders
make these benefits comparable to med/surg benefits. Comprehensive coverage
for mental health and substance abuse disorders.
Omnibus Budget Reconciliation Act: OBRA - meant to improve quality of life and
safety of nursing home residents. Regulated use of restraints to manage patient
behavior - knowing when and how to use restraints - protects rights of nursing
facility residents (same rights as everyone else).
,Tort Law Intentional Tort:
- Assault: a threat toward another person that places the person in reasonable
fear of harm or unwelcome contact. Assault does NOT require actual physical
contact - a verbal threat can be considered assault.
- Battery: actual contact - offensive touching without consent or lawful
justification. The contact can be harmful/cause injury or can just be offensive to
the person's dignity.
- False Imprisonment: restraint without a legal reason, preventing the ability to
move about freely (physical or chemical restraint).
Quasi-intentional tort:
- Invasion of privacy: unlawful intrusion into private affairs, possessions, disclosure
of private info
- Defamation of character: publication of false statements that causes injury or
damage to a person's character
Unintentional tort:
- Negligence: conduct that falls below the generally accepted standard of care
used by a reasonably prudent person
- Malpractice: when a professional fails to properly execute their duty to a client.
Nursing malpractice: criteria 1. That the nurse/physician/provider owed the patient a duty/standard of care
2. That the duty or standard of care was breached/fell below the standard of care
3. That the breach in the standard of care caused injury to the patient (causation)
4. That the injury sustained caused damage (injury/harm)
Duty: professional nurse-patient relationship. The duty of a nurse is to act as a
reasonable nurse would act under the same or similar circumstances when caring
for patients
Breach: failure to use the degree of skill and care ordinarily used under same or
similar circumstances - fallen below standard of care
Causation: a breach in the standard of care caused injury to the patient
Harm: injury caused damage
Informed Consent: principles and nursing roles Informed consent: patient's agreement to receive medical care after receiving full
explanation of risks, benefits, alternatives, and consequences of refusal -
disclosed in language the patient can understand
Nursing roles: witness signature on informed consent form, make sure the form is
signed. NOT our role to explain procedure, risks/benefits, etc. That is the
provider's responsibility.
Mandatory reporting As a healthcare provider, you have a duty and responsibility to report abuse or
neglect of patients (children and elderly) if you have REASONABLE SUSPICION
to believe that patient is at risk of harm.
You also have a duty to report communicable diseases to the health department.
, Involuntary admission Reasons: Court Ordered
- Dx w/ mental illness
- Clear and present danger to self
- Grave disability - can't take care of themselves
- Need for involuntary treatment - essential for health and safety
- Lack of capacity to consent/seek tx
CORRECT Answers
Healthcare Law Overview Patient Self-Determination Act: patient must be informed in writing on their right
to accept of refuse treatment and the right to an advance directive.
Emergency Medical Treatment and Active Labor Act: ensure public access to
emergency services regardless of ability to pay.
Good Samaritan Act: offers limited protection to someone who attempts to help a
person in distress - if a medical professional, confined to scope, and cannot
abandon pt until medical help arrives (once you start, you can't stop)
Affordable Care Act: make affordable health insurance available to more
people/uninsured
Uniform Anatomical Gift Act: encourages organ donation - allows decedent or
surviving relatives to donate certain organs for research or transplantation. A
federal framework that sets how anatomical gifts can be made.
Americans with Disabilities Act: civil rights law that prohibits discrimination against
individuals with disabilities in all areas of public life ( jobs, schools, transportation,
public/private places that are open to public)
Mental Health Parity and Addiction Equity Act: requires most health plans/insurers
that offer coverage for mental health conditions or substance abuse disorders
make these benefits comparable to med/surg benefits. Comprehensive coverage
for mental health and substance abuse disorders.
Omnibus Budget Reconciliation Act: OBRA - meant to improve quality of life and
safety of nursing home residents. Regulated use of restraints to manage patient
behavior - knowing when and how to use restraints - protects rights of nursing
facility residents (same rights as everyone else).
,Tort Law Intentional Tort:
- Assault: a threat toward another person that places the person in reasonable
fear of harm or unwelcome contact. Assault does NOT require actual physical
contact - a verbal threat can be considered assault.
- Battery: actual contact - offensive touching without consent or lawful
justification. The contact can be harmful/cause injury or can just be offensive to
the person's dignity.
- False Imprisonment: restraint without a legal reason, preventing the ability to
move about freely (physical or chemical restraint).
Quasi-intentional tort:
- Invasion of privacy: unlawful intrusion into private affairs, possessions, disclosure
of private info
- Defamation of character: publication of false statements that causes injury or
damage to a person's character
Unintentional tort:
- Negligence: conduct that falls below the generally accepted standard of care
used by a reasonably prudent person
- Malpractice: when a professional fails to properly execute their duty to a client.
Nursing malpractice: criteria 1. That the nurse/physician/provider owed the patient a duty/standard of care
2. That the duty or standard of care was breached/fell below the standard of care
3. That the breach in the standard of care caused injury to the patient (causation)
4. That the injury sustained caused damage (injury/harm)
Duty: professional nurse-patient relationship. The duty of a nurse is to act as a
reasonable nurse would act under the same or similar circumstances when caring
for patients
Breach: failure to use the degree of skill and care ordinarily used under same or
similar circumstances - fallen below standard of care
Causation: a breach in the standard of care caused injury to the patient
Harm: injury caused damage
Informed Consent: principles and nursing roles Informed consent: patient's agreement to receive medical care after receiving full
explanation of risks, benefits, alternatives, and consequences of refusal -
disclosed in language the patient can understand
Nursing roles: witness signature on informed consent form, make sure the form is
signed. NOT our role to explain procedure, risks/benefits, etc. That is the
provider's responsibility.
Mandatory reporting As a healthcare provider, you have a duty and responsibility to report abuse or
neglect of patients (children and elderly) if you have REASONABLE SUSPICION
to believe that patient is at risk of harm.
You also have a duty to report communicable diseases to the health department.
, Involuntary admission Reasons: Court Ordered
- Dx w/ mental illness
- Clear and present danger to self
- Grave disability - can't take care of themselves
- Need for involuntary treatment - essential for health and safety
- Lack of capacity to consent/seek tx
