Healthcare Law - Answers Legislation and regulation pertaining to delivery of health care and nursing
practice.
Scope of Healthcare Law - Answers Created at local, state, and federal level. Laws have a direct impact
on quality of healthcare delivery.
Categories of Healthcare Laws - Answers -Constitution (Federal and State)
-Legislation (Legislative)
-Administrative Law and Regulations (Executive)
-Litigation (Judicial Branch)
Constitutional (Federal and State) Laws - Answers Establish governments and delineate rights and
obligations of government and individuals. Federal Constitution restrains government more than it
confers individual rights. Bill of Rights specifically guaranteer several important rights.
Legislation (Legislative) Laws - Answers The creation of law through the federal or state legislatures.
Legislative Laws are also know as? - Answers Statutory Laws
Administrative Law and Regulations (Executive) - Answers Specific rules that promote and enforce
legislative policy. Regulatory agencies are given the authority to create and enforce specific laws.
Ex: Nurse Practice Act creates the BON
Litigation (Judicial Branch) - Answers The process of filing a lawsuit and seeking the help of the courts
to redress a perceived wrong.
Litigation creates what kinds of laws? - Answers Case Laws
Examples of Case Laws - Answers -Right to Die (Karen Ann Quinlan, 1977)
-Abortion Rights (Roe v Wade)
Federal Laws - Answers -US Constitution
-Social Security Act
-EMTALA
-ADA
-Patient-Self Determination Act
-HIPAA
-ACA
Social Security Act - Answers Gives the government a little power to regulate healthcare.
EMTALA - Answers Emergency Medical Treatment and Active Labor Act
Cannot assess wallet first, triage and stabilize the patient FIRST.
ADA - Answers Americans with Disabilities Act
Ramps, elevators, brail. Think accessibility.
Patient-Self Determination Act - Answers Required to ask for Advanced Directives or if they want one
in place.
HIPAA - Answers Health Insurance Privacy and Portability Act.
Provides the patient with privacy.
ACA - Answers Affordable Care Act, Obama Care
Allows for easily accessible healthcare, improves affordability and medical records.
State Laws - Answers -Nurse Practice Act
-Licensing
-Public Health and Disease Prevention
-Good Samaritan Law
-Consent
-Advance Directives
Nurse Practice Act - Answers Creates the Board of Nursing, outlines nursing scope of practice and
types of titles a licenses. Also outlines education program standards.
Licensing - Answers of the providers and facilities, outlines scope of practice.
Public Health and Disease Prevention - Answers Department of Health (DOH). Surveils diseases and
manages disaster preparedness.
Good Samaritan Law - Answers Protect healthcare workers when they help in an emergency if it is
within their scope of practice. GSL is in effect outside of the healthcare setting.
Consent - Answers Right to make decisions about their bodies, ensures privacy and protection from
others, informed consent.
, Informed Consent - Answers Patient education is key. Patient has the right to ask questions and refuse
the treatment/procedure. The patient must be competent and have capacity to make a decision.
Advanced Directives - Answers Refers primarily to DNR/DNI
Require to ask and obtain from each patient. Also allows for the right to refuse treatment and the
right to appoint someone to make decisions for them if they are deemed incompetent.
Tort Law - Answers -Negligence
-Malpractice
Negligence - Answers Conduct that falls below the standard of care. This can include acts of Omission
and Commission. You can be held liable for not meeting appropriate standards of care.
Malpractice - Answers There is required criteria for something the be considered malpractice.
-Owed the patient a duty/standard of care.
-Breached the duty/standard to provide adequate care.
-Caused injury to the patient (causation)
-Caused and injury that resulted in damages
Ways to Protect Yourself - Answers -know your policies
-Safe Harbor
-Professional liability insurance
Areas of Risk for Nurses - Answers -Assault/Battery
-False Imprisonment
-Fraud
Ethics - Answers The study or examination of morality through a variety of different approaches.
Morality - Answers An accepted set of social standards (or morals) that guides behavior.
Categories of Ethics - Answers -Societal
-Organizational
-Bioethics/Clinical
-Professional
-Personal
Societal Ethics - Answers Behavior commonly accepted/practiced within a group. Basis of acceptable
vs. unacceptable behavior.
Can be influenced by laws and regulations.
Organizational Ethics - Answers Guides actions within an organization. There may be formal and
informal values. Directs all aspects of an organizations actions, behaviors and decisions.
Bioethics - Answers Involved in biological sciences and technology.
Clinical Ethics - Answers Involved in patient care decision in action (at the bedside).
Research Ethics - Answers Ethics as it applies to research (on humans and animals).
Professional Ethics - Answers Standards and expectations of a particular profession; nurses are held to
a higher standard.
Personal Ethics - Answers -Major overlap with other categories
-This is usually where conflict can arise.
-Not permanent, can change overtime.
-Must be able to separate your own biases and beliefs.
Ethical Principles - Answers -Autonomy
-Beneficence
-Nonmaleficence
-Justice
-Fidelity
-Veracity
Autonomy - Answers Right to self-determination, help make patients make their own decisions about
their care.
Think "Bodily Autonomy"
Beneficence - Answers Do what is best for your patient. Act in their best interest, promote welfare.
Nonmaleficence - Answers Avoid causing any harm to patients and anyone else as much as possible.
"Do Not Harn".
Justice - Answers To treat people equally, fairly, and appropriately. Offer everyone the same
treatment and care regardless of barriers.
Fidelity - Answers Keep promises, fulfill expectations, perform your duties, and be trustworthy.
Veracity - Answers Truthfulness, to be truthful.