NURSING JURISPRUDENCE EXAM (QUESTIONS AND ANSWERS)

NURSING JURISPRUDENCE EXAM (QUESTIONS AND ANSWERS) Jurisprudence - CORRECT ANSWER-the science or philosophy of law Sources of Law - CORRECT ANSWER--Constitutional Law: Federal, State -Statutory Law: Federal, State -Common Law -Administrative Law Criminal Law - CORRECT ANSWER-Federal or state government attempting to deprive an individual of life or liberty for something the law considers an offence against society in general Civil Law - CORRECT ANSWER-Seeks to resolve disputes between private parties, which often result in payment of money Different Burden of Proof - CORRECT ANSWER-Beyond a reasonable doubt; preponderance of the evidence Types of Torts - CORRECT ANSWER--Negligence -Intentional: Assault Battery False Imprisonment -Quasi-Intentional: Defamation, Liable, Slander Malpractice - CORRECT ANSWER-Negligence committed by a person in his or her professional capacity is malpractice. Also known as professional negligence. Medical and nursing malpractice occur when a doctor or nurse fails to do that which a reasonable, prudent doctor or nurse would do under the same or similar circumstances, or does that which a reasonable or prudent doctor or nurse would not do under the same or similar circumstances. Elements of a Nursing Malpractice Lawsuit - CORRECT ANSWER-Duty - the existence of a duty, owed by the nurse to a patient, to conform to a recognized standard of care Breach - a failure to conform to the required standard of care Harm - an actual injury Cause - there must be proof that the injury was caused by the nurse's act or omission Intentional Tort: Assault - CORRECT ANSWER-Example of this tort: A nurse threatens to place an NG tube in a client who is refusing to eat Intentionally placing another in apprehension or fear that they will suffer harmful or offensive contact. Intentional Tort: Battery - CORRECT ANSWER-Intentional contact that is harmful or offensive, or creating the apprehension that such contact is imminent. -false imprisonment accompanied by forceful restraint or threat of restraint is BATTERY. IE: Restraining a person to give an injection against their consent or order Intentional Tort: False Imprisonment - CORRECT ANSWER-"unjustifiable detention of a person without legal warrant to confine the person" (client has the right to leave AMA) -false imprisonment accompanied by forceful restraint or threat of restraint is BATTERY. Quasi-Intentional Tort: Defamation - CORRECT ANSWER-A communication that tends to hold the plaintiff up to hatred, contempt or ridicule, or to cause him to be shunned or avoided. Tarnishing the reputation of someone. Quasi-Intentional Tort: Defamation Types - CORRECT ANSWER-Types: Libel - printed or broadcast Slander - spoken Nurse Practice Act (NPA) - CORRECT ANSWER-defines the scope and limitations of professional nursing practice; vary from state to state. The practice of nursing is a right granted by a state to protect those who need nursing care. The guidelines of the NPA and its rules provide safe parameters within which to work, as well as protect patients from unprofessional and unsafe nursing practice. The act is a dynamic document that evolves and is updated or amended as changes in scope of practice occur.All states and territories have enacted a NPAGenerally, NPAs include:Authority, power and composition of a board of nursingEducation program standardsStandards and scope of nursing practiceTypes of titles and licensesRequirements for licensureGrounds for disciplinary action, other violations and possible remedies Rules & Regulations - CORRECT ANSWER-The NPA itself is insufficient to provide the necessary guidance for the nursing profession, therefore, each NPA establishes a board of nursing (BON) that has the authority to develop administrative rules or regulations to clarify or make the law more specific. Rules and regulations must be consistent with the NPA and cannot go beyond it. These rules and regulations undergo a process of public review before enactment. Once enacted, rules and regulations have the full force and effect of law. IT IS A NURSE'S RESPONSIBILITY TO KNOW NPA/RULES AND REGULATIONS - CORRECT ANSWER-As a nurse in Texas, you have a responsibility to know and follow the Nursing Practice Act and all applicable BON Rules and Regulations relating to your nursing practice. All current BON Rules and Regulations and the Nursing Practice Act can be downloaded from the BON's web site at Standards of Nursing Practice - CORRECT ANSWER-Standards Applicable to All Nurses. All vocational nurses, registered nurses and registered nurses with advanced practice authorization shall: (A) Know and conform to the Texas Nursing Practice Act and the board's rules and regulations as well as all federal, state, or local laws, rules or regulations affecting the nurse's current area of nursing practice. The standards of practice establish a minimum acceptable level of nursing practice in any setting for each level of nursing license or advanced practice authorization. Failure to meet these standards may result in action against the nurse's license even if no actual patient injury resulted. Laws & Regulations Regarding Nursing - CORRECT ANSWER-- Texas Nurse Practice Act (NPA) - Texas Board of Nursing (BON) Rules & Regulations - BON Position Statements Don't have the force of law, but the Board strongly encourages nurses to choose those position statements applicable to their practice setting and incorporate them into their daily practice to assure patient safety The Texas Board of Nursing (BON) - CORRECT ANSWER-Established by passage of the NPA BON empowered by NPA with the responsibility and legal authority for ensuring competent practitioners of nursing. Grants authority to the BON to make the rules and regulations to carry out the act. The Board: - CORRECT ANSWER-Protects the public from unsafe nursing practice, provides approval for more than 200 nursing education programs, issues licenses to more than 27,000 nurses per year by examination to new graduates and by endorsement to licensees from other states seeking a Texas license, as well as providing nursing practice and education guidance to more than 350,000 currently licensed nurses practicing in the State of Texas. BON Responsibilities & Services - CORRECT ANSWER-Licensing qualified practitioners Enforcement - investigating violations of the NPA and initiating appropriate legal action when necessary Establishing minimum standards for educational programs in nursing BON Mission Fulfilled Through - CORRECT ANSWER-The regulation of the practice of nursing The approval of nursing education programs. Licensure Required - CORRECT ANSWER-A person may not practice or offer to practice professional nursing or vocational nursing in this state unless the person is licensed [NPA § 301.251] This section of the NPA establishes the NPA as a practice control act for RNs and LVNs Use of Titles - CORRECT ANSWER-Must hold a license to use the title:Registered Nurse or RN Professional Nurse Licensed Vocational Nurse or LVN Any designation that implies that the person is a licensed registered or vocational nurse Clearly Legible Insignia - CORRECT ANSWER-When interacting with the public in a nursing role, RNs and LVNs must wear an insignia identifying them as RNs or LVNs [NPA § 301.351] APRNs practicing in an advance practice role must identify themselves with their APRN title BON Rule 217.10(b) requires the nurse's first or last name and licensure level Although the board does not require the inclusion of any other designations, with the exception of the specific authorization of advanced practice nurses, the insignia may not contain information other than: - CORRECT ANSWER-(A) the registered nurse or licensed vocational nurse designation; (B) the nurse's name, certifications, academic degrees, or practice position; (C) the name of the employing facility or agency, or other employer; or (D) a picture of the nurse. No More Paper Licenses - CORRECT ANSWER-The BON discontinued issuing walletsized paper licenses for nurses renewing their licenses beginning September 1, 2008Paper license certificates are issued for: Graduate nurses who pass the NCLEX® exam and obtain their initial license in Texas;Nurses who hold licenses in other states and are obtaining a Texas license for the first time; andNurses who receive full licensure as APRNs Licensure Verification - CORRECT ANSWER-Employers may verify the licensure status of all nurses seeking employment online or by phone. Renewal of Licensure - CORRECT ANSWER-60 days prior to license expiration, the BON will mail a postcard reminder to renew online. This is one of the reasons it is important to keep your contact information up to date! Continuing Competency (TAC Chapter 216) - CORRECT ANSWER-Purpose: to ensure nurses stay abreast of current industry practices, enhance their professional competence, learn about new technology and treatment regimens, and update their clinical skills. [TAC § 216.2] All nurses are required to demonstrate continuing competency for renewal of licensure