COMPREHENSIVE STUDY GUIDE
QUESTIONS AND ANSWERS
●● Statutory Law
Answer: are those established through formal legislative processes
●● Administrative Law
Answer: result when the legislative branch of government agencies to
create laws that meet the intent of a statute
●● Civil Law
Answer: recognizes and enforces the rights of individuals in disputes
over legal rights or duties of individuals in relation to one another
●● Criminal Law
Answer: Involves public concerns regarding an individual's unlawful
behavior that threatens society, such as murder, robbery, kidnapping, or
domestic violence
●● Nurse Practice Act: Who is it established by? Does it vary?
Answer: It's established by the state legislator
May vary somewhat from state to state
,●● 4 Objectives of Nurse Practice Act
Answer: 1. It defines the practice of nursing in that state (defines what
nurses can and can't do)
2. Sets minimal qualification to be a nurse
3. Determines legal titles and what abbreviations they can have behind
theirname
4. Provides disciplinary action
●● If you belong to ANA then you can...
Answer: *If you belong to ANA then you can lobby and write to state
legislators, so they can have a say in what they can and can't do
●● Nurse Practice Act: Development guided by Nsg Org.
Answer: ANA - Model Practice Act
NCSBN Model Practice Act
●● Nurse Practice Act: State Legislative Branch
Answer: delegates authority to enforce the law to an Executive Agency -
usually the Board of Nursing
●● State Board of Nursing
Answer: Mirrors state/national government
,1. Executive: Administers Nurse Practice Act
2. Legislative: Creates rules to carry out Nurse Practice Act
3. Judicial: enforces the Nurse Practice Act
●● Who are the members appointed by?
Answer: Governor
●● State Board of Nursing: Judicial has the authority too.... (2)
Answer: 1. discipline- most common reason - practicing while impaired
2. Deny licensure
●● Most common reason nurses get in trouble?
Answer: -Practicing as a nurse while impaired and another common one
is continuing education
●● Purpose of Licensure?
Answer: protect the public
●● Licensure: Mandatory
Answer: License to practice as nurse - Required
●● Licensure: Permissive
, Answer: Someone can practice the profession/occupation of nurse as
long as they don't use the title -
●● Licensure: Mandatory Licensure
Answer: -required for LPN and RN in all states - can call themselves
nurses.
-CNA's and UAP - can't call themselves nurses
●● NCLEX
Answer: -Tests critical thinking and nursing competence
-Must complete basic nursing education at state-approved school of
nursing
●● Mobility of Licensure
Answer: 1. Endorsement
2. Compact
●● Legal Risks: Malpractice is
Answer: is negligence applied to the acts of a professional
●● Legal Risks: Negligence is
Answer: is the failure to act as a reasonably prudent person would have
acted in the same circumstances