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Rules of conduct established and enforced by government that are intended to protect both the general public and each person. |
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Constitutional, statutory, administrative, common, criminal, and civil. |
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2 EXAMPLES OF CONSTITUTIONAL LAW |
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Laws enacted by federal, state, or local legislatures that are sometimes identified as public acts, codes, or ordinances. |
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A statute that legally defines the unique role of the nurse and differentiates it from that of other health care practitioners, such as physicians. |
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COMMON ELEMENTS OF DIFFERENT STATE NURSE PRACTICE ACTS |
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-Define the scope of nursing practice -Establish the limits to that practice -Identify the titles that nurses may use such as: LPN, LVN, and RN -Authorize a board of nursing to oversee nursing practice -Determine what constitutes grounds for disciplinary action |
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Legal provisions through which federal, state, and local agencies maintain self-regulation. |
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Regulatory agency for managing the provisions of a state's nurse practice act. |
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STATE BOARD OF NURSING ACTIVITIES |
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-Review and approve nursing education programs in the state -Establish criteria for licensing nurses -Oversee procedures for nurse licensing examinations -Issue and transfer nursing licenses -Investigate allegations against nurses licensed in that state -Discipline nurses who violate legal and ethical standards |
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Licensure based on evidence of having met licensing criteria in another state |
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Defines the duties and limitations of the executive, legislative, and judicial branches of government. |
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Agreements between states in which a nurse licensed in one state can practice in another without obtaining an additional license. |
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Information from his or her state through electronic or telephone access to residents in another state. |
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Decisions based on prior similar cases - also known as "judicial law" - and is based on the principle, "let the decision stand" |
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Penal codes that protect all citizens from people who pose a threat to the public good - these laws are used to prosecute those who commit crimes. |
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A serious criminal offense |
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Statutes that protect personal freedoms and rights that apply to disputes between individual citizens. |
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Litigation in which one person asserts that a physical, emotional, or financial injury was a consequence of another person's actions or failure to act. |
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Person charged with violating the law. |
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An expected action based on moral or legal obligations. |
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Lawsuits in which a plaintiff charges that a defendant committed a deliberately aggressive act. |
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An act in which bodily harm is threatened or attempted. |
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Unauthorized physical contact. |
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Interference with a person's freedom to move about at will without legal authority to do so. |
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Devices or chemicals that restrict movement. |
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Failure to leave people and their property alone. |
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An act in which untrue information harms a person's reputation. |
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Character attack uttered orally in the presence of others. |
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Damaging statements written and read by others. |
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Torts that result in injury, although the person responsible did not mean to cause harm. |
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Harm that results because a person did not act reasonably. |
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Professional negligence that holds professionals to a higher standard of accountability. |
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The caregiver failed to provide appropriate care, or the care provided was given negligently, that is, in a way that conflicts with how others with similar education would have acted given the same set of circumstances. |
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The caregiver's action, or lack of it, that caused the patient harm. |
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Physical, psychological, or financial harm occurred. |
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A contract between a person or corporation willing to provide legal services and financial assistance when the policyholder is involved in a malpractice lawsuit. |
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Laws that provide legal immunity to passerby who provide emergency first aid to victims of accidents. |
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Designated time within which a person can file a lawsuit. |
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When a client is forewarned of a potential safety hazard and chooses to ignore the warning. |
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Accurate, thorough information that has been either included or excluded in reports and charting. |
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The process of identifying and reducing the costs of anticipated losses. |
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A written account of an unusual, potentially injurious event involving a client, employee, or visitor. |
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Personal, handwritten account of an incident. |
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Moral or philosophical principles - direct actions as being either right or wrong. |
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A list of written statements describing ideal behavior. |
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Choice between two undesirable alternatives. |
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TWO ETHICAL PROBLEM-SOLVING THEORIES USED TO GUIDE IN SOLVING ETHICAL DILEMMAS |
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Ethical decision making based on final outcomes. |
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Ethical decision making based on duty or moral obligations. |
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SIX PRINCIPLES THAT FORM A FOUNDATION FOR ETHICAL PRACTICE |
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Beneficence, nonmaleficence, autonomy, veracity, fidelity, and justice. |
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"Doing good" or acting for another's benefit. |
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"Doing no harm" or avoiding action that deliberately harms a person. |
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A competent person's rights to make his or her own choices without intimidation or influence. |
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The duty to be honest and avoid deceiving or misleading a client. |
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Being faithful to work-related commitments and obligations. |
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Mandates that clients be treated impartially without discrimination according to age, gender, race, religion, socioeconomic status, weight, marital status, or sexual orientation. |
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A person's most meaningful beliefs and the basis on which he or she makes most decisions about right or wrong. |
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A broad cross section of professionals and nonprofessionals within the community with varying viewpoints whose diversity encourages healthy debate about ethics issues. |
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A proposal that all clients have the right to complete and accurate information. |
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A form of safeguarding a person's health information from public disclosure. |
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A written statement identifying a competent person's wishes concerning terminal care - ie. living will, durable power of attorney for healthcare |
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An instructive form of an advance directive - a written document that identifies a person's preferences regarding medical interventions to use - or not use - in a terminal condition, irreversible coma, or persistent vegetative state with no hope of recovery. |
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DURABLE POWER OF ATTORNEY FOR HEALTH CARE |
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Designates a proxy for making medical decisions when the client becomes so incompetent or incapacitated that he or she cannot make decisions independently. |
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Refers to how health care personnel are required to manage care in the case of cardiac or respiratory arrest. |
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ALLOCATION OF SCARCE RESOURCES |
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The process of deciding how to distribute limited life-saving equipment or procedures among several who could benefit. |
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Reporting incompetent or unethical practices - as the name implies, calls attention to unsafe or potentially harmful situations. |
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