Exam #2: Legal Issues*** Flashcards Preview

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Flashcards in Exam #2: Legal Issues*** Deck (52)
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31

What is Brain Death?

the irreversible cessation of all functions of the entire brain including the brain stem

32

Karen Ann Quinlan

father removed extrodinary measures and she lived 10 additional years

33

Nancy Cruzan

family wanted feeding tube removed
--> first right to die case in supreme court

34

Patient Self-determination Act

states all hospitals/healthcare facilities are mandated to ask about advanced directives or provide info

35

Durable Power of Attorney

designate another individual to make decisions for you

36

Euthanasia

assisting a pt with death
-legal in 3 states
1. Passive: decision to cease/not start treatment, accounts for 70% of hospital deaths
2. Active: intentional act, voluntary/involuntary

37

“Final Exit”

book by Hemlock Society on how to kill self successfully, adequate medication, etc

38

Suicide

-criminal act if person is of age/sane
-typically court with mandate pt to speak health care
-encourage another person to commit suicide? = murder (this is a medical emergency)

39

Order of Legal Precedence

Spouse → Adult son/daughter → either parent → adult brother/sister → grandparent → legal guardian

40

What if a pt is mentally incompetent?

can be admitted involuntarily for a period of time

41

Legal Issues with Children

-parental consent (except STDs)
-age of majority (18+)
-emancipation
-right of protection
-right to die

42

Legal Issues for Nursing Students

•Liable for own negligence
•UAP – follow hospital policies (no tasks beyond scope of practice)
•Rules of conduct in class/clinicals
•Due process – grievance process
•Buckley Amendment – your grades/personal info must be kept private, must sign form to release

43

Individual Nursing Licensure

-laws similar state to state
-licensed for one particular state
-many don't require continuing education
-laws developed by state boards of nursing in each state (passed as state legislation)

44

Nurse Licensure Compact

*multi-state licensure
Benefits:
-reduces barrier to when living at border
-improves tracking of disciplinary actions
-cost effective/simple
-unduplicated listing of nurses

45

Nurse Practice Acts

-each state's act may vary
-be familiar with content (definition of nursing, requirements of licensure, disciplinary actions, responsibilities of Board, etc)

46

Definiton and Scope of Practice

-definition determines legal responsibilities/scope of practice
-intentionally broad to not limit practice
-differentiates between RN and LPN

47

Board of Nursing

-5-19 members appointed by governor
Purposes:
-establish rules/regulations for minimum standards of practice
-issue licenses
-impart disciplinary actions
-approve education programs

48

Requirements for licensure

-successful completion of RN program + NCLEX
-in good standing with State Board
-pay required fees

49

Renewal of Licensure

-every two years
-some states require CEU to maintain competence

50

Reciprocity

"licensure by endorsement"
-NCLEX
-meet state requirements
-undisciplined license
-exception: nurse licensure compact states (no action required)

51

What is the discipline of licensure in MO?

Censure: public reprimand
Probation: places terms/conditions on licensee's license (ex. rehab)
Suspension: cease practice for up to 3 years
Revocation: immediately loses license and may no longer practice nursing in MO

52

Obtaining a License in MO

-application form completed in 7th semester at Mizzou
-state/federal fingerprint check
-register for NCLEX-RN