COMLEX Chapter 23 Legal Implications in Nursing Practice
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Course
COMLEX
Institution
COMLEX
Statutory law (Nurse Practice Act)
-Criminal law (felonies or misdemeanors)
-Civil law
Statutory laws include the Nurse Practice Act found in all states. The Nurse Practice Act describes and defines the legal boundaries of nursing practice in each state. The Nurse Practice Act of each state defi...
comlex chapter 23 legal implications in nursing practice
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Chapter 23 Legal Implications in Nursing
Practice
Statutory law (Nurse Practice Act)
-Criminal law (felonies or misdemeanors)
-Civil law - Answer *Statutory laws* include the Nurse Practice Act found in all states.
The Nurse Practice Act describes and defines the legal boundaries of nursing practice
in each state. The Nurse Practice Act of each state defines the scope of nursing
practice and expanded nursing roles, sets education requirements for nurses, and
distinguishes between nursing and medical practice.
*Criminal laws* are meant to prevent harm to society and to provide punishment for
crimes. These are categorized as felonies or misdemeanors.
A *felony* is a serious offense that results in significant harm to another person or
society in general. Felony crimes carry penalties of monetary restitution, imprisonment
for greater than 1 year, or death. Examples of Nurse Practice Act violations that may
carry criminal penalties include misuse of a controlled substance or practicing without a
license.
A *misdemeanor* is a crime that, although injurious, does not inflict serious harm. For
example, parking in a no-parking zone is a misdemeanor violation of traffic laws. A
misdemeanor usually has a penalty of a monetary fine, forfeiture, or brief imprisonment.
*Civil laws* protect the rights of individuals and provide for fair and equitable treatment
when civil wrongs or violations occur. The consequences of civil law violations are
damages in the form of fines or specific performance of good works such as public
service. Nursing negligence or malpractice is an example of a civil law violation.
Regulatory law (administrative law) - Answer also known as administrative law, defines
your duty to report incompetent or unethical nursing conduct to the Board of Nursing.
Common law (judicial decisions) - Answer results from judicial decisions concerning
individual cases. Most of these revolve around negligence and malpractice.
Standards of care - Answer -Legal guidelines for defining nursing practice and
identifying the *minimum* acceptable nursing care
Best known comes from the American Nurses Association (ANA)
Set by state and federal laws that govern where nurses work
Joint Commission requires policies and procedures (P&Ps).
, Patient Protection and Affordable Care Act (PPACA) - Answer -Consumer rights and
protections
-Affordable health care coverage
-Increased access to care
-Stronger Medicare to improve care for those most vulnerable in our society
Americans with Disabilities Act (ADA) - Answer Protects rights of people with physical or
mental disabilities
As defined by the statute and the U.S. Supreme Court, a disability is a mental or
physical condition that substantially limits a major life activity, including seeing, hearing,
speaking, walking, breathing, performing manual tasks, learning, caring for oneself,
and/or working.
The ADA protects health care workers in the workplace with disabilities such as human
immunodeficiency virus (HIV) infection. Likewise, health care workers cannot
discriminate against HIV-positive patients.
Emergency Medical Treatment and Active Labor Act - Answer When a patient presents
to an emergency department, they must be treated
provides that if an emergency condition exists, staff must evaluate the patient and may
not discharge or transfer him or her until the patient's condition stabilizes.
Mental Health Parity Act as Enacted Under PPACA - Answer Strengthens mental health
services
requires parity (the state or condition of being equal) in provision of 10 specific services,
including mental health, behavioral health, and substance use services.
-Insurers may not discriminate or deny coverage to patients with mental illness because
of preexisting conditions.
-Patients may remain on their parent's health insurance until they are 26 years old.
-Currently, admission of a patient to a mental health unit can occur involuntarily or on a
voluntary basis.
-If the patient's history and medical records indicate suicidal tendencies, the patient
must be kept under supervision.
The Patient Self-Determination Act (PSDA) - Answer enacted in 1991 requires health
care institutions to provide written information to patients concerning their rights under
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